As Reported by the Senate Finance and Financial Institutions Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Peterson, McGregor, R., Hottinger, Bacon, Evans, Hite, Budish, Strahorn, Yates, Chandler, Stewart, D., Boyd, Hagan, R., Skindell, Brown, Bolon, Adams, Aslanides, Barrett, Beatty, Blessing, Bubp, Celeste, Collier, Combs, DeBose, DeGeeter, Domenick, Fende, Flowers, Gibbs, Goodwin, Goyal, Hagan, J., Harwood, Healy, Heard, Jones, Koziura, Letson, Luckie, Mallory, Miller, Otterman, Patton, Redfern, Schindel, Schlichter, Setzer, Szollosi, Uecker, Ujvagi, Wagoner, White, Williams, B., Williams, S., Zehringer
Senators Carey, Niehaus, Clancy, Miller, D., Roberts, Padgett
A BILL
To amend sections 9.30, 9.821, 9.822, 9.823, 9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 117.11, 119.07, 120.33, 121.48, 122.17, 122.171, 122.602, 122.652, 124.152, 125.01, 125.02, 125.021, 125.022, 125.023, 125.04, 125.041, 125.05, 125.06, 125.07, 125.071, 125.072, 125.073, 125.08, 125.081, 125.082, 125.09, 125.10, 125.11, 125.15, 125.18, 125.25, 125.30, 125.45, 125.93, 125.96, 125.97, 125.98, 126.03, 126.07, 126.08, 126.21, 126.22, 127.16, 131.44, 133.01, 133.081, 149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09, 166.08, 167.04, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 305.31, 307.672, 307.695, 307.98, 307.981, 308.04, 317.08, 319.202, 319.54, 322.01, 323.131, 323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 333.02, 333.04, 340.03, 505.37, 505.376, 505.705, 517.08, 519.12, 711.001, 711.05, 711.10, 711.131, 718.051, 718.13, 901.171, 1306.20, 1306.21, 1347.06, 1503.05, 1504.02, 1506.01, 1506.99, 1513.08, 1513.18, 1514.081, 1514.40, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.99, 1531.06, 1531.35, 1555.08, 1557.03, 2113.041, 2117.061, 2117.25, 2151.362, 2305.2341, 2913.40, 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, 3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12, 3301.011, 3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12, 3301.311, 3301.53, 3302.03, 3302.10, 3310.41, 3311.24, 3311.51, 3311.521, 3313.532, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661, 3313.841, 3313.843, 3313.97, 3313.974, 3313.977, 3313.978, 3313.98, 3313.983, 3314.015, 3314.02, 3314.06, 3314.061, 3314.074, 3314.08, 3314.083, 3317.01, 3317.012, 3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, 3317.032, 3317.04, 3317.05, 3317.051, 3317.052, 3317.06, 3317.063, 3317.07, 3317.08, 3317.15, 3317.16, 3317.19, 3317.20, 3317.201, 3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26, 3318.36, 3319.55, 3321.03, 3323.011, 3323.02, 3323.03, 3323.031, 3323.04, 3323.05, 3323.051, 3323.07, 3323.09, 3323.091, 3323.12, 3323.13, 3323.14, 3323.141, 3323.142, 3323.143, 3323.15, 3323.17, 3323.18, 3323.20, 3323.30, 3325.011, 3325.02, 3327.01, 3327.05, 3327.16, 3333.04, 3333.122, 3333.36, 3333.38, 3345.05, 3345.32, 3353.02, 3353.03, 3354.10, 3355.01, 3357.01, 3357.10, 3358.06, 3365.01, 3381.04, 3501.01, 3501.05, 3501.11, 3501.17, 3501.31, 3505.062, 3505.063, 3505.23, 3513.21, 3517.106, 3517.11, 3599.17, 3599.19, 3599.37, 3701.74, 3701.741, 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.68, 3704.03, 3705.24, 3706.01, 3706.03, 3706.041, 3706.05, 3706.07, 3718.03, 3721.51, 3721.541, 3721.56, 3727.391, 3734.57, 3735.672, 3743.17, 3743.19, 3743.25, 3743.75, 3745.04, 3745.11, 3767.41, 3769.087, 3770.03, 3770.06, 3905.36, 3923.281, 4112.12, 4112.13, 4141.09, 4301.20, 4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4511.101, 4513.241, 4513.263, 4513.35, 4715.251, 4717.07, 4723.32, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.053, 4731.142, 4731.22, 4735.10, 4735.141, 4736.01, 4743.05, 4753.02, 4753.05, 4753.11, 4755.03, 4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, 5101.27, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802, 5101.98, 5104.04, 5104.30, 5107.02, 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.18, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5107.70, 5111.01, 5111.011, 5111.013, 5111.014, 5111.016, 5111.019, 5111.0111, 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.11, 5111.112, 5111.113, 5111.163, 5111.17, 5111.172, 5111.20, 5111.851, 5111.871, 5111.872, 5111.8814, 5111.89, 5111.891, 5111.915, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.012, 5123.043, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, 5123.99, 5126.038, 5126.04, 5126.041, 5126.042, 5126.046, 5126.05, 5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.43, 5323.01, 5323.02, 5323.99, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, 5703.57, 5703.80, 5705.01, 5705.214, 5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011, 5725.24, 5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.86, 5727.87, 5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033, 5739.09, 5739.12, 5739.122, 5739.21, 5741.02, 5741.03, 5741.121, 5743.01, 5743.20, 5745.02, 5745.05, 5745.13, 5747.01, 5747.03, 5747.47, 5747.50, 5747.501, 5747.51, 5747.54, 5747.98, 5748.01, 5748.02, 5748.021, 5749.02, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6119.06, 6121.04, and 6131.23; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 125.18 (126.17), 125.30 (126.18), 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 (1506.40), 1521.23 (1506.41), 1521.24 (1506.42), 1521.25 (1506.43), 1521.26 (1506.44), 1521.27 (1506.45), 1521.28 (1506.46), 1521.29 (1506.47), 1521.30 (1506.48), 3323.011 (3323.013), 3702.63 (3702.591), 3702.68 (3702.59), 5111.95 (5111.033), 5111.96 (5111.034), and 5126.057 (5126.0511); to enact new sections 3318.47, 3323.01, 3323.011, 3323.06, 3323.08, 3323.11, 3704.14, and 5123.16 and sections 5.2235, 109.521, 117.112, 122.051, 122.071, 122.076, 122.174, 125.011, 126.04, 126.19, 126.24, 126.40, 131.51, 167.10, 167.101, 167.102, 167.103, 167.104, 167.105, 173.351, 173.401, 183.061, 183.51, 183.52, 901.261, 1713.031, 3119.032, 3123.23, 3301.0724, 3301.162, 3303.20, 3310.51 to 3310.63, 3313.82, 3314.016, 3314.017, 3314.086, 3314.087, 3314.088, 3314.19, 3317.161, 3323.014, 3323.041, 3323.052, 3327.17, 3333.201, 3333.50, 3333.55, 3333.60, 3333.61, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68, 3333.69, 3333.70, 3345.02, 3353.20, 3353.21, 3353.22, 3353.23, 3353.24, 3353.25, 3353.26, 3353.27, 3353.28, 3353.29, 3353.30, 3355.15, 3357.13, 3701.047, 3701.135, 4303.071, 4303.232, 4303.233, 4511.093, 4517.261, 4703.071, 4753.073, 4753.101, 4766.22, 4923.26, 5101.272, 5101.541, 5101.573, 5101.574, 5101.575, 5101.591, 5107.04, 5107.121, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717, 5111.017, 5111.0120, 5111.0121, 5111.028, 5111.029, 5111.031, 5111.032, 5111.085, 5111.102, 5111.69, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704, 5111.705, 5111.706, 5111.707, 5111.708, 5111.709, 5111.7010, 5111.84, 5111.894, 5123.033, 5123.0414, 5123.0415, 5123.0416, 5123.161, 5123.162, 5123.163, 5123.164, 5123.165, 5123.166, 5123.167, 5123.168, 5123.169, 5123.605, 5126.059, 5126.0510, 5126.0512, 5302.221, 5309.082, 5533.531, 5533.632, 5533.91, 5705.219, 5733.48, 5739.029, 5739.124, 5739.213, 5741.122, 5747.77, 5748.022, 5907.16, and 6111.0381; to repeal sections 103.141, 125.95, 183.02, 183.27, 183.32, 3318.47, 3318.48, 3318.49, 3323.01, 3323.06, 3323.08, 3323.11, 3333.29, 3704.14, 4911.021, 5111.161, 5123.16, 5123.182, 5123.199, 5126.035, 5126.036, 5126.053, 5126.431, 5126.44, 5126.451, 5743.331, 5747.61, 5747.62, and 5747.63 of the Revised Code; to amend Sections 203.50, 209.10, 227.10, and 555.08 of Am. Sub. H.B. 67 of the 127th General Assembly; to amend Section 252.70 of Am. Sub. H.B. 530 of the 126th General Assembly, to amend Section 235.30 of Am. Sub. H.B. 530 of the 126th General Assembly, as subsequently amended, to amend Sections 227.10, 235.10.50,
235.50.80, and 329.10 of Am. Sub. H.B. 699 of the 126th General Assembly, to amend Section 235.20.20 of Am. Sub. H.B. 699 of the 126th General Assembly, as subsequently amended, to amend Section 203.20 of Sub. S.B. 321 of the 126th General Assembly, to amend Section 153 of Am. Sub. H.B. 117 of the 121st General Assembly, as subsequently amended, to repeal Section 3 of Am. Sub. H.B. 694 of the 126th General Assembly, and to repeal the version of section 3702.68 of the Revised Code that was to have taken effect July 1, 2007, to make operating appropriations for the biennium beginning July 1, 2007, and ending June 30, 2009, and to provide authorization and conditions for the operation of state programs; to suspend sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code until July 1, 2009, and to amend sections 711.001, 711.05, 711.10, 711.131, 4736.01, 6111.04, and 6111.44 and to enact section 3718.022 of the Revised Code effective July 1, 2009; to confirm and to order implementation of sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 and to confirm and to order complete implementation of section 9.901 of the Revised Code as the sections result from Am. Sub. H.B. 66 of the 126th General Assembly; to repeal Section 611.03 of Am. Sub. H.B. 66 of the 126th General Assembly; and to amend sections
9.833, 9.90, 9.901, 3313.202, 3313.33, and 4117.03 of the Revised Code to make other specifications pertaining to that implementation as have become necessary; and to terminate operation of section 5101.213 of the Revised Code on July 1, 2008, by repealing the section on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 9.30, 9.821, 9.822, 9.823, 9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 117.11, 119.07, 120.33, 121.48, 122.17, 122.171, 122.602, 122.652, 124.152, 125.01, 125.02, 125.021, 125.022, 125.023, 125.04, 125.041, 125.05, 125.06, 125.07, 125.071, 125.072, 125.073, 125.08, 125.081, 125.082, 125.09, 125.10, 125.11, 125.15, 125.18, 125.25, 125.30, 125.45, 125.93, 125.96, 125.97, 125.98, 126.03, 126.07, 126.08, 126.21, 126.22, 127.16, 131.44, 133.01, 133.081, 149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09, 166.08, 167.04, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 305.31, 307.672, 307.695, 307.98, 307.981, 308.04, 317.08, 319.202, 319.54, 322.01, 323.131, 323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 333.02, 333.04, 340.03, 505.37, 505.376, 505.705, 517.08, 519.12, 711.001, 711.05, 711.10, 711.131, 718.051, 718.13, 901.171, 1306.20, 1306.21, 1347.06, 1503.05, 1504.02, 1506.01, 1506.99, 1513.08, 1513.18, 1514.081, 1514.40, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.99, 1531.06, 1531.35, 1555.08, 1557.03, 2113.041, 2117.061, 2117.25, 2151.362, 2305.2341, 2913.40, 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, 3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12, 3301.011, 3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12, 3301.311, 3301.53, 3302.03, 3302.10, 3310.41, 3311.24, 3311.51, 3311.521, 3313.532, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661, 3313.841, 3313.843, 3313.97, 3313.974, 3313.977, 3313.978, 3313.98, 3313.983, 3314.015, 3314.02, 3314.06, 3314.061, 3314.074, 3314.08, 3314.083, 3317.01, 3317.012, 3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, 3317.032, 3317.04, 3317.05, 3317.051, 3317.052, 3317.06, 3317.063, 3317.07, 3317.08, 3317.15, 3317.16, 3317.19, 3317.20, 3317.201, 3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26, 3318.36, 3319.55, 3321.03, 3323.011, 3323.02, 3323.03, 3323.031, 3323.04, 3323.05, 3323.051, 3323.07, 3323.09, 3323.091, 3323.12, 3323.13, 3323.14, 3323.141, 3323.142, 3323.143, 3323.15, 3323.17, 3323.18, 3323.20, 3323.30, 3325.011, 3325.02, 3327.01, 3327.05, 3327.16, 3333.04, 3333.122, 3333.36, 3333.38, 3345.05, 3345.32, 3353.02, 3353.03, 3354.10, 3355.01, 3357.01, 3357.10, 3358.06, 3365.01, 3381.04, 3501.01, 3501.05, 3501.11, 3501.17, 3501.31, 3505.062, 3505.063, 3505.23, 3513.21, 3517.106, 3517.11, 3599.17, 3599.19, 3599.37, 3701.74, 3701.741, 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.68, 3704.03, 3705.24, 3706.01, 3706.03, 3706.041, 3706.05, 3706.07, 3718.03, 3721.51, 3721.541, 3721.56, 3727.391, 3734.57, 3735.672, 3743.17, 3743.19, 3743.25, 3743.75, 3745.04, 3745.11, 3767.41, 3769.087, 3770.03, 3770.06, 3905.36, 3923.281, 4112.12, 4112.13, 4141.09, 4301.20, 4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4511.101, 4513.241, 4513.263, 4513.35, 4715.251, 4717.07, 4723.32, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.053, 4731.142, 4731.22, 4735.10, 4735.141, 4736.01, 4743.05, 4753.02, 4753.05, 4753.11, 4755.03, 4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, 5101.27, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802, 5101.98, 5104.04, 5104.30, 5107.02, 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.18, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5107.70, 5111.01, 5111.011, 5111.013, 5111.014, 5111.016, 5111.019, 5111.0111, 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.11, 5111.112, 5111.113, 5111.163, 5111.17, 5111.172, 5111.20, 5111.851, 5111.871, 5111.872, 5111.8814, 5111.89, 5111.891, 5111.915, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.012, 5123.043, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, 5123.99, 5126.038, 5126.04, 5126.041, 5126.042, 5126.046, 5126.05, 5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.43, 5323.01, 5323.02, 5323.99, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, 5703.57, 5703.80, 5705.01, 5705.214, 5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011, 5725.24, 5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.86, 5727.87, 5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033, 5739.09, 5739.12, 5739.122, 5739.21, 5741.02, 5741.03, 5741.121, 5743.01, 5743.20, 5745.02, 5745.05, 5745.13, 5747.01, 5747.03, 5747.47, 5747.50, 5747.501, 5747.51, 5747.54, 5747.98, 5748.01, 5748.02, 5748.021, 5749.02, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6119.06, 6121.04, and 6131.23 be amended; sections 125.18 (126.17), 125.30 (126.18), 1521.20 (1506.38), 1521.21 (1506.39), 1521.22 (1506.40), 1521.23 (1506.41), 1521.24 (1506.42), 1521.25 (1506.43), 1521.26 (1506.44), 1521.27 (1506.45), 1521.28 (1506.46), 1521.29 (1506.47), 1521.30 (1506.48), 3323.011 (3323.013), 3702.63 (3702.591), 3702.68 (3702.59), 5111.95 (5111.033), 5111.96 (5111.034), and 5126.057 (5126.0511) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 3318.47, 3323.01, 3323.011, 3323.06, 3323.08, 3323.11, 3704.14, and 5123.16 and sections 5.2235, 109.521, 117.112, 122.051, 122.071, 122.076, 122.174, 125.011, 126.04, 126.19, 126.24, 126.40, 131.51, 167.10, 167.101, 167.102, 167.103, 167.104, 167.105, 173.351, 173.401, 183.061, 183.51, 183.52, 901.261, 1713.031, 3319.302, 3123.23, 3301.0724, 3301.162, 3303.20, 3310.51, 3310.52, 3310.53, 3310.54, 3310.55, 3310.56, 3310.57, 3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63, 3313.82, 3314.016, 3314.017, 3314.086, 3314.087, 3314.088, 3314.19, 3317.161, 3323.014, 3323.041, 3323.052, 3327.17, 3333.201, 3333.50, 3333.55, 3333.60, 3333.61, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68, 3333.69, 3333.70, 3345.02, 3353.20, 3353.21, 3353.22, 3353.23, 3353.24, 3353.25, 3353.26, 3353.27, 3353.28, 3353.29, 3353.30, 3355.15, 3357.13, 3701.047, 3701.135, 4303.071, 4303.232, 4303.233, 4511.093, 4517.261, 4703.071, 4753.073, 4753.101, 4766.22, 4923.26, 5101.272, 5101.541, 5101.573, 5101.574, 5101.575, 5101.591, 5107.04, 5107.121, 5107.71, 5107.711, 5107.712, 5107.713, 5107.714, 5107.715, 5107.716, 5107.717, 5111.017, 5111.0120, 5111.0121, 5111.028, 5111.029, 5111.031, 5111.032, 5111.085, 5111.102, 5111.69, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704, 5111.705, 5111.706, 5111.707, 5111.708, 5111.709, 5111.7010, 5111.84, 5111.894, 5123.033, 5123.0414, 5123.0415, 5123.0416, 5123.161, 5123.162, 5123.163, 5123.164, 5123.165, 5123.166, 5123.167, 5123.168, 5123.169, 5123.605, 5126.059, 5126.0510, 5126.0512, 5302.221, 5309.082, 5533.531, 5533.632, 5533.91, 5705.219, 5733.48, 5739.029, 5739.124, 5739.213, 5741.122, 5747.77, 5748.022, 5907.16, and 6111.0381 of the Revised Code be enacted to read as follows:
Sec. 5.2235. The month of May is designated as "Nutrition and Physical Fitness Month" to increase public awareness of the paramount roles that nutrition and physical fitness play in promoting a healthy lifestyle for all of the citizens of this state.
Sec. 9.30. The appropriate public officer of the state, county, municipal
corporation, township, school, or other public body or institution, may
acquire the service, product, or commodity of a public utility at the schedule
of rates and charges applicable to such service, product, or commodity on file
with the public utilities commission, or the applicable charge established by
a utility operating its property not for profit, at any location where such
public utility service, product, or commodity is not available, from alternate
public utilities, without the necessity of advertising to obtain bids, and
without notice, irrespective of the amount of money involved. Nothing in this section supersedes sections 125.01 to 125.15 of the Revised Code for the acquisition of telecommunication utility services by state agencies.
Sec. 9.821. (A) The department of administrative services
shall direct and manage for state agencies all risk management
and
insurance programs authorized under section 9.822 of the
Revised
Code.
(B) The office of risk management is hereby established
within the department of administrative services. The director
of
administrative services, or a deputy director appointed by the
director, shall control and supervise the office.
(C) The office may take any of the following actions that
it
determines to be in the best interests of the state:
(1) Provide all insurance coverages for the state,
including, but not limited to, automobile liability, casualty,
property, public liability, and, except as provided in division
(C)(6) of this section, fidelity bond insurance bonding. The cost of
insurance coverage shall be paid from appropriations made to the
state agencies that the office has designated to receive the
coverage.
(2) Provide coverage of legal expenses that are necessary
and related to the legal defense of claims against the state;
(3) Purchase insurance policies consistent with sections
125.01 to 125.111 of the Revised Code, develop and administer
self-insurance programs, or do both;
(4) Consolidate and combine state insurance coverages;
(5) Provide technical services in risk management and
insurance to state agencies;
(6)(a) Establish and administer a self-insured fidelity
bond
program for a particular class or subclass of state officer,
employee, or agent, if, prior to the establishment and
administration of this program, the director does both of the
following:
(i) Holds a hearing in accordance with Chapter 119. of the
Revised Code to determine whether fidelity bond insurance for
that
particular class or subclass of state officer, employee, or
agent
is available in the voluntary market;
(ii) If, as a result of that hearing, the director
determines that fidelity bond insurance for a particular class or
subclass of state officer, employee, or agent is unavailable in
the voluntary market and that the absence of this insurance
threatens the operation of state government and will be
detrimental to the general welfare of the citizens of this state,
adopts rules in accordance with Chapter 119. of the Revised Code
to establish standards and procedures governing the
establishment,
administration, and termination of the fidelity
bond program for
that particular class or subclass of state
officer, employee, or
agent.
(b) Division (C)(6)(a) of this section does not apply to
any
self-insured blanket fidelity bond program that, on
September 20,
1993, has
been
established
pursuant to section 9.831
of the
Revised
Code.
(7) Except as provided in division (C)(6) of this section,
adopt Adopt and publish, in accordance with section 111.15 of the
Revised Code, necessary rules and procedures governing the
administration of the state's insurance and risk management
activities.
(D) No state agency, except a state agency exempted under
section 125.02 or 125.04 of the Revised Code from the
department's
purchasing authority, shall purchase any insurance
described in
this section except as authorized by the department, when the office of risk management determines that the purchase is in the best interest of the state pursuant to division (C)(1) of this section,
and in
accordance with terms, conditions, and procurement methods
established by the department.
(E) With respect to any civil action, demand, or claim
against the state that could be filed in the court of claims,
nothing in sections 9.82 to 9.823 of the Revised Code shall be
interpreted to permit the settlement or compromise of those civil
actions, demands, or claims, except in the manner provided in
Chapter 2743. of the Revised Code.
Sec. 9.822. (A) The department of administrative services
through the office of risk management shall establish an
insurance
plan or plans
that may provide for self-insurance or
the
purchase
of insurance, or both, for any either of the following
purposes:
(1) Insuring state real and personal property against
losses
occasioned by fire, windstorm, or other accidents and
perils;
(2) Insuring the state and its officers and employees
against liability resulting from any civil action, demand, or
claim against the state or its officers and employees arising out
of any act or omission of an officer or employee in the
performance of
official duties, except acts and omissions
for
which
indemnification is prohibited under section 9.87 of the
Revised
Code;.
(3) Insuring (B) The department of administrative services through the office of risk management shall establish one or more insurance plans that provide for the purchase of insurance for the purpose of insuring the state through the fidelity bonding of
state
officers, employees, and agents who are required by law to
provide
a fidelity bond. Nothing in this section shall be construed to allow the department of administrative services through the office of risk management to administer the state's fidelity bonding program through a program of self-insurance.
(B)(1) Prior to the establishment of any self-insured
fidelity bond program for a particular class or subclass of state
officer, employee, or agent authorized pursuant to division
(A)(3)
of this section, the director of administrative services
shall
follow the procedures for holding a hearing and adopting
rules set
forth in division (C)(6)(a) of section 9.821 of the
Revised Code.
(2) Division (B)(1) of this section does not apply to any
self-insured blanket fidelity bond program that, on
September 20,
1993, has been
established
pursuant to section 9.831
of the
Revised Code.
(3) The director shall prepare annually a written report
detailing any self-insured fidelity bond program established
pursuant to division (A)(3) of this section. The report shall
include, but is not limited to, information relating to premiums
collected, income from recovery, loss experience, and
administrative costs of the program. A copy of the report,
together with a copy of those portions of the most recent reports
submitted under division (D) of section 9.823 of the Revised Code
that pertain to any such self-insured fidelity bond
program,
shall
be submitted to the speaker of the house of
representatives
and
the president of the senate by the
last
day of
March of
each
year.
Sec. 9.823. (A) All contributions collected by the
director of administrative services under division (E) of this
section shall be deposited into the state treasury to the credit
of the risk management reserve fund, which is hereby created.
The fund shall be used to provide insurance and self-insurance
for the state under section sections 9.822 and 9.83 of the Revised Code. All
investment earnings of the fund shall be credited to it.
(B) The director, through the office of risk management,
shall operate the risk management reserve fund on an actuarially
sound basis.
(C) Reserves shall be maintained in the risk management
reserve fund in any amount that is necessary and adequate, in the
exercise of sound and prudent actuarial judgment, to cover
potential liability claims, expenses, fees, or damages. Money in
the fund may be applied to the payment of liability claims that
are filed against the state in the court of claims and determined
in the manner provided for under Chapter 2743. of the Revised
Code. The director may procure the services of a qualified
actuarial firm for the purpose of recommending the specific
amount of money that would be required to maintain adequate
reserves for a given period of time.
(D) A report of the amounts reserved and disbursements
made from the reserves, together with a written report of a
competent property and casualty actuary, shall be submitted, on
or before the last day of March for the preceding calendar year,
to the speaker of the house of representatives and the president
of the senate. The actuary shall certify the adequacy of the
rates of contributions, the sufficiency of excess insurance, and
whether the amounts reserved conform to the requirements of this
section, are computed in accordance with accepted loss reserving
standards, and are fairly stated in accordance with sound loss
reserving principles. The report shall include disbursements
made for the administration of the fund, including claims paid,
cost of legal representation of state agencies and employees, and
fees paid to consultants.
(E) The director shall collect from each state agency or
any participating state body its contribution to the risk
management reserve fund for the purpose of purchasing insurance
or administering self-insurance programs for coverages authorized
under section sections 9.822 and 9.83 of the Revised Code. The contribution shall
be determined by the director, with the approval of the director
of budget and management, and shall be based upon actuarial
assumptions and the relative risk and loss experience of each
state agency or participating state body. The contribution shall
further include a reasonable sum to cover the department's
administrative costs.
Sec. 9.83. (A) The state and any political subdivision
may procure a policy or policies of insurance insuring its
officers and employees against liability for injury, death, or
loss to person or property that arises out of the operation of an
automobile, truck, motor vehicle with auxiliary equipment,
self-propelling equipment or trailer, aircraft, or watercraft by
the officers or employees while engaged in the course of their
employment or official responsibilities for the state or the
political subdivision. The state is authorized to expend funds
to pay judgments that are rendered in any court against its
officers or employees and that result from such operation, and is
authorized to expend funds to compromise claims for liability
against its officers or employees that result from such
operation. No insurer shall deny coverage under such a policy,
and the state shall not refuse to pay judgments or compromise
claims, on the ground that an automobile, truck, motor vehicle
with auxiliary equipment, self-propelling equipment or trailer,
aircraft, or watercraft was not being used in the course of an
officer's or employee's employment or official responsibilities
for the state or a political subdivision unless the officer or
employee who was operating an automobile, truck, motor vehicle
with auxiliary equipment, or self-propelling equipment or trailer
is convicted of a violation of section 124.71 of the Revised Code
as a result of the same events.
(B) Funds shall be reserved as necessary, in the
exercise of sound and prudent actuarial judgment, to cover
potential expense, fees, damage, loss, or other liability. The
superintendent of insurance office of risk management may recommend or, if the state
requests of the superintendent office of risk management, shall recommend, a specific
amount for any period of time that, in the superintendent's
opinion of the office of risk management, represents
such a judgment.
(C) Nothing in this section shall be construed to require
the department of administrative services to purchase liability
insurance for all state vehicles in a single policy of insurance
or to cover all state vehicles under a single plan of
self-insurance.
(D) Insurance procured by the state pursuant to this
section shall be procured as provided in section 125.03 of the
Revised Code.
(E) For purposes of liability insurance procured under this
section to cover the operation of a motor vehicle by a prisoner for whom the
insurance is procured, "employee" includes a prisoner in the custody of the
department of
rehabilitation and correction who is enrolled in a work program that is
established by the department pursuant to section 5145.16
of the Revised Code and in which
the prisoner is required to operate a motor vehicle, as defined in section
4509.01 of the Revised Code, and who is engaged in the operation of a motor
vehicle in the
course of the work program.
(F) There is hereby created in the state treasury the vehicle liability fund. All contributions collected by the director of administrative services under division (I) of this section shall be deposited into the fund. The fund shall be used to provide insurance and self-insurance for the state under this section. All investment earnings of the fund shall be credited to it risk management reserve fund created in section 9.823 of the Revised Code to the credit of the vehicle liability program.
(G) The director of administrative services, through the office of risk management, shall operate the vehicle liability fund on an actuarially sound basis.
(H) Reserves shall be maintained in the vehicle liability risk management reserve fund to the credit of the vehicle liability program in any amount that is necessary and adequate, in the exercise of sound and prudent actuarial judgment, to cover potential liability claims, expenses, fees, or damages. Money in the fund may be applied to the payment of liability claims that are filed against the state in the court of claims and determined in the manner provided in Chapter 2743. of the Revised Code. The director of administrative services may procure the services of a qualified actuarial firm for the purpose of recommending the specific amount of money that is required to maintain adequate reserves for a specified period of time.
(I)(H) The director of administrative services shall collect from each state agency or any participating state body its contribution to the vehicle liability fund program for the purpose of purchasing insurance or administering self-insurance programs for coverage authorized under this section. The amount of the contribution shall be determined by the director, with the approval of the director of budget and management. It shall be based upon actuarial assumptions and the relative risk and loss experience of each state agency or participating state body. The amount of the contribution also shall include a reasonable sum to cover administrative costs of the department of administrative services. The amounts collected pursuant to this division shall be deposited in the risk management reserve fund to the credit of the vehicle liability program.
Sec. 107.12. (A) As used in this section, "organization" means a faith-based or other organization that is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and provides charitable services to needy residents of this state.
(B) There is hereby established within the office of the governor the governor's office of faith-based and community initiatives. The office shall:
(1) Serve as a clearinghouse of information on federal, state, and local funding for charitable services performed by organizations;
(2) Encourage organizations to seek public funding for their charitable services;
(3) Act as a liaison between state agencies and organizations;
(4) Advise the governor, general assembly, and the advisory board of the governor's office of faith-based community initiatives on the barriers that exist to collaboration between organizations and governmental entities and on ways to remove the barriers.
(C) The governor shall appoint an executive assistant to manage the office and perform or oversee the performance of the duties of the office.
(D)(1) There is hereby created the advisory board of the governor's office of faith-based and community initiatives. The board shall consist of members appointed as follows:
(a) The directors of aging, alcohol
and drug addiction
services, rehabilitation and correction, health, job
and
family services, mental health, and youth services shall each
appoint to
the board one employee of that director's
department.
(b) The speaker of the house of representatives shall
appoint to the board two members of the house of
representatives, not more than one of whom shall be from the same
political party and at least one of whom shall be from the legislative black caucus. The speaker of the house of representatives shall consult with the president of the legislative black caucus in making the legislative black caucus member appointment. The president of the senate shall appoint to the
board two members of the senate, not more than one of whom
shall be from the same political party.
(c) The governor, speaker of the house of representatives,
and president of the senate shall each appoint to the board
three representatives of the nonprofit, faith-based and other
nonprofit
community.
(2) The appointments to the board shall be made within
thirty days after the effective date of this section. Terms of the office shall be one year. Any vacancy
that occurs on the board shall be filled in the same manner
as the original appointment. The members of the board shall
serve without compensation.
(3) At its initial meeting, the board shall elect a
chairperson. The
chairperson shall be a member of the board who is a member of
the house of representatives.
(E) The board shall do both of the following:
(1) Provide direction, guidance, and oversight to the office;
(2) Publish a report of its activities on or before the first day of August of each year, and deliver copies of the report to the governor, the speaker and minority leader of the house of representatives, and the president and minority leader of the senate.
(F) No member of the board or organization that the member is affiliated or involved with is eligible to receive any grant that the office administers or assists in administering.
Sec. 107.40. (A) There is hereby created the
governor's residence advisory commission. The commission shall
provide for the preservation, restoration, acquisition, and
conservation of all decorations, objects of art, chandeliers,
china, silver, statues, paintings, furnishings, accouterments,
and other aesthetic materials that have been acquired, donated,
loaned, or otherwise obtained by the state for the governor's
residence and that have been approved by the commission. In addition, the commission shall provide for the maintenance of plants that have been acquired, donated, loaned, or otherwise obtained by the state for the governor's residence and that have been approved by the commission.
(B) The commission shall
be responsible for the care, provision, repair, and placement of
furnishings and other objects and accessories of the grounds and
public areas of the first story of the governor's residence and for the care and placement of plants on the grounds. In
exercising this responsibility, the commission shall preserve
and seek to further establish all of the following:
(1) The authentic ambiance and decor
of the historic era during which the governor's residence was
constructed;
(2) The grounds as a representation of Ohio's natural ecosystems;
(3) The heritage garden for all of the following purposes:
(a) To preserve, sustain, and encourage the use of native flora throughout the state;
(b) To replicate the state's physiographic regions, plant communities, and natural landscapes;
(c) To serve as an educational garden that demonstrates the artistic, industrial, political, horticultural, and geologic history of the state through the use of plants;
(d) To serve as a reservoir of rare species of plants from the physiographic regions of the state.
These duties shall not affect the obligation of
the department of administrative services to provide for the and adopt policies and procedures regarding the use,
general maintenance, and operating expenses of the governor's
residence.
(C) The commission shall
consist of eleven members. One member shall be the director of
administrative services or the director's designee, who shall
serve during the director's term of office and shall serve as
chairperson. One member shall be the director of the
Ohio historical society or the
director's designee, who shall serve during the director's term
of office and shall serve as vice-chairperson. One
member shall
represent the Columbus
landmarks foundation. One member shall represent the
Bexley historical society. One member shall be the mayor of the city of Bexley, who shall serve during the mayor's term of office. One member shall be the chief executive officer of the Franklin park conservatory joint recreation district, who shall serve during the term of employment as chief executive officer. The
remaining five members shall be appointed by the governor with
the advice and consent of the senate. The five members appointed by the
governor shall be persons with knowledge of
Ohio history, architecture,
decorative arts, or historic preservation, and one of those members shall have knowledge of landscape architecture, garden design, horticulture, and plants native to this state.
(D) Of the initial appointees, the representative of the
Columbus landmarks foundation shall serve for a term expiring
December 31, 1996, and the representative of the Bexley
historical society shall serve for a term expiring
December 31, 1997. Of the five
members appointed by the governor, three shall serve for terms
ending December 31, 1998, and two shall serve for terms ending December 31,
1999. Thereafter, each term shall be for four years, commencing on the first
day of January and ending on the last day of December. The member having knowledge of landscape architecture, garden design, horticulture, and plants native to this state initially shall be appointed upon the first vacancy on the commission occurring on or after June 30, 2006.
Each
member shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Any member appointed to fill a vacancy occurring
prior to the end of the term for which the member's predecessor
was appointed shall hold office for the remainder of the term.
Any member shall continue in office subsequent to the expiration
of the term until the member's successor takes office.
(E) Six members of the
commission constitute a quorum, and the affirmative vote of six
members is required for approval of any action by the
commission.
(F) After each initial
member of the commission has been appointed, the commission
shall meet and select one member as secretary and another as
treasurer. Organizational meetings of the commission shall be
held at the time and place designated by call of the
chairperson.
Meetings of the commission may be held anywhere in the state and
shall be in compliance with
Chapters 121. and 149. of the Revised Code. The commission may
adopt, pursuant to section 111.15 of the
Revised Code, rules necessary to carry
out the purposes of this section.
(G) Members of the
commission shall serve without remuneration, but shall be
compensated for actual and necessary expenses incurred in the
performance of their official duties.
(H) All expenses
incurred in carrying out this section are payable solely from
money accrued under this section or appropriated for these
purposes by the general assembly, and the commission shall incur
no liability or obligation beyond such money.
(I) The Except as otherwise provided in this division, the commission may accept any payment for the use of the governor's residence or may
accept any donation, gift, bequest, or devise for the governor's residence or as an endowment for the maintenance and care of the garden on the grounds of the governor's residence in furtherance of
its duties. The commission shall not accept any donation, gift, bequest, or devise from a person, individual, or member of an individual's immediate family if the person or individual is receiving payments under a contract with the state or a state agency for the purchase of supplies, services, or equipment or for the construction, reconstruction, improvement, enlargement, alteration, repair, painting, or decoration of a public improvement, except for payments received under an employment contract or a collective bargaining agreement. Any revenue received by the commission shall be
deposited into the governor's residence fund, which is hereby
established in the state treasury, for use by the commission in
accordance with the performance of its duties. All investment
earnings of the fund shall be credited to the fund. Title to
all property acquired by the commission shall be taken in the
name of the state and shall be held for the use and benefit of
the commission.
(J) Nothing in this
section limits the ability of a person or other entity to
purchase decorations, objects of art, chandeliers, china,
silver, statues, paintings, furnishings, accouterments, plants, or other
aesthetic materials for placement in the governor's residence or on the grounds of the governor's residence or
donation to the commission. No such object or plant, however, shall be
placed on the grounds or public areas of the first story of the
governor's residence without the consent of the commission.
(K) The heritage garden established under this section shall be officially known as "the heritage garden at the Ohio governor's residence."
(L) As used in this section, "heritage garden" means the botanical garden of native plants established at the governor's residence.
Sec. 109.521. There is hereby created in the state treasury the bureau of criminal identification and investigation asset forfeiture and cost reimbursement fund. All amounts awarded to the bureau of criminal identification and investigation as a result of shared federal asset forfeiture and state and local moneys designated as restitution for reimbursement of the costs of investigations shall be deposited into this fund. The moneys in this fund shall be used in accordance with federal asset forfeiture rules, regulations, and laws. Interest earned on the money in this fund shall be credited to the fund.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a) or (A)(10)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a) or (A)(10)(a) of section 109.572
of the Revised Code, or involving an
adjudication in a case in which a child under eighteen years of age was
alleged to be a delinquent child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information:
(a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b) The style and number of the case;
(d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections. In addition to any other authorized use of information, data, and statistics of that nature, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32, or
3301.541, division (C) of section 3310.58, or section 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; the director of mental retardation and
developmental disabilities; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of a registered private provider that is not also a chartered nonpublic school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining
to that
individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education or a registered private provider is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to division (C) of section 3310.58 or section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board or provider shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district or provider only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(5) When a recipient of a classroom
reading
improvement grant paid under section 3301.86 of the Revised
Code
requests, with respect to any individual who applies to participate in
providing any program or service
funded in whole or in
part by the grant, the information that a school district board of
education is authorized to request under division
(F)(2)(a) of
this section, the superintendent of the bureau shall proceed as if the
request has been
received from a school district board of education under division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is required to be made under section 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual.
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsperson services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsperson, ombudsperson's designee, or director of health may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsperson services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.394 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an individual, the chief administrator of a community-based long-term care agency may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information
exists
and, on request of the individual requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within
thirty days of the date a request is received, the superintendent
shall send to the requester a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the requester a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a government entity or person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
(J) As used in this section, "registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the special education scholarship pilot program.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.27, 173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position for which a criminal records check is required by those sections. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.95 or 5111.96 5111.032, 5111.033, or 5111.034 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this
section to determine whether any information
exists that indicates that the person who is the subject of the request
previously has been
convicted of or, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.
(8) On a request pursuant to section 2151.86 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(8)(a) of this section.
(9) When conducting a criminal records check on a request pursuant to section 5104.013 of the Revised Code for a person who is an owner, licensee, or administrator of a child day-care center or type A family day-care home, an authorized provider of a certified type B family day-care home, or an adult residing in a type A or certified type B home, or when conducting a criminal records check or a request pursuant to section 5104.012 of the Revised Code for a person who is an applicant for employment in a center, type A home, or certified type B home, the superintendent, in addition to the determination made under division (A)(1) of this section, shall determine whether any information exists that indicates that the person has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(10)(a) of this section.
(11) On receipt of a request for a criminal records check from an individual pursuant to section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to a felony in this state or in any other state. If the individual indicates that a firearm will be carried in the course of business, the superintendent shall require information from the federal bureau of investigation as described in division (B)(2) of this section. The superintendent shall report the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety.
(12) On receipt of a request pursuant to section 1322.03, 1322.031, or 4763.05 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for a license, permit, or certification from the department of commerce or a division in the department. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: a violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised Code; any other criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, or drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code; or any existing or former law of this state, any other state, or the United States that is substantially equivalent to those offenses.
(13) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (6) of this section.
(B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request. In the case of a request under section 5111.032 of the Revised Code, the fee shall be paid in the manner specified in that section.
(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method.
(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.
(E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request has been received from a school district board of education under section 3319.39 of the Revised Code. The superintendent shall apply division (A)(7) of this section to any such request for an applicant who is a teacher.
(F) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.
(2) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code.
(3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(5)(3) "Older adult" means a person age sixty or older.
(4) "Registered private provider" means a nonpublic school or entity registered with the superintendent of public instruction under section 3310.41 of the Revised Code to participate in the autism scholarship program or section 3310.58 of the Revised Code to participate in the special education scholarship pilot program.
Sec. 109.93. The attorney general education fund is hereby created in the
custody of the treasurer of state treasury. The fund shall consist of gifts and grants
received by the attorney general for the purposes of the fund. The fund shall
be administered by the attorney general and shall be used to support various
educational programs. These educational programs may include programs for
consumer protection, victims of crime, environmental protection, drug abuse,
child abuse, peace officer training, crime prevention, and law. The fund may
also be used to pay costs associated with the solicitation of gifts and grants
for the purposes of the fund, and the costs of administering the fund. The
fund shall not be used to replace money spent by local programs for similar
purposes.
Sec. 111.18. (A) The secretary of state shall keep a
record
of all fees collected by the secretary of state and,
subject to
division (B) of section
1309.528
of the Revised Code
and except
as otherwise provided in
the Revised Code, shall
pay
them into the
state
treasury to the credit of the
corporate and uniform
commercial code filing
fund created
by section
1309.528 of the
Revised Code.
(B)
The secretary of state may implement alternative payment
programs that permit payment of any fee charged by the secretary
of state by means other than cash, check, money order, or credit
card; an alternative payment program may include, but is not
limited to, one that permits a fee to be paid by electronic means
of transmission. Fees paid under an alternative payment program
shall be deposited to the credit of the secretary of state
alternative payment program fund, which is hereby created. The
secretary of state alternative payment program fund shall be in
the custody of the treasurer of state but shall not be part of the
state treasury. Any investment income of the secretary of state
alternative payment program fund shall be credited to that fund
and used to operate the alternative payment program. Within
two
working days following the deposit of funds to the credit of the
secretary of state alternative payment program fund, the secretary
of state shall pay those funds into the state treasury to the
credit
of the corporate and uniform commercial code filing fund,
subject
to division (B) of section 1309.401 of the Revised Code
and except
as otherwise provided in the Revised Code.
The secretary of state shall adopt rules necessary to carry
out the purposes of this division.
Sec. 117.11. (A) Except as otherwise provided in this
division and in section 117.112 of the Revised Code, the auditor of state shall audit
each public office
at least once every two
fiscal years. The auditor of state
shall
audit a public office each fiscal year if that public office is
required
to be audited on an annual basis pursuant to "The Single
Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501
et seq., as
amended. In the annual or biennial audit,
inquiry shall be made
into the methods, accuracy, and legality of
the accounts,
financial reports, records, files, and reports of
the office,
whether the laws, rules, ordinances, and orders
pertaining
to the
office have been observed, and whether the requirements
and rules
of the auditor of state have been complied with.
Except as
otherwise provided in this division or where auditing
standards or
procedures dictate otherwise,
each audit shall cover at least one
fiscal year. If a public office is
audited only once every two
fiscal years, the audit shall cover both fiscal
years.
(B) In addition to the annual or biennial audit provided for
in
division (A) of this section, the auditor of state may conduct
an
audit of a public office
at any time
when so requested by the
public office or upon the auditor of state's own
initiative if the
auditor of state has reasonable cause to believe that an
additional audit is in the public interest.
(C)(1) The auditor of state shall identify any public
office
in which the auditor of state will be unable to conduct an
audit
at least once every two fiscal years as required by
division (A)
of this section and shall provide immediate written notice to the
clerk
of the legislative authority or governing board of the
public
office so identified. Within six months of the receipt of
such
notice, the legislative authority or governing board may
engage
an independent certified public accountant to conduct an
audit
pursuant to section 117.12 of the Revised Code.
(2) When the chief fiscal officer of a public office
notifies the auditor of state that an audit is required at a time
prior to the next regularly scheduled audit by the auditor of
state, the auditor of state shall either cause an earlier audit
to
be made by the auditor of state or authorize the legislative
authority or governing board of the public office to engage an
independent certified public accountant to conduct the required
audit. The scope of the audit shall be as authorized by the
auditor of state.
(3) The auditor of state shall approve the scope of an
audit
under division (C)(1) or (2) of this section as set
forth in the
contract for the proposed audit before the contract is
executed on
behalf of the public office that is to be audited.
The independent
accountant conducting an audit under division
(C)(1) or (2) of
this section shall be paid by the public
office.
(D) If a uniform accounting network is established under
section 117.101 of the Revised Code, the auditor of state or a
certified public accountant employed pursuant to this section or
section 115.56 or 117.112 of the Revised Code shall, to the extent
practicable, utilize services offered by the network in order to
conduct efficient and economical audits of public offices.
(E) The auditor of state shall, in accordance with
division
(A)(3) of section 9.65 of the Revised Code and this
section, audit
an annuity program for volunteer fire fighters
established by a
political subdivision under section 9.65 of the
Revised Code. As
used in this section, "volunteer fire fighters"
and "political
subdivision" have the same meanings as in division
(C) of section
9.65 of the Revised Code.
Sec. 117.112. The auditor of state shall audit the Buckeye tobacco settlement financing authority each fiscal year in accordance with this chapter. The auditor may engage an independent certified public accountant to conduct the audit.
Sec. 119.07. Except when a statute prescribes a notice and
the persons to whom it shall be given, in all cases in which
section 119.06 of the Revised Code requires an agency to afford
an opportunity for a hearing prior to the issuance of an order,
the agency shall give notice to the party informing him the
party of his the party's
right to a hearing. Notice shall be given by registered mail,
return receipt requested, and shall include the charges or other
reasons for the proposed action, the law or rule directly
involved, and a statement informing the party that he the party
is entitled
to a hearing if he the party requests it within thirty days of
the time of
mailing the notice. The notice shall also inform the party that
at the hearing he the party may appear in person, by his
the party's attorney, or by
such other representative as is permitted to practice before the
agency, or may present his the party's position, arguments, or
contentions in
writing and that at the hearing he the party may present
evidence and
examine witnesses appearing for and against him the party. A
copy of the
notice shall be mailed to attorneys or other representatives of
record representing the party. This paragraph does not apply to
situations in which such section provides for a hearing only when
it is requested by the party.
When a statute specifically permits the suspension of a
license without a prior hearing, notice of the agency's order
shall be sent to the party by registered mail, return receipt
requested, not later than the business day next succeeding such
order. The notice shall state the reasons for the agency's
action, cite the law or rule directly involved, and state that
the party will be afforded a hearing if he the party requests it
within
thirty days of the time of mailing the notice. A copy of the
notice shall be mailed to attorneys or other representatives of
record representing the party.
Whenever a party requests a hearing in accordance with this
section and section 119.06 of the Revised Code, the agency shall
immediately set the date, time, and place for the hearing and
forthwith notify the party thereof. The date set for the hearing
shall be within fifteen days, but not earlier than seven days,
after the party has requested a hearing, unless otherwise agreed
to by both the agency and the party.
When any notice sent by registered mail, as required by
sections 119.01 to 119.13 of the Revised Code, is returned
because of failure of delivery the party fails to claim the notice, the agency shall send the notice by ordinary mail to the party at the party's last known address and shall obtain a certificate of mailing. Service by ordinary mail is complete when the certificate of mailing is obtained unless the notice is returned showing failure of delivery.
If any notice sent by registered or ordinary mail is returned for failure of delivery, the agency either shall make
personal delivery of the notice by an employee or agent of the agency or
shall cause a summary of the substantive provisions of the notice to be published once a week for three
consecutive weeks in a newspaper of general circulation in the
county where the last known place of residence or business address of the
party is located. When notice is given by publication, a copy of
the newspaper proof of publication affidavit, with the first publication of the notice marked set forth in the affidavit,
shall be mailed by ordinary mail to the party at the party's last known address and the
notice shall be deemed received as of the date of the last
publication. An employee or agent of the agency may make personal delivery of the notice upon a party at any time.
Refusal of delivery by personal service or by mail is not failure of delivery and service is deemed to be complete. Failure of delivery occurs only when a mailed notice is returned by the postal authorities marked undeliverable, address or addressee unknown, or forwarding address unknown or expired. A party's last known address is the mailing address of the party appearing in the records of the agency.
The failure of an agency to give the notices for any
hearing required by sections 119.01 to 119.13 of the Revised Code
in the manner provided in this section shall invalidate any order
entered pursuant to the hearing.
Sec. 120.33. (A) In lieu of using a county public
defender
or joint county public defender to represent indigent
persons in
the proceedings set forth in division (A) of section
120.16 of the
Revised Code, the board of county commissioners of
any county may
adopt a resolution to pay counsel who are either
personally
selected by the indigent person or appointed by the
court. The
resolution shall include those provisions the board
of county
commissioners considers necessary to provide effective
representation of indigent persons in any proceeding for which
counsel is provided under this section. The resolution shall
include provisions for contracts with any municipal corporation
under which the municipal corporation shall reimburse the county
for counsel appointed to represent indigent persons charged with
violations of the ordinances of the municipal corporation.
(1) In a county that adopts a resolution to pay counsel,
an
indigent person shall have the right to do either of the
following:
(a) To select the person's own personal counsel to represent
the person in
any proceeding included within the provisions of the
resolution;
(b) To request the court to appoint counsel to represent
the
person in such a proceeding.
(2) The court having jurisdiction over the proceeding in a
county that adopts a resolution to pay counsel shall, after
determining that the person is indigent and entitled to legal
representation under this section, do either of the following:
(a) By signed journal entry recorded on its docket, enter
the name of the lawyer selected by the indigent person as counsel
of record;
(b) Appoint counsel for the indigent person if the person
has requested the court to appoint counsel and, by signed journal
entry recorded on its dockets, enter the name of the lawyer
appointed for the indigent person as counsel of record.
(3) The board of county commissioners shall establish a
schedule of fees by case or on an hourly basis to be paid to
counsel for legal services provided pursuant to a resolution
adopted under this section. Prior to establishing the schedule,
the board of county commissioners shall request the bar
association or associations of the county to submit a proposed
schedule. The schedule submitted shall be subject to the review,
amendment, and approval of the board of county commissioners.
(4) Counsel selected by the indigent person or appointed
by
the court at the request of an indigent person in a county
that
adopts a resolution to pay counsel, except for counsel
appointed
to represent a person charged with any violation of an
ordinance
of a municipal corporation that has not contracted with
the county
commissioners for the payment of appointed counsel,
shall be paid
by the county and shall receive the compensation
and expenses the
court approves. Each request for payment shall
be accompanied by
a financial disclosure form and an affidavit of
indigency that are
completed by the
indigent person on forms prescribed by the state
public defender.
Compensation and expenses shall not exceed the
amounts fixed by
the board of county commissioners in the schedule
adopted
pursuant to division (A)(3) of this section. No court
shall
approve compensation and expenses that exceed the amount
fixed
pursuant to division (A)(3) of this section.
The fees and expenses approved by the court shall not be
taxed as part of the costs and shall be paid by the county.
However, if the person represented has, or may reasonably be
expected to have, the means to meet some part of the cost of the
services rendered to the person, the person shall pay
the county
an
amount that the person reasonably can be expected to pay.
Pursuant to section 120.04 of the Revised Code, the county shall
pay to the
state public defender a percentage of the
payment
received from the
person in an amount
proportionate to the
percentage of the costs of the person's case
that were paid to the
county by the state public defender
pursuant to this section. The
money paid to the state public
defender shall be credited to the
client payment
fund created pursuant to division (B)(5) of section
120.04 of the
Revised Code.
The county auditor shall draw a warrant on the county
treasurer for the payment of counsel in the amount fixed by the
court, plus the expenses the court fixes and certifies to the
auditor. The county auditor shall report periodically, but not
less than annually, to the board of county commissioners and to
the Ohio state public defender commission the amounts paid out pursuant
to the approval of the court. The board of county commissioners,
after review and approval of the auditor's report, or the county auditor, with permission from and notice to the board of county commissioners, may then
certify it to the state public defender for reimbursement. If a The state public defender may pay a requested reimbursement only if the
request for reimbursement is not accompanied by a financial
disclosure form
and an affidavit of
indigency completed by the
indigent person on forms prescribed by
the state public defender,
the state public defender shall not
pay the requested
reimbursement or if the court certifies by electronic signature as prescribed by the state public defender that a financial disclosure form and affidavit of indigency have been completed by the indigent person and are available for inspection. If a request for the
reimbursement of the cost of
counsel in any case is not received
by the state public defender
within ninety days after the end of
the calendar month in which
the case is finally disposed of by
the court, unless the county
has requested and the state public
defender has granted an
extension of the ninety-day limit, the
state public defender shall
not pay the requested reimbursement.
The state public defender
shall also review the report and, in
accordance with the
standards, guidelines, and maximums
established pursuant to
divisions (B)(7) and (8) of section
120.04 of the Revised Code,
prepare a voucher for fifty per cent
of the total cost of each
county appointed counsel system in the
period of time covered by
the certified report and a voucher for
fifty per cent of the costs
and expenses that are reimbursable
under section 120.35 of the
Revised Code, if any, or, if the
amount of money appropriated by
the general assembly to reimburse
counties for the operation of
county public defender offices,
joint county public defender
offices, and county appointed
counsel systems is not sufficient to
pay fifty per cent of the
total cost of all of the offices and
systems other than costs and
expenses that are reimbursable under
section 120.35 of the
Revised Code, for the lesser amount required
by section 120.34 of
the Revised Code.
(5) If any county appointed counsel system fails to
maintain
the standards for the conduct of the system established
by the
rules of the Ohio public defender commission pursuant to
divisions
(B) and (C) of section 120.03 or the standards
established by the
state public defender pursuant to division
(B)(7) of section
120.04 of the Revised Code, the Ohio public
defender commission
shall notify the board of county
commissioners of the county that
the county appointed counsel
system has failed to comply with its
rules or the standards of
the state public defender. Unless the
board of county
commissioners corrects the conduct of its
appointed counsel
system to comply with the rules and standards
within ninety days
after the date of the notice, the state public
defender may deny all or part
of the county's reimbursement
from
the state provided for in division (A)(4) of this section.
(B) In lieu of using a county public defender or joint
county public defender to represent indigent persons in the
proceedings set forth in division (A) of section 120.16 of the
Revised Code, and in lieu of adopting the resolution and
following
the procedure described in division (A) of this
section, the board
of county commissioners of any county may
contract with the state
public defender for the state public
defender's legal
representation of indigent persons. A contract entered into
pursuant to this division may provide for payment for the
services
provided on a per case, hourly, or fixed contract basis.
(C) If a court appoints an attorney pursuant to this section
to represent a
petitioner in a postconviction relief proceeding
under section 2953.21 of the
Revised Code, the petitioner has
received a sentence of death, and the
proceeding relates to that
sentence, the attorney who represents the petitioner in the
proceeding pursuant to the appointment shall be certified under
Rule
20 of the Rules of Superintendence for
the
Courts
of Ohio
to represent indigent
defendants charged with or
convicted of an
offense for which the
death penalty can be or has
been imposed.
Sec. 121.48. There is hereby created the office of the
inspector general, to be headed by the inspector general.
The governor shall appoint the inspector general, subject
to section 121.49 of the Revised Code and the advice and consent
of the senate. The inspector general shall hold office for a
term coinciding with the term of the appointing governor. The
governor may remove the inspector general from office only after
delivering written notice to the inspector general of the reasons
for which the governor intends to remove the
inspector general from office and providing the inspector
general
with an opportunity to appear and show cause why the inspector
general should not be
removed.
In addition to the duties imposed by section 121.42 of the
Revised Code, the inspector general shall manage the office of
the inspector general. The inspector general shall establish and
maintain offices in Columbus.
The inspector general may appoint employ and fix the compensation of one or more deputy
inspectors general. Each deputy inspector general shall serve
for a term coinciding with the term of the appointing inspector
general, and shall perform the duties, including the performance
of investigations, that are assigned by the inspector general. All
deputy inspectors general are in the unclassified service and
serve at the pleasure of the inspector general.
In addition to deputy inspectors general, the inspector
general may appoint employ and fix the compensation of professional, technical, and clerical
employees that are necessary for the effective and efficient
operation of the office of the inspector general. All
professional, technical, and clerical employees of the office of
the inspector general are in the unclassified service and serve
at the pleasure of the appointing inspector general.
The inspector general may enter into any contracts that are
necessary to the operation of the office of the inspector
general. The contracts may include, but are not limited to,
contracts for the services of persons who are experts in a
particular field and whose expertise is necessary to the
successful completion of an investigation.
Not later than the first day of March in each year, the
inspector general shall publish an annual report summarizing the
activities of the inspector general's office during the
previous calendar year. The
annual report shall not disclose the results of any investigation
insofar as the results are designated as confidential under
section 121.44 of the Revised Code.
The inspector general shall provide copies of the inspector
general's annual
report to the governor and the general assembly. The inspector
general also shall provide a copy of the annual report to
any
other person who requests the copy and pays a fee prescribed by
the inspector general. The fee shall not exceed the cost of
reproducing and delivering the annual report.
Sec. 122.051. There is hereby created in the state treasury the international trade cooperative projects fund. The fund shall consist of moneys received from private and nonprofit organizations involved in cooperative agreements related to import/export and direct foreign investment activities and cash transfers from other state agencies or any state or local government to encourage, promote, and assist trade and commerce between this state and foreign nations, pursuant to section 122.05 and division (E) of section 122.04 of the Revised Code.
Sec. 122.071. There is hereby created in the state treasury the travel and tourism cooperative projects fund consisting of all grants, gifts, and contributions made to the director of development for marketing and promotion of travel and tourism within this state pursuant to division (F) of section 122.04 and section 122.07 of the Revised Code.
Sec. 122.076. There is hereby created in the state treasury the energy projects fund consisting of nonfederal revenue that is remitted to the director of development for the purpose of energy projects. Money in the fund shall be used by the department of development for energy projects and to pay the costs incurred in administering the energy projects.
Sec. 122.17. (A) As used in this section:
(1) "Full-time employee" means an individual who is
employed for consideration for at least an average of thirty-five hours a week
or, who renders any other standard of service generally accepted
by custom or specified by contract as full-time employment, or who is employed for consideration for such time or renders such service but is on family or medical leave under the federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3, 107 Stat. 6, as amended, or on active duty reserve or Ohio national guard service.
(2) "New employee" means one of the following:
(a) A full-time employee first employed by a taxpayer in
the project that is the subject of the agreement after the
taxpayer enters into a tax credit agreement with the tax credit
authority under this section;
(b) A full-time employee first employed by a taxpayer in
the project that is the subject of the tax credit after the tax
credit authority approves a project for a tax credit under this
section in a public meeting, as long as the taxpayer enters into
the tax credit agreement prepared by the department of
development after such meeting within sixty days after receiving
the agreement from the department. If the taxpayer fails to
enter into the agreement within sixty days, "new employee" has
the same meaning as under division (A)(2)(a) of this section. A full-time employee may be considered a "new employee" of a taxpayer, despite previously having been employed by a related member of the taxpayer, if all of the following apply:
(i) The related member is a party to the tax credit agreement at the time the employee is first employed with the taxpayer;
(ii) The related member will remain subject to the tax imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied under Chapter 5751. of the Revised Code for the remainder of the term of the tax credit, and the tax credit is taken against liability for that same tax through the remainder of the term of the tax credit; and
(iii) The employee was considered a new employee of the related member prior to employment with the taxpayer.
Under division (A)(2)(a) or (b) of this section, if the tax
credit authority determines it appropriate, "new employee" also
may include an employee re-hired or called back from lay-off to
work in a new facility or on a new product or service established
or produced by the taxpayer after entering into the agreement
under this section or after the tax credit authority approves the
tax credit in a public meeting. Except as otherwise provided in this paragraph, "new employee" does not include
any employee of the taxpayer who was previously employed in this
state by a related member of the taxpayer and whose employment
was shifted to the taxpayer after the taxpayer entered into the
tax credit agreement or after the tax credit authority approved
the credit in a public meeting, or any employee of the taxpayer
for which the taxpayer has been granted a certificate under
division (B) of section 5709.66 of the Revised Code.
However, if the taxpayer is engaged in the enrichment and commercialization of uranium or uranium products or is engaged in research and development activities related thereto and if the tax credit authority determines it appropriate, "new employee" may include an employee of the taxpayer who was previously employed in this state by a related member of the taxpayer and whose employment was shifted to the taxpayer after the taxpayer entered into the tax credit agreement or after the tax credit authority approved the credit in a public meeting. "New employee" does not include an employee of the
taxpayer who is employed in an employment position that
was
relocated to a project from other operations of the taxpayer in
this state or from operations of a related member of the
taxpayer in this state.
In
addition, "new employee" does not include a child, grandchild,
parent, or spouse, other than a spouse who is legally separated
from the individual, of any individual who is an employee of the
taxpayer and who has a direct or indirect ownership interest of
at least five per cent in the profits, capital, or value of the
taxpayer. Such ownership interest shall be determined in
accordance with section 1563 of the Internal Revenue Code and
regulations prescribed thereunder.
(3) "New income tax revenue" means the total amount
withheld under section 5747.06 of the Revised Code by the
taxpayer during the taxable year, or during the calendar year that includes the tax period, from the compensation of new
employees for the tax levied under Chapter 5747. of the Revised
Code.
(4) "Related member" has the same meaning as under
division (A)(6) of section 5733.042 of the Revised Code without
regard to division (B) of that section.
(B) The tax credit authority may make grants under this
section to foster job creation in this state. Such a grant shall
take the form of a refundable credit allowed against the tax
imposed by section 5725.18, 5729.03, 5733.06, or
5747.02 or levied under Chapter 5751. of the Revised Code. The
credit shall be claimed for the taxable years or tax periods specified in the
taxpayer's agreement with the tax credit authority under division
(D) of this section. With respect to taxes imposed under section 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the credit shall be claimed in the order required under section 5733.98, 5747.98, or 5751.98
of the Revised Code. The amount of the credit available for a taxable year or for a calendar year that includes a tax period equals the new
income tax revenue for that year multiplied by the
percentage specified in the agreement with the tax credit
authority. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.
(C) A taxpayer or potential taxpayer who proposes a
project to create new jobs in this state may apply to the tax
credit authority to enter into an agreement for a tax credit
under this section. The director of development
shall prescribe
the form of the application. After receipt of an application,
the authority may enter into an agreement with the taxpayer for a
credit under this section if it determines all of the following:
(1) The taxpayer's project will create new jobs in this
state;
(2) The taxpayer's project is economically sound and will
benefit the people of this state by increasing opportunities for
employment and strengthening the economy of this state;
(3) Receiving the tax credit is a major factor in the
taxpayer's decision to go forward with the project.
(D) An agreement under this section shall include all of
the following:
(1) A detailed description of the project that is the
subject of the agreement;
(2) The term of the tax credit, which shall not exceed fifteen
years, and the first taxable year, or first calendar year that includes a tax period, for which the credit may be
claimed;
(3) A requirement that the taxpayer shall maintain
operations at the project location for at least twice the number
of years as the term of the tax credit;
(4) The percentage, as determined by the tax credit
authority, of new income tax revenue that will be allowed as the
amount of the credit for each taxable year or for each calendar year that includes a tax period;
(5) A specific method for determining how many new
employees are employed during a taxable year or during a calendar year that includes a tax period;
(6) A requirement that the taxpayer annually shall report
to the director of development the number of new
employees, the
new income tax revenue withheld in connection with the new
employees, and any other information the director needs to
perform the director's duties under this section;
(7) A requirement that the director of
development
annually shall verify the amounts reported under division (D)(6)
of this section, and after doing so shall issue a certificate to
the taxpayer stating that the amounts have been verified;
(8)(a) A provision requiring that the
taxpayer, except as otherwise provided in division
(D)(8)(b) of this section,
shall not relocate employment positions from elsewhere in this state to the
project site that
is the subject of the agreement for the lesser of five years from the date the
agreement is entered into or the number of years the
taxpayer is entitled to claim the tax credit.
(b) The taxpayer may relocate employment positions from elsewhere
in
this state to the project site that is the subject of the agreement if the
director of development determines both of the
following:
(i) That the site from which the employment positions would be
relocated
is inadequate to meet market and industry conditions, expansion plans,
consolidation plans, or other business considerations affecting the
taxpayer;
(ii) That the legislative authority of the county,
township, or municipal corporation from which the employment positions would
be relocated has
been notified of the relocation.
For purposes of this section, the movement of an
employment position from one political subdivision to another
political subdivision shall be considered a relocation of an
employment position, but the transfer of an individual employee
from one political subdivision to another political subdivision
shall not be considered a relocation of an employment position
as long as the individual's employment position in the first
political subdivision is refilled.
(E) If a taxpayer fails to meet or comply with any
condition or requirement set forth in a tax credit agreement, the
tax credit authority may amend the agreement to reduce the
percentage or term of the tax credit. The reduction of the
percentage or term shall take effect (1) in the taxable year
immediately following the taxable year in which the authority
amends the agreement or the director of development notifies the taxpayer in writing of such failure, or (2) in the first tax period beginning in the calendar year immediately following the calendar year in which the authority amends the agreement or the director notifies the taxpayer in writing of such failure. If the taxpayer fails to annually report any of the information required by division (D)(6) of this section within the time required by the director, the reduction of the percentage or term may take effect in the current taxable year.
If the taxpayer relocates employment positions in violation of the
provision required
under division (D)(8)(a)
of this section, the taxpayer shall not claim the tax credit under section
5733.0610 of the Revised Code for any tax years
following the calendar year in which the relocation occurs, or shall not claim
the tax credit under
section 5725.32, 5729.032, or 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for any tax period in the calendar year in which the relocation occurs and any subsequent tax periods.
(F) Projects that consist solely of
point-of-final-purchase retail facilities are not eligible for a
tax credit under this section. If a project consists of both
point-of-final-purchase retail facilities and nonretail
facilities, only the portion of the project consisting of the
nonretail facilities is eligible for a tax credit and only the
new income tax revenue from new employees of the nonretail
facilities shall be considered when computing the amount of the
tax credit. If a warehouse facility is part of a
point-of-final-purchase retail facility and supplies only that
facility, the warehouse facility is not eligible for a tax
credit. Catalog distribution centers are not considered
point-of-final-purchase retail facilities for the purposes of
this division, and are eligible for tax credits under this
section.
(G) Financial statements and other information submitted
to the department of development or the tax
credit authority by
an applicant or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the
authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner or, if the applicant or recipient is an insurance company, upon the request of the superintendent of insurance, the chairperson of the
authority
shall provide to the commissioner or superintendent any statement or information
submitted by an applicant or recipient of a tax credit in
connection with the credit. The commissioner or superintendent shall preserve the
confidentiality of the statement or information.
(H) A taxpayer claiming a credit under this section shall
submit to the tax commissioner or, if the taxpayer is an insurance company, to the superintendent of insurance, a copy of the director of
development's certificate of verification under division (D)(7)
of this section with the taxpayer's tax report or return for the taxable year or for the calendar year that includes the tax period. Failure to submit
a copy of the certificate with the report or return does not invalidate a claim for a
credit if the taxpayer submits a copy of the certificate to the commissioner or superintendent within sixty days after the commissioner or superintendent requests it.
(I) The director of development, after
consultation with
the tax commissioner and the superintendent of insurance and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. The fees collected shall be credited to the tax incentive programs operating fund created in section 122.174 of the Revised Code. At the time the director
gives public
notice under division (A) of section 119.03 of the Revised Code
of the adoption of the rules, the director shall submit copies of
the proposed rules to the chairpersons of the standing
committees on
economic development in the senate and the house of
representatives.
(J) For the purposes of this section, a taxpayer may
include a partnership, a corporation that has made an election
under subchapter S of chapter one of subtitle A of the Internal
Revenue Code, or any other business entity through which income
flows as a distributive share to its owners. A credit received
under this section by a partnership, S-corporation, or other such
business entity shall be apportioned among may elect to pass the credit received under this section through to the persons to whom
the income or profit of the partnership, S-corporation, or other
entity is distributed,. The election shall be made on the annual report required under division (D)(6) of this section. The election applies to and is irrevocable for the credit for which the report is submitted. If the election is made, the credit shall be apportioned among those persons in the same proportions as those in which
the income or profit is distributed.
(K) If the director of development determines
that a
taxpayer who has received a credit under this section is not
complying with the requirement under division (D)(3) of this
section, the director shall notify the tax credit authority
of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the tax
credit authority may require the taxpayer to refund to this state
a portion of the credit in accordance with the following:
(1) If the taxpayer maintained operations at the project
location for at least one and one-half times the number of years
of the term of the tax credit, an amount not exceeding
twenty-five per cent of the sum of any previously allowed credits
under this section;
(2) If the taxpayer maintained operations at the project
location for at least the number of years of the term of the tax
credit, an amount not exceeding fifty per cent of the sum of any
previously allowed credits under this section;
(3) If the taxpayer maintained operations at the project
location for less than the number of years of the term of the tax
credit, an amount not exceeding one hundred per cent of the sum
of any previously allowed credits under this section.
In determining the portion of the tax credit to be refunded
to this state, the tax credit authority shall consider the effect
of market conditions on the taxpayer's project and whether the
taxpayer continues to maintain other operations in this state.
After making the determination, the authority shall certify the
amount to be refunded to the tax commissioner or superintendent of insurance, as appropriate. If the amount is certified to the commissioner, the commissioner
shall make an assessment for that amount against the taxpayer
under Chapter 5733., 5747., or 5751. of the Revised Code. If the amount is certified to the superintendent, the superintendent shall make an assessment for that amount against the taxpayer under Chapter 5725. or 5729. of the Revised Code. The time
limitations on assessments under those chapters do not apply to an assessment under this division,
but the commissioner or superintendent, as appropriate, shall make the assessment within one year
after the date the authority certifies to the commissioner or superintendent
the amount to be
refunded.
(L) On or before the thirty-first day of March each year,
the director of development shall submit a
report to the
governor, the president of the senate, and the speaker of the
house of representatives on the tax credit program under this
section. The report shall include information on the number of
agreements that were entered into under this section during the
preceding calendar year, a description of the project that is the
subject of each such agreement, and an update on the status of
projects under agreements entered into before the preceding
calendar year.
(M) There is hereby created the tax credit authority,
which consists of the director of development
and four other
members appointed as follows: the governor, the president of the
senate, and the speaker of the house of representatives each
shall appoint one member who shall be a specialist in economic
development; the governor also shall appoint a member who is a
specialist in taxation. Of the initial appointees, the members
appointed by the governor shall serve a term of two years; the
members appointed by the president of the senate and the speaker
of the house of representatives shall serve a term of four years.
Thereafter, terms of office shall be for four years. Initial
appointments to the authority shall be made within thirty days
after January 13,
1993. Each
member shall serve on the authority until the end of the term for
which the member was appointed. Vacancies shall be filled in
the same
manner provided for original appointments. Any member appointed
to fill a vacancy occurring prior to the expiration of the term
for which the member's predecessor was appointed shall hold
office for the
remainder of that term. Members may be reappointed to the
authority. Members of the authority shall receive their
necessary and actual expenses while engaged in the business of
the authority. The director of development
shall serve as
chairperson of the authority, and the members annually
shall elect a
vice-chairperson from among themselves. Three
members of the
authority constitute a quorum to transact and vote on the
business of the authority. The majority vote of the membership
of the authority is necessary to approve any such business,
including the election of the vice-chairperson.
The director of development may appoint a
professional employee of the department of
development to serve as the director's substitute at a meeting of the
authority. The director shall
make the appointment in writing. In the absence of the director
from a meeting of the authority, the appointed substitute shall
serve as chairperson. In the absence of both the
director and the director's
substitute from a meeting, the vice-chairperson
shall serve as
chairperson.
(N) For purposes of the credits granted by this section against the taxes imposed under sections 5725.18 and 5729.03 of the Revised Code, "taxable year" means the period covered by the taxpayer's annual statement to the superintendent of insurance.
Sec. 122.171. (A) As used in this section:
(1) "Capital investment project" means a plan of investment
at a project site for the acquisition, construction, renovation,
or repair of
buildings, machinery, or equipment,
or for
capitalized costs of basic research and new product development
determined in accordance with generally accepted accounting
principles, but does not
include
any of the following:
(a) Payments made for the acquisition of personal property
through
operating leases;
(b) Project costs paid before January 1, 2002;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code or to an elected consolidated taxpayer or a combined taxpayer as defined in section 5751.01 of the Revised Code.
(2) "Eligible business" means a business with Ohio
operations
satisfying all of the following:
(a) Employed an average of at least one thousand employees
in full-time employment positions at a project site during each of
the
twelve months preceding the application for a tax credit under
this section; and
(b) On or after January 1, 2002, has made or has caused to be made payments for the
capital investment project, including payments made by an unrelated third party entity as a result of a lease of not less than twenty years in term, of
either of the following:
(i) At least two hundred million dollars in the aggregate
at the project
site during a period of three consecutive calendar
years
including the calendar year that includes a day of the
taxpayer's taxable year or tax period with respect to which the credit is
granted;
(ii) If the average wage of all full-time employment positions at the
project site is greater than four hundred per cent of the federal
minimum wage, at least one hundred million dollars in the aggregate at the project
site during a period of three consecutive calendar years including
the calendar year that includes a day of the taxpayer's taxable
year or tax period with respect to which the credit is granted.
(c)
Is engaged at the project site primarily as a
manufacturer or is providing significant corporate administrative
functions;. If the investment under division (A)(2)(b) of this section was made by a third party entity as a result of a lease of not less than twenty years in term, the project must include headquarters operations that are part of a mixed use development that includes at least two of the following: office, hotel, research and development, or retail facilities.
(d) Has had a capital investment project reviewed and
approved by the tax credit
authority as provided in divisions (C),
(D), and (E) of this
section.
(3) "Full-time employment position" means a position of
employment for consideration for at least an average of thirty-five hours a
week that has been
filled for at least
one hundred eighty days immediately preceding
the filing of an
application under this section and for at least
one hundred eighty days during each taxable year or each calendar year that includes a tax period with respect to
which the credit is
granted, or is employed in such position for consideration for such time, but is on active duty reserve or Ohio national guard service.
(4)
"Manufacturer" has the same meaning as in section
5739.011 of the Revised Code.
(5) "Project site" means an integrated complex
of facilities
in this state, as specified
by the tax credit authority under this
section, within a
fifteen-mile radius where a taxpayer
is primarily operating as an eligible business.
(6) "Applicable corporation" means a corporation satisfying all of the following:
(a)(i) For the entire taxable year immediately preceding the tax year, the corporation develops software applications primarily to provide telecommunication billing and information services through outsourcing or licensing to domestic or international customers.
(ii) Sales and licensing of software generated at least six hundred million dollars in revenue during the taxable year immediately preceding the tax year the corporation is first entitled to claim the credit provided under division (B) of this section.
(b) For the entire taxable year immediately preceding the tax year, the corporation or one or more of its related members provides customer or employee care and technical support for clients through one or more contact centers within this state, and the corporation and its related members together have a daily average, based on a three-hundred-sixty-five-day year, of at least five hundred thousand successful customer contacts through one or more of their contact centers, wherever located.
(c) The corporation is eligible for the credit under division (B) of this section for the tax year.
(7) "Related member" has the same meaning as in section 5733.042 of the Revised Code as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, September 29, 1997.
(8) "Successful customer contact" means a contact with an end user via telephone, including interactive voice recognition or similar means, where the contact culminates in a conversation or connection other than a busy signal or equipment busy.
(9) "Telecommunications" means all forms of telecommunications service as defined in section 5739.01 of the Revised Code, and includes services in wireless, wireline, cable, broadband, internet protocol, and satellite.
(10)(a) "Applicable difference" means the difference between the tax for the tax year under Chapter 5733. of the Revised Code applying the law in effect for that tax year, and the tax for that tax year if section 5733.042 of the Revised Code applied as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, September 29, 1997, subject to division (A)(10)(b) of this section.
(b) If the tax rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year is less than eight and one-half per cent, the tax calculated under division (A)(10)(a) of this section shall be computed by substituting a tax rate of eight and one-half per cent for the rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year.
(c) If the resulting difference is negative, the applicable tax difference for the tax year shall be zero.
(B) The tax credit authority created under section 122.17 of
the Revised Code may grant tax credits under this section for the
purpose of fostering job retention in this state. Upon
application by an eligible business and upon consideration of the
recommendation of the director of budget and management, tax
commissioner, and director of development under division (C) of
this section, the tax credit authority may grant to an eligible
business a nonrefundable credit against the tax imposed by section
5733.06 or 5747.02 of the Revised Code for a period up to fifteen
taxable years and against the tax levied by Chapter 5751. of the Revised Code for a period of up to fifteen calendar years provided, however, that if the project site is leased, the term of the tax credit cannot exceed the lesser of fifteen years or one-half the term of the lease, including any permitted renewal periods. The credit shall be in an
amount not exceeding
seventy-five per cent of the Ohio income tax withheld
from the
employees of the eligible business occupying full-time employment
positions at the
project site during the calendar year that
includes the last day of such business' taxable year or tax period
with respect
to which the
credit is granted. The amount of the credit shall
not be based on
the Ohio income tax withheld from full-time
employees for a
calendar year prior to the calendar year in which
the
minimum investment
requirement
referred to in
division
(A)(2)(b) of this section is completed.
The
credit shall
be
claimed only for the taxable years or tax periods specified
in the
eligible
business' agreement with the tax credit authority
under division
(E) of this section, but in no event shall the
credit be claimed
for a taxable year or tax period terminating before the date
specified in the
agreement. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.
The credit computed under this division is in addition to any credit allowed under division (M) of this section which the tax credit authority may also include in the agreement.
Any unused portion of a tax credit may be carried forward
for
not more than three additional years after the year for which
the
credit is granted.
(C) A taxpayer
that proposes a capital investment
project to
retain jobs in this state may apply to the tax credit
authority to
enter into an agreement for a tax credit under this
section. The
director of development shall prescribe the form of
the
application. After receipt of an application, the authority
shall
forward copies of the application to the director of budget
and
management, the tax commissioner, and the director of
development,
each of whom shall review the application to
determine the
economic impact the proposed project would have on
the state and
the affected political subdivisions and shall submit
a summary of
their determinations and recommendations to the
authority.
(D) Upon review of the determinations and recommendations
described in division (C) of this section, the tax credit
authority may enter into an agreement with the taxpayer for a
credit under this section if
the authority determines all of
the following:
(1) The taxpayer's capital investment project will result in
the retention of full-time employment positions in this state.
(2) The taxpayer is economically sound and has the ability
to complete the proposed capital investment project.
(3) The taxpayer intends to and has the ability to maintain
operations at the project site for at least twice the term of the
credit.
(4) Receiving the credit is a major factor in the taxpayer's
decision to begin, continue with, or complete the project.
(5) The political subdivisions in which the project is
located have agreed to provide substantial financial support to
the project.
(E) An agreement under this section shall include all of the
following:
(1) A detailed description of the project that is the
subject of the agreement, including the amount of the investment,
the period over which the investment has been or is being made,
and the number of full-time employment positions at the project
site.
(2) The method of calculating the number of full-time
employment positions as specified in division (A)(3) of this
section.
(3) The term and percentage of the tax credit,
and the
first
year for which the credit may be claimed.
(4) A requirement that the taxpayer maintain
operations at
the project site for at least twice the number
of years as the
term of the credit.
(5) A requirement that the taxpayer retain a specified
number of full-time employment positions at the project site and
within this state for the term of the credit, including a
requirement that the taxpayer continue to employ at least one
thousand employees in full-time employment positions at the
project
site during the entire term of any agreement, subject to
division (E)(7)
of this section.
(6) A requirement that the taxpayer annually report to the
director of development the number of full-time employment
positions subject to the credit, the amount of tax withheld from
employees in those positions, the amount of the payments made for
the capital investment project, and any other information the
director needs to perform the director's duties under this
section.
(7) A requirement that the director of development annually
review the annual reports of the taxpayer to verify the
information reported under division (E)(6) of this section and
compliance with the agreement. Upon verification, the director
shall issue a certificate to the taxpayer stating that the
information has been verified and identifying the amount of the
credit for the taxable year. Unless otherwise specified by the tax credit authority in a resolution and included as part of the agreement, the director shall not issue a
certificate for any year in which the total number of filled
full-time employment positions for each day of the calendar year
divided by three hundred sixty-five is less than ninety per cent
of the full-time employment positions specified in division (E)(5)
of this section. In determining the number of full-time
employment positions, no position shall be counted that is filled
by an employee who is included in the calculation of a tax credit
under section 122.17 of the Revised Code.
(8)(a) A provision requiring that the taxpayer, except as
otherwise provided in division (E)(8)(b) of this section, shall
not relocate employment positions from elsewhere in this state to
the project site that is the subject of the agreement for the
lesser of five years from the date the agreement is entered into
or the number of years the taxpayer is entitled to claim the
credit.
(b) The taxpayer may relocate employment positions from
elsewhere in this state to the project site that is the subject of
the agreement if the director of development determines both of
the following:
(i) That the site from which the employment positions would
be relocated is inadequate to meet market and industry conditions,
expansion plans, consolidation plans, or other business
considerations affecting the taxpayer;
(ii) That the legislative authority of the county, township,
or municipal corporation from which the employment positions would
be relocated has been notified of the relocation.
For purposes of
this section, the movement of an employment
position from one
political subdivision to another political
subdivision shall be
considered a relocation of an employment
position unless the movement is confined to the project site.
The
transfer of an individual employee from one
political
subdivision
to another political subdivision shall not
be
considered a
relocation of an employment position as long as
the
individual's
employment position in the first political
subdivision is
refilled.
(9) A waiver by the taxpayer of any limitations periods
relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.
(F) If a taxpayer fails to meet or comply with any condition
or requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term
of the credit. The reduction of the percentage or term shall take
effect (1) in the taxable year immediately following the taxable year
in which the authority amends the agreement or the director of development notifies the taxpayer in writing of such failure, or (2) in the first tax period beginning in the calendar year immediately following the calendar year in which the authority amends the agreement or the director notifies the taxpayer in writing of such failure. If the taxpayer fails to annually report any of the information required by division (E)(6) of this section within the time required by the director, the reduction of the percentage or term may take effect in the current taxable year. If the taxpayer
relocates employment positions in violation of the provision
required under division (D)(8)(a) of this section, the taxpayer
shall not claim the tax credit under section 5733.0610 of the
Revised Code for any tax years following the calendar year in
which the relocation occurs, shall not claim the tax credit
under section 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for the tax period in which the relocation occurs and any subsequent tax periods.
(G) Financial statements and other information submitted to
the department of development or the tax credit authority by an
applicant for or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the authority
shall provide to the commissioner any statement or other
information submitted by an applicant for or recipient of a tax
credit in connection with the credit. The commissioner shall
preserve the confidentiality of the statement or other
information.
(H) A taxpayer claiming a tax credit under this section
shall submit to the tax commissioner a copy of the director of
development's certificate of verification under division (E)(7) of
this section with the taxpayer's tax report or return for the taxable year or for the calendar year that includes the tax period. Failure to submit a
copy of the certificate with the report or return does not invalidate a claim for a credit if the taxpayer submits a copy of the certificate to the commissioner within sixty days after the commissioner requests it.
(I) For the purposes of this section, a taxpayer may include
a partnership, a corporation that has made an election under
subchapter S of chapter one of subtitle A of the Internal Revenue
Code, or any other business entity through which income flows as a
distributive share to its owners. A tax credit received under
this section by a partnership, S-corporation, or other such
business entity shall be apportioned among may elect to pass the credit received under this section through to the persons to whom the
income or profit of the partnership, S-corporation, or other
entity is distributed,. The election shall be made on the annual report required under division (E)(6) of this section. The election applies to and is irrevocable for the credit for which the report is submitted. If the election is made, the credit shall be apportioned among those persons in the same proportions as those in which
the income or profit is distributed.
(J) If the director of development determines that a
taxpayer
that received a tax credit under this section is
not
complying with the requirement under division (E)(4) of this
section, the
director shall notify the tax credit authority of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the
authority may terminate the agreement and require the taxpayer to
refund to the state all or a portion of the credit claimed in
previous years, as follows:
(1) If the taxpayer maintained operations at the project
site for less than the term of the credit, the amount required to
be refunded shall not exceed the amount of any tax credits
previously allowed and received under this section.
(2) If the taxpayer maintained operations at the project
site longer than the term of the credit but less than one and
one-half times the term of the credit, the amount required to be
refunded shall not exceed fifty per cent of the sum of any tax
credits previously allowed and received under this section.
(3) If the taxpayer maintained operations at the project
site for at least one and one-half times the term of the credit
but less than twice the term of the credit, the amount required to
be refunded shall not exceed twenty-five per cent of the sum of
any tax credits previously allowed and received under this
section.
In determining the portion of the credit to be refunded to
this state, the authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After
making the determination, the authority shall certify the amount
to be refunded to the tax commissioner. The commissioner shall
make an assessment for that amount against the taxpayer under
Chapter 5733., 5747., or 5751. of the Revised Code. The time limitations
on assessments under those chapters do
not apply to an assessment under this division, but the
commissioner shall make the assessment within one year after the
date the authority certifies to the commissioner the amount to be
refunded.
If the director of development determines that a taxpayer
that received a tax credit under this section has reduced the
number of employees agreed to under division (E)(5) of this
section by more than ten per cent, the director shall notify the
tax credit authority of the noncompliance. After receiving such
notice, and after providing the taxpayer an opportunity to explain
the noncompliance, the authority may amend the agreement to reduce
the percentage or term of the tax credit. The reduction in the
percentage or term shall take effect in the taxable year, or in the calendar year that includes the tax period, in which
the authority amends the agreement.
(K) The director of development, after consultation with the
tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. The fees collected shall be credited to the tax incentive programs operating fund created in section 122.174 of the Revised Code. At the time the director gives
public notice under division (A) of section 119.03 of the Revised
Code of the adoption of the rules, the director shall submit
copies of the proposed rules to the chairpersons of the standing
committees on economic development in the senate and the house of
representatives.
(L) On or before the thirty-first day of March of each year,
the director of development shall submit a report to the governor,
the president of the senate, and the speaker of the house of
representatives on the tax credit program under this section. The
report shall include information on the number of agreements that
were entered into under this section during the preceding calendar
year, a description of the project that is the subject of each
such agreement, and an update on the status of projects under
agreements entered into before the preceding calendar year.
(M)(1) A nonrefundable credit shall be allowed to an applicable corporation and its related members in an amount equal to the applicable difference. The credit is in addition to the credit granted to the corporation or related members under division (B) of this section. The credit is subject to divisions (B) to (E) and division (J) of this section.
(2) A person qualifying as an applicable corporation under this section for a tax year does not necessarily qualify as an applicable corporation for any other tax year. No person is entitled to the credit allowed under division (M) of this section for the tax year immediately following the taxable year during which the person fails to meet the requirements in divisions (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled to the credit allowed under division (M) of this section for any tax year for which the person is not eligible for the credit provided under division (B) of this section.
Sec. 122.174. There is hereby created in the state treasury the tax incentive programs operating fund. Money collected pursuant to division (I) of section 121.17, division (K) of section 122.171, division (C) of section 3735.672, and division (C) of section 5709.68 of the Revised Code shall be credited to the fund. The director of development shall use money in the fund to pay expenses related to the administration of the tax credit programs authorized by sections 122.17, 122.171, 3735.672, and 5709.68 of the Revised Code.
Sec. 122.602.
(A)
There is hereby created in the
department
of
development the capital access loan program to assist
participating financial
institutions in making program loans
to
eligible businesses that face barriers in accessing working
capital and obtaining fixed asset financing. In administering the
program, the
director of development may do any of the following:
(1) Receive and accept grants, gifts, and contributions of
money,
property, labor, and other things of value to be held,
used, and
applied only for the purpose for which the grants,
gifts,
and
contributions are made, from individuals, private and
public
corporations, the United States or any agency of the
United
States, the state or any agency of the state, or any
political
subdivision of the state;
(2) Agree to repay any
contribution of money
or return any
property contributed or the
value of that property
at the times,
in the amounts, and on the
terms and conditions,
excluding the
payment of interest, that the
director consents to
at the time a
contribution is made; and
evidence obligations by
notes, bonds, or
other written
instruments;
(3) Adopt rules under Chapter 119. of the Revised Code to
carry out the
purposes of the
program specified in sections 122.60
to 122.605 of the Revised Code;
(4) Engage in all other acts, and enter into contracts and
execute
all instruments, necessary or appropriate to carry out the
purposes
specified in sections 122.60 to 122.605 of the Revised
Code.
(B) The director shall determine the eligibility of a
financial
institution to participate in the program and may set a
limit on
the number of financial institutions that may participate
in the
program.
(C) To be considered eligible by the director to participate
in
the
program, a financial institution shall enter into a
participation agreement
with the department that sets out the
terms and
conditions under which the department will deposit
moneys from the
fund into the financial institution's program
reserve account,
specifies the criteria for loan qualification
under the program, and contains
any
additional terms the director
considers necessary.
(D) After receiving the certification required under
division
(C) of section 122.603 of the Revised Code, the director
may disburse moneys from
the fund to a
participating financial
institution for deposit in its program reserve account
if the
director
determines that the capital access loan involved meets
all of the following
criteria:
(1) It will be made to an eligible business.
(2) It will be used by the eligible business for a project,
activity, or enterprise that fosters economic
development.
(3) It will not be made in order to enroll in the program
prior
debt that is not covered under the program and that is owed
or was
previously owed by an eligible business to the financial
institution.
(4) It will not be utilized for a project or development
related
to the on-site construction or purchase of residential
housing.
(5) It will not be used to finance passive real estate
ownership.
(6) It conforms to the requirements of divisions (E),
(F),
(G),
(H), and (I) of this section, and to the rules adopted by
the
director under division (A)(3) of this section.
(E) The director shall not approve a capital access loan to
an
eligible business
that exceeds two hundred fifty thousand
dollars for working capital or five
hundred thousand dollars for
the purchase of
fixed assets. An
eligible business may apply for
the maximum
amount of both working
capital and the purchase of
fixed assets in the same
capital access loan.
(F) A financial institution may apply to the director for
the
approval of a capital access loan to any business that is
owned or
operated by a person that has previously defaulted under
any state
financial assistance program.
(G) Eligible businesses that apply for a capital access loan
shall comply with section 9.66 of the Revised Code.
(H) A financial institution may apply to the director for
the
approval of a capital access loan that refinances a nonprogram
loan made by
another financial institution.
(I) The director shall not approve a capital access loan
that
refinances a
nonprogram loan made by the same financial
institution, unless the amount of
the refinanced loan exceeds the
existing debt, in
which case only the amount exceeding the
existing debt is eligible
for a loan under the program.
(J) The director shall not approve any capital access loan
made after June 30, 2007, or enter into a participation agreement
with any financial institution after that date.
Sec. 122.652. (A)(1) An applicant seeking a grant or loan for
a
brownfield cleanup or remediation project from the clean Ohio
revitalization fund created in section 122.658 of the Revised Code
shall request an application form from the appropriate integrating
committee with geographical jurisdiction over the project for
which a grant or loan is sought. The applicant shall complete the
application and include all of the information required by
sections 122.65 to 122.658 of the Revised Code and policies and
requirements established
under section 122.657 of the Revised
Code.
(2) In addition to the information that is required to be
included in the application under division (A)(1) of this section,
an applicant shall include an affidavit signed by the authorized
representative of the applicant certifying that the applicant did
not cause or contribute to the release of hazardous substances or
petroleum at the brownfield that is the subject of the
application.
No person shall submit a false affidavit under division
(A)(2) of this section.
(3) After completion of the application, but prior to the
submission of the application to the integrating committee under
division (B) of this section, the applicant shall conduct a public
meeting concerning the application and the proposed cleanup or
remediation. Not later than forty-five
days prior to conducting
the public meeting, the applicant shall
provide notice of the
date, time, and location of the public meeting in a
newspaper of
general circulation in the county in which the
property that is
the subject of the application is located. In
addition, not later
than forty-five days prior to the hearing, the
applicant shall
post notice of the date, time, and location of the public
meeting
at the property on a sign that measures not less
than four feet
by
four
feet or, if the political subdivision in which the sign is
to
be
posted prohibits a sign of that size, the maximum size of
sign
permitted by that political subdivision.
In addition, not later than forty-five days prior to the
public meeting, the applicant shall provide a copy of the
application to a public library in the vicinity of the property
for public review. The submission of the application and the
location of the public library shall be included in the notice
required under this division. The general public may submit
comments to the applicant concerning the application prior to and
at the public meeting.
(B) An applicant shall submit a completed application, all
required information, and an application summary to the
appropriate integrating committee.
Based on a review of the
application summaries submitted to it, an integrating committee
or, if required under division (C) of this section, the executive
committee of the integrating
committee
shall prioritize all
applications in accordance with
criteria and
procedures
established pursuant to section 122.657 of
the Revised
Code. The
integrating committee shall choose not more
than six
applications
annually that it determines merit funding and shall
forward
those
applications and all accompanying information to the
clean
Ohio
council. In prioritizing and choosing applications under
this
division, an integrating committee or, if required under division
(C) of this section, the
executive committee of the integrating
committee shall consult
with local
and regional economic
development agencies or
resources, community
development agencies
or organizations, local
business
organizations, and other
appropriate entities located or
operating
in the geographic
jurisdiction of the integrating
committee.
Notwithstanding this division or division (C) of this section, if an integrating committee receives only one application in any given year, the chair of the integrating committee or, if required under division (C) of this section, the chair of the executive committee of the integrating committee may forward that application to the clean Ohio council as the district's top priority project for that year without a vote of the full integrating committee or executive committee, as applicable.
(C) For purposes of division (B) of this section, all
decisions of an integrating committee that is required to be
organized in accordance with division (A)(5) or (6) of section
164.04 of the Revised Code shall be approved by its executive
committee that is required to be established under division (A)(7)
or (8) of that section. The affirmative vote of at least seven
members of an executive committee established under division
(A)(7) of section 164.04 of the Revised Code, or of at least nine
members of an executive committee established under division
(A)(8) of that section, is required for any action taken by an
executive committee for purposes of division (B) of this section.
A decision of an executive committee may be rejected by a vote of
at least two-thirds of the full membership of the applicable
integrating committee not later than thirty days after the
executive committee action. If an executive committee is required
under this division to prioritize applications under division (B)
of this section, only applications that are approved by the
executive committee may be submitted to the clean Ohio council for
purposes of sections 122.65 to 122.659 of the Revised Code.
(D)
The clean Ohio council shall supply application forms to
each integrating committee.
Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) and (3) of this section, each exempt employee shall be paid a salary or wage in accordance with schedule E-1 or schedule E-2 of division (B), (C), or (D) of this section, as applicable.
(2) Each exempt employee who holds a position in the unclassified civil service pursuant to division (A)(26) or (30) of section 124.11 of the Revised Code may be paid a salary or wage in accordance with schedule E-1, schedule E-1 for step seven only, or schedule E-2 of division (B) or, (C), (D), (E), (F), or (G) of this section, as applicable.
(3)(a) Except as provided in division (A)(3)(b) of this section, each exempt employee who was paid a salary or wage at step 7 in the employee's pay range on June 28, 2003, in accordance with the applicable schedule E-1 of former section 124.152 of the Revised Code and who continued to be so paid on June 29, 2003, shall be paid a salary or wage in the corresponding pay range in schedule E-1 for step seven only of division (C)(E), (F), or (G) of this section, as applicable, for as long as the employee remains in the position the employee held as of July 1, 2003.
(b) Except as provided in division (A)(3)(c) of this section, if an exempt employee who is being paid a salary or wage in accordance with schedule E-1 for step seven only of division (C)(E), (F), or (G) of this section, as applicable, moves to another position, the employee shall not receive a salary or wage for that position or any other position in the future in accordance with that schedule.
(c) If an exempt employee who is being paid a salary or wage in accordance with schedule E-1 for step seven only of division (C)(E), (F), or (G) of this section, as applicable, moves to another position assigned to pay range 12 or above, the appointing authority has the discretion to may assign the employee to be paid a salary or wage in the appropriate pay range for that position in accordance with the applicable schedule E-1 for step seven only, provided that the appointing authority so notifies the director of administrative services in writing at the time the employee is appointed to that position.
(B) Beginning on the first day of the pay period that
includes July 1, 2006, each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall
be paid a salary or wage in accordance with the following schedule of
rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
|
Hourly |
9.40 |
9.82 |
10.24 |
10.68 |
|
|
|
|
|
Annually |
19552 |
20426 |
21299 |
22214 |
|
|
|
2 |
|
Hourly |
11.40 |
11.88 |
12.40 |
12.94 |
|
|
|
|
|
Annually |
23712 |
24710 |
25792 |
26915 |
|
|
|
3 |
|
Hourly |
11.94 |
12.48 |
13.03 |
13.60 |
|
|
|
|
|
Annually |
24835 |
25958 |
27102 |
28288 |
|
|
|
4 |
|
Hourly |
12.54 |
13.10 |
13.72 |
14.34 |
|
|
|
|
|
Annually |
26083 |
27248 |
28538 |
29827 |
|
|
|
5 |
|
Hourly |
13.15 |
13.75 |
14.34 |
14.97 |
|
|
|
|
|
Annually |
27352 |
28600 |
29827 |
31138 |
|
|
|
6 |
|
Hourly |
13.86 |
14.43 |
15.07 |
15.69 |
|
|
|
|
|
Annually |
28829 |
30014 |
31346 |
32635 |
|
|
|
7 |
|
Hourly |
14.72 |
15.27 |
15.88 |
16.44 |
17.08 |
|
|
|
|
Annually |
30618 |
31762 |
33030 |
34195 |
35526 |
|
|
8 |
|
Hourly |
15.56 |
16.24 |
16.95 |
17.71 |
18.46 |
|
|
|
|
Annually |
32365 |
33779 |
35256 |
36837 |
38397 |
|
|
9 |
|
Hourly |
16.60 |
17.46 |
18.32 |
19.23 |
20.21 |
|
|
|
|
Annually |
34528 |
36317 |
38106 |
39998 |
42037 |
|
|
10 |
|
Hourly |
17.91 |
18.89 |
19.90 |
21.05 |
22.18 |
|
|
|
|
Annually |
37253 |
39291 |
41392 |
43784 |
46134 |
|
|
11 |
|
Hourly |
19.50 |
20.64 |
21.84 |
23.06 |
24.38 |
|
|
|
|
Annually |
40560 |
42931 |
45427 |
47965 |
50710 |
|
|
12 |
|
Hourly |
21.51 |
22.72 |
23.94 |
25.27 |
26.68 |
28.13 |
|
|
|
Annually |
44741 |
47258 |
49795 |
52562 |
55494 |
58510 |
|
13 |
|
Hourly |
23.71 |
25.01 |
26.39 |
27.80 |
29.36 |
30.96 |
|
|
|
Annually |
49317 |
52021 |
54891 |
57824 |
61069 |
64397 |
|
14 |
|
Hourly |
26.08 |
27.55 |
29.03 |
30.62 |
32.35 |
34.15 |
|
|
|
Annually |
54246 |
57304 |
60382 |
63690 |
67288 |
71032 |
|
15 |
|
Hourly |
28.64 |
30.25 |
31.96 |
33.72 |
35.59 |
37.55 |
|
|
|
Annually |
59571 |
62920 |
66477 |
70138 |
74027 |
78104 |
|
16 |
|
Hourly |
31.58 |
33.33 |
35.17 |
37.14 |
39.19 |
41.43 |
|
|
|
Annually |
65686 |
69326 |
73154 |
77251 |
81515 |
86174 |
|
17 |
|
Hourly |
34.80 |
36.72 |
38.78 |
40.92 |
43.20 |
45.61 |
|
|
|
Annually |
72384 |
76378 |
80662 |
85114 |
89856 |
94869 |
|
18 |
|
Hourly |
38.35 |
40.47 |
42.75 |
45.10 |
47.60 |
50.26 |
|
|
|
Annually |
79768 |
84178 |
88920 |
93808 |
99008 |
104541 |
|
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
34.77 |
|
|
Annually |
|
33758 |
|
72322 |
42 |
|
Hourly |
|
17.89 |
|
38.41 |
|
|
Annually |
|
37211 |
|
79893 |
43 |
|
Hourly |
|
19.70 |
|
42.30 |
|
|
Annually |
|
40976 |
|
87984 |
44 |
|
Hourly |
|
21.73 |
|
46.21 |
|
|
Annually |
|
45198 |
|
96117 |
45 |
|
Hourly |
|
24.01 |
|
50.44 |
|
|
Annually |
|
49941 |
|
104915 |
46 |
|
Hourly |
|
26.43 |
|
55.13 |
|
|
Annually |
|
54974 |
|
114670 |
47 |
|
Hourly |
|
29.14 |
|
60.16 |
|
|
Annually |
|
60611 |
|
125133 |
48 |
|
Hourly |
|
32.14 |
|
65.65 |
|
|
Annually |
|
66851 |
|
136552 |
49 |
|
Hourly |
|
35.44 |
|
70.89 |
|
|
Annually |
|
73715 |
|
147451 |
(C) Beginning on the first day of the pay period that includes July 1, 2007, each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid a salary or wage in accordance with the following schedule of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
|
Hourly |
9.73 |
10.16 |
10.60 |
11.05 |
|
|
|
|
|
Annually |
20238 |
21133 |
22048 |
22984 |
|
|
|
2 |
|
Hourly |
11.80 |
12.30 |
12.83 |
13.39 |
|
|
|
|
|
Annually |
24544 |
25584 |
26686 |
27851 |
|
|
|
3 |
|
Hourly |
12.36 |
12.92 |
13.49 |
14.08 |
|
|
|
|
|
Annually |
25709 |
26874 |
28059 |
29286 |
|
|
|
4 |
|
Hourly |
12.98 |
13.56 |
14.20 |
14.84 |
|
|
|
|
|
Annually |
26998 |
28205 |
29536 |
30867 |
|
|
|
5 |
|
Hourly |
13.61 |
14.23 |
14.84 |
15.49 |
|
|
|
|
|
Annually |
28309 |
29598 |
30867 |
32219 |
|
|
|
6 |
|
Hourly |
14.35 |
14.94 |
15.60 |
16.24 |
|
|
|
|
|
Annually |
29848 |
31075 |
32448 |
33779 |
|
|
|
7 |
|
Hourly |
15.24 |
15.80 |
16.44 |
17.02 |
17.68 |
|
|
|
|
Annually |
31699 |
32864 |
34195 |
35402 |
36774 |
|
|
8 |
|
Hourly |
16.10 |
16.81 |
17.54 |
18.33 |
19.11 |
|
|
|
|
Annually |
33488 |
34965 |
36483 |
38126 |
39749 |
|
|
9 |
|
Hourly |
17.18 |
18.07 |
18.96 |
19.90 |
20.92 |
|
|
|
|
Annually |
35734 |
37586 |
39437 |
41392 |
43514 |
|
|
10 |
|
Hourly |
18.54 |
19.55 |
20.60 |
21.79 |
22.96 |
|
|
|
|
Annually |
38563 |
40664 |
42848 |
45323 |
47757 |
|
|
11 |
|
Hourly |
20.18 |
21.36 |
22.60 |
23.87 |
25.23 |
|
|
|
|
Annually |
41974 |
44429 |
47008 |
49650 |
52478 |
|
|
12 |
|
Hourly |
22.26 |
23.52 |
24.78 |
26.15 |
27.61 |
29.11 |
|
|
|
Annually |
46301 |
48922 |
51542 |
54392 |
57429 |
60549 |
|
13 |
|
Hourly |
24.54 |
25.89 |
27.31 |
28.77 |
30.39 |
32.04 |
|
|
|
Annually |
51043 |
53851 |
56805 |
59842 |
63211 |
66643 |
|
14 |
|
Hourly |
26.99 |
28.51 |
30.05 |
31.69 |
33.48 |
35.35 |
|
|
|
Annually |
56139 |
59301 |
62504 |
65915 |
69638 |
73528 |
|
15 |
|
Hourly |
29.64 |
31.31 |
33.08 |
34.90 |
36.84 |
38.86 |
|
|
|
Annually |
61651 |
65125 |
68806 |
72592 |
76627 |
80829 |
|
16 |
|
Hourly |
32.69 |
34.50 |
36.40 |
38.44 |
40.56 |
42.88 |
|
|
|
Annually |
67995 |
71760 |
75712 |
79955 |
84365 |
89190 |
|
17 |
|
Hourly |
36.02 |
38.01 |
40.14 |
42.35 |
44.71 |
47.21 |
|
|
|
Annually |
74922 |
79061 |
83491 |
88088 |
92997 |
98197 |
|
18 |
|
Hourly |
39.69 |
41.89 |
44.25 |
46.68 |
49.27 |
52.02 |
|
|
|
Annually |
82555 |
87131 |
92040 |
97094 |
102482 |
108202 |
|
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
35.99 |
|
|
Annually |
|
33758 |
|
74859 |
42 |
|
Hourly |
|
17.89 |
|
39.75 |
|
|
Annually |
|
37211 |
|
82680 |
43 |
|
Hourly |
|
19.70 |
|
43.78 |
|
|
Annually |
|
40976 |
|
91062 |
44 |
|
Hourly |
|
21.73 |
|
47.83 |
|
|
Annually |
|
45198 |
|
99486 |
45 |
|
Hourly |
|
24.01 |
|
52.21 |
|
|
Annually |
|
49941 |
|
108597 |
46 |
|
Hourly |
|
26.43 |
|
57.06 |
|
|
Annually |
|
54974 |
|
118685 |
47 |
|
Hourly |
|
29.14 |
|
62.27 |
|
|
Annually |
|
60611 |
|
129522 |
48 |
|
Hourly |
|
32.14 |
|
67.95 |
|
|
Annually |
|
66851 |
|
141336 |
49 |
|
Hourly |
|
35.44 |
|
73.37 |
|
|
Annually |
|
73715 |
|
152610 |
(D) Beginning on the first day of the pay period that includes July 1, 2008, each exempt employee who must be paid in accordance with schedule E-1 or schedule E-2 of this section shall be paid a salary or wage in accordance with the following schedule of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
1 |
|
Hourly |
10.07 |
10.52 |
10.97 |
11.44 |
|
|
|
|
|
Annually |
20946 |
21882 |
22818 |
23795 |
|
|
|
2 |
|
Hourly |
12.21 |
12.73 |
13.28 |
13.86 |
|
|
|
|
|
Annually |
25397 |
26478 |
27622 |
28829 |
|
|
|
3 |
|
Hourly |
12.79 |
13.37 |
13.96 |
14.57 |
|
|
|
|
|
Annually |
26603 |
27810 |
29037 |
30306 |
|
|
|
4 |
|
Hourly |
13.43 |
14.03 |
14.70 |
15.36 |
|
|
|
|
|
Annually |
27934 |
29182 |
30576 |
31949 |
|
|
|
5 |
|
Hourly |
14.09 |
14.73 |
15.36 |
16.03 |
|
|
|
|
|
Annually |
29307 |
30638 |
31949 |
33342 |
|
|
|
6 |
|
Hourly |
14.85 |
15.46 |
16.15 |
16.81 |
|
|
|
|
|
Annually |
30888 |
32157 |
33592 |
34965 |
|
|
|
7 |
|
Hourly |
15.77 |
16.35 |
17.02 |
17.62 |
18.30 |
|
|
|
|
Annually |
32802 |
34008 |
35402 |
36650 |
38064 |
|
|
8 |
|
Hourly |
16.66 |
17.40 |
18.15 |
18.97 |
19.78 |
|
|
|
|
Annually |
34653 |
36192 |
37752 |
39458 |
41142 |
|
|
9 |
|
Hourly |
17.78 |
18.70 |
19.62 |
20.60 |
21.65 |
|
|
|
|
Annually |
36982 |
38896 |
40810 |
42848 |
45032 |
|
|
10 |
|
Hourly |
19.19 |
20.23 |
21.32 |
22.55 |
23.76 |
|
|
|
|
Annually |
39915 |
42078 |
44346 |
46904 |
49421 |
|
|
11 |
|
Hourly |
20.89 |
22.11 |
23.39 |
24.71 |
26.11 |
|
|
|
|
Annually |
43451 |
45989 |
48651 |
51397 |
54309 |
|
|
12 |
|
Hourly |
23.04 |
24.34 |
25.65 |
27.07 |
28.58 |
30.13 |
|
|
|
Annually |
47923 |
50627 |
53352 |
56306 |
59446 |
62670 |
|
13 |
|
Hourly |
25.40 |
26.80 |
28.27 |
29.78 |
31.45 |
33.16 |
|
|
|
Annually |
52832 |
55744 |
58802 |
61942 |
65416 |
68973 |
|
14 |
|
Hourly |
27.93 |
29.51 |
31.10 |
32.80 |
34.65 |
36.59 |
|
|
|
Annually |
58094 |
61381 |
64688 |
68224 |
72072 |
76107 |
|
15 |
|
Hourly |
30.68 |
32.41 |
34.24 |
36.12 |
38.13 |
40.22 |
|
|
|
Annually |
63814 |
67413 |
71219 |
75130 |
79310 |
83658 |
|
16 |
|
Hourly |
33.83 |
35.71 |
37.67 |
39.79 |
41.98 |
44.38 |
|
|
|
Annually |
70366 |
74277 |
78354 |
82763 |
87318 |
92310 |
|
17 |
|
Hourly |
37.28 |
39.34 |
41.54 |
43.83 |
46.27 |
48.86 |
|
|
|
Annually |
77542 |
81827 |
86403 |
91166 |
96242 |
101629 |
|
18 |
|
Hourly |
41.08 |
43.36 |
45.80 |
48.31 |
50.99 |
53.84 |
|
|
|
Annually |
85446 |
90189 |
95264 |
100485 |
106059 |
111987 |
|
|
|
Range |
|
Minimum |
|
Maximum |
41 |
|
Hourly |
|
16.23 |
|
37.25 |
|
|
Annually |
|
33758 |
|
77480 |
42 |
|
Hourly |
|
17.89 |
|
41.14 |
|
|
Annually |
|
37211 |
|
85571 |
43 |
|
Hourly |
|
19.70 |
|
45.31 |
|
|
Annually |
|
40976 |
|
94245 |
44 |
|
Hourly |
|
21.73 |
|
49.50 |
|
|
Annually |
|
45198 |
|
102960 |
45 |
|
Hourly |
|
24.01 |
|
54.04 |
|
|
Annually |
|
49941 |
|
112403 |
46 |
|
Hourly |
|
26.43 |
|
59.06 |
|
|
Annually |
|
54974 |
|
122845 |
47 |
|
Hourly |
|
29.14 |
|
64.45 |
|
|
Annually |
|
60611 |
|
134056 |
48 |
|
Hourly |
|
32.14 |
|
70.33 |
|
|
Annually |
|
66851 |
|
146286 |
49 |
|
Hourly |
|
35.44 |
|
75.94 |
|
|
Annually |
|
73715 |
|
157955 |
(E) Beginning on the first day of the pay period that includes July 1, 2006, each exempt employee who must be paid in accordance with schedule E-1 for step seven only shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Seven Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
29.68 |
|
|
|
|
|
Annually |
61734 |
|
|
|
13 |
|
Hourly |
32.66 |
|
|
|
|
|
Annually |
67933 |
|
|
|
14 |
|
Hourly |
36.01 |
|
|
|
|
|
Annually |
74901 |
|
|
|
15 |
|
Hourly |
39.61 |
|
|
|
|
|
Annually |
82389 |
|
|
|
16 |
|
Hourly |
43.70 |
|
|
|
|
|
Annually |
90896 |
|
|
|
17 |
|
Hourly |
48.13 |
|
|
|
|
|
Annually |
100110 |
|
|
|
18 |
|
Hourly |
53.02 |
|
|
|
|
|
Annually |
110282 |
|
|
|
(D)(F) Beginning on the first day of the pay period that includes July 1, 2007, each exempt employee who must be paid in accordance with schedule E-1 for step seven only shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
30.72 |
|
|
|
|
|
Annually |
63898 |
|
|
|
13 |
|
Hourly |
33.80 |
|
|
|
|
|
Annually |
70304 |
|
|
|
14 |
|
Hourly |
37.27 |
|
|
|
|
|
Annually |
77522 |
|
|
|
15 |
|
Hourly |
41.00 |
|
|
|
|
|
Annually |
85280 |
|
|
|
16 |
|
Hourly |
45.23 |
|
|
|
|
|
Annually |
94078 |
|
|
|
17 |
|
Hourly |
49.81 |
|
|
|
|
|
Annually |
103605 |
|
|
|
18 |
|
Hourly |
54.88 |
|
|
|
|
|
Annually |
114150 |
|
|
|
(G) Beginning on the first day of the pay period that includes July 1, 2008, each exempt employee who must be paid in accordance with salary schedule E-1 for step seven only shall be paid a salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Values
|
|
Range |
|
|
|
|
12 |
|
Hourly |
31.80 |
|
|
|
|
|
Annually |
66144 |
|
|
|
13 |
|
Hourly |
34.98 |
|
|
|
|
|
Annually |
72758 |
|
|
|
14 |
|
Hourly |
38.57 |
|
|
|
|
|
Annually |
80226 |
|
|
|
15 |
|
Hourly |
42.44 |
|
|
|
|
|
Annually |
88275 |
|
|
|
16 |
|
Hourly |
46.81 |
|
|
|
|
|
Annually |
97365 |
|
|
|
17 |
|
Hourly |
51.55 |
|
|
|
|
|
Annually |
107224 |
|
|
|
18 |
|
Hourly |
56.80 |
|
|
|
|
|
Annually |
118144 |
|
|
|
(H) As used in this section, "exempt employee" means a
permanent full-time or permanent part-time employee paid directly
by warrant of the director of budget and management whose position is included in
the job classification plan established under division (A) of
section 124.14 of the Revised Code but who is not considered a
public employee for the purposes of Chapter 4117. of the Revised
Code. As used in this section, "exempt employee" also includes a
permanent full-time or permanent part-time employee of the
secretary of state, auditor of state, treasurer of state, or
attorney general who has not been placed in an appropriate
bargaining unit by the state employment relations board.
Sec. 125.01. As used in this chapter:
(A) "Order" means a copy of a contract or a statement of
the
nature of a contemplated expenditure, a description of the
property or supplies to be purchased or service to be performed,
other than a service performed by officers and regular employees
of the state, and per diem of the national guard, and the total
sum of the expenditure to be made therefor, if the sum is fixed
and ascertained, otherwise the estimated sum thereof, and an
authorization to pay for the contemplated expenditure, signed by
the person
instructed and authorized to pay upon receipt of a
proper invoice.
(B) "Information technology" means technologies and services used for information processing, including, but not limited to, software, computing hardware, communications technologies, and related services.
(C) "Invoice" means an itemized listing showing delivery of
the supplies or
performance of the service described in the
order,
and the date of the purchase or rendering of the service,
or an
itemization of the things done, material supplied, or labor
furnished, and the sum due pursuant to the contract or
obligation.
(C)(D) "Products" means materials, manufacturer's supplies,
merchandise, goods, wares, and foodstuffs.
(D)(E) "Produced" means the manufacturing, processing, mining,
developing, and making of a thing into a new article with a
distinct character
in use through the application of input, within
the state, of Ohio products,
labor, skill, or other services.
"Produced" does not include the mere
assembling or putting
together of non-Ohio products or materials.
(E)(F) "Ohio products" means products
that are mined,
excavated, produced, manufactured, raised, or grown in the state
by a person where the input of Ohio products, labor, skill, or
other services constitutes no less than twenty-five per cent of
the manufactured cost. With respect to mined products, such
products shall be mined or excavated in
this state.
(F)(G) "Purchase" means to buy, rent, lease, lease purchase,
or
otherwise acquire supplies or services. "Purchase" also
includes
all functions that pertain to the obtaining of supplies
or
services, including description of requirements, selection and
solicitation of sources, preparation and award of contracts,
all
phases of contract administration, and receipt and acceptance of
the supplies and services and payment
for them.
(H) "Purchasing authority" means the department of administrative services or the office of information technology as set forth in section 125.011 of the Revised Code.
(G)(I) "Services" means the furnishing of labor, time, or
effort by a person, not involving the delivery of a specific end
product other than a report which, if provided, is merely
incidental to the required performance. "Services" does not
include services furnished pursuant to employment agreements or
collective bargaining agreements.
(H)(J) "Supplies" means all property, including, but not
limited to, equipment, materials,
other tangible
assets,
and
insurance, but excluding
real property or
an interest in
real
property.
(I)(K) "Competitive selection" means
any of the
following
procedures for making purchases:
(1) Competitive sealed bidding under section 125.07 of the
Revised Code;
(2) Competitive sealed proposals under section 125.071 of
the Revised
Code;
(3) Reverse auctions under section 125.072 of the Revised
Code.
Sec. 125.011. Except for information technology supplies and services, the department of administrative services shall be the purchasing authority for all supplies and services for the purposes of and subject to the limitations of sections 125.01 to 125.11, 125.15, and 125.25 of the Revised Code. The office of information technology shall be the purchasing authority for information technology supplies and services in accordance with section 126.17 of the Revised Code for the purposes of and subject to the limitations of sections 125.01 to 125.11, 125.15, and 125.25 of the Revised Code. The department of administrative services and the office of information technology shall consult with each other to promote consistency when adopting any rules under sections 125.01 to 125.11, 125.15, and 125.25 of the Revised Code.
Sec. 125.02. Except as to the adjutant general, the
capital square review and advisory board, the department of rehabilitation and
correction as specified in
division (D) of section 125.04 of the Revised Code, the
general
assembly, the bureau of workers' compensation, and institutions
administered by boards of trustees, the department of
administrative services a purchasing authority may purchase supplies and services for
the use of state agencies.
So far as possible, the department of administrative
services purchasing authority shall make all purchases from the department of
rehabilitation and correction in the exercise of the functions of
the department of rehabilitation and correction in the management
of state institutions.
The department of administrative services purchasing authority shall prescribe
uniform rules governing forms of specifications, advertisements
for proposals, the opening of bids, the making of awards and
contracts, and the purchase of supplies and performance of work.
Nothing in this section precludes the bureau from entering
into a contract with the department of administrative services a purchasing authority
for the department purchasing authority to purchase supplies, or
services for the use of the bureau.
Sec. 125.021. (A) Except as to the military department, the general assembly, the
bureau of workers' compensation, the industrial commission, and institutions administered by boards of
trustees, the office of information technology may contract for,
operate, and superintend telephone, other telecommunication, and computer
services for state agencies. Nothing in this division precludes the bureau or the commission from contracting
with the office to authorize the office to contract for, operate, or superintend those services for the bureau or the commission.
(B)(1) As used in this division:
(a)(1) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.
(b)(2) "Immediate family" means a person's spouse residing in the person's household, brothers and sisters of the whole or of the half blood, children, including adopted children and stepchildren, parents, and grandparents.
(2)(B) The office of information technology may enter into a contract to purchase bulk long distance telephone services and make them available at cost, or may make bulk long distance telephone services available at cost under any existing contract the office has entered into, to members of the immediate family of persons deployed on active duty so that those family members can communicate with the persons so deployed. If the office enters into contracts under division (B)(2) of this section, it shall do so in accordance with sections 125.01 to 125.11 of the Revised Code and in a nondiscriminatory manner that does not place any potential vendor at a competitive disadvantage.
(3)(C) If the office decides to exercise either option under division (B)(2) of this section, it shall adopt, and may amend, rules under Chapter 119. of the Revised Code to implement that division.
Sec. 125.022. The department of administrative services A purchasing authority may enter into
cooperative purchasing agreements with one or more other states or groups of
states or with any political subdivision of this state described in division
(B) of section 125.04 of the Revised Code for the purpose of purchasing
services or supplies produced from or containing recycled materials for the
use of state agencies.
Sec. 125.023. During the period of an emergency as defined in
section 5502.21 of the Revised Code, the department of administrative services purchasing authority
may suspend, with regard to the emergency management agency
established in section 5502.22 of the Revised Code or any other state
agency participating in recovery activities as defined in section 5502.21
of the Revised Code, the purchasing and contracting
requirements contained in sections 125.02 to 125.111 of the Revised Code
and any of the requirements of Chapter 153. of the Revised Code that
otherwise would apply to the agency. The director of public
safety or the executive director of the emergency
management agency
shall make the request for the suspension of these requirements to the
department of administrative
services and the office of information technology concurrently with the request to the governor or the
president of the United States for the
declaration of an emergency. The governor also shall include in
any proclamation the governor issues declaring an emergency
language requesting the suspension of those requirements during the period of
the emergency.
Sec. 125.04. (A) Except as provided in division (D) of
this section, the department of administrative services purchasing authorities shall
determine what supplies and services are purchased by or for
state agencies. Whenever the department of administrative
services a purchasing authority makes any change or addition to the lists of supplies
and services that it determines to purchase for state agencies,
it shall provide a list to the agencies of the changes or
additions and indicate when the department purchasing authority will be prepared to
furnish each item listed. Except for the requirements of
division (B) of section 125.11 of the Revised Code, sections
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not
apply to or affect the educational institutions of the state. The department purchasing authorities
shall not include the bureau of workers'
compensation in the lists of supplies, equipment, and services
purchased and furnished by the department purchasing authorities.
Nothing in this division precludes the bureau from entering
into a contract with the department purchasing authorities for the department purchasing authorities to perform
services relative to supplies, equipment, and services contained
in this division for the bureau.
(B)(1) As used in this division:
(a) "Emergency medical service organization" has the same meaning
as in section 4765.01 of the Revised Code.
(b) "Political subdivision"
means any county, township, municipal corporation, school
district, conservancy district, township park district, park
district created under Chapter 1545. of the Revised Code,
regional transit authority, regional airport authority, regional water and
sewer district, or port authority. "Political subdivision" also includes any
other political subdivision described in the Revised Code that has been
approved by the department to participate in the department's contracts under
this division.
(c) "Private fire company" has the same meaning as in section
9.60 of the Revised Code.
(2) Subject to division (C) of this section, the
department of administrative services a purchasing authority may permit a
political
subdivision, county board of elections, private fire company, or private, nonprofit
emergency medical service organization
to participate in contracts into which the
department purchasing authority has entered for the purchase of supplies and services.
The department purchasing authority may charge the entity a reasonable fee to cover the
administrative costs the department purchasing authority incurs as a result of participation by the
entity in such a purchase contract.
A political subdivision
desiring to participate in such purchase contracts shall file
with the department purchasing authority a certified copy of an ordinance or
resolution of the legislative authority or governing board of the
political subdivision. The resolution or ordinance shall request
that the political subdivision be authorized to participate in
such contracts and shall agree that the political subdivision
will be bound by such terms and conditions as the department purchasing authority
prescribes and that it will directly pay the vendor under each
purchase contract. A board of elections desiring to participate in such purchase contracts shall file with the purchasing authority a written request for inclusion in the program.
A private fire company or private, nonprofit emergency medical
service organization desiring to participate in such purchase contracts shall
file with the department purchasing authority a written request for inclusion in the program signed
by the chief officer of the company or organization. The A request for inclusion shall
include an agreement to be bound by such terms and conditions as the
department purchasing authority prescribes and to make direct payments to the vendor under each
purchase contract.
The department purchasing authority shall include in its annual report an
estimate of the cost it incurs by permitting political
subdivisions, county boards of elections, private fire companies, and private, nonprofit
emergency medical service organizations
to participate in contracts pursuant to this
division. The department purchasing authority may require such entities
to file a
report with the department purchasing authority, as often as it finds necessary,
stating how many such contracts the entities participated in within a
specified period of
time, and any other
information the department purchasing authority requires.
(3) Purchases made by a political subdivision or a county board of elections under this division
are exempt from any competitive selection procedures otherwise required by
law. No political subdivision shall make any purchase under this division
when bids have been received for such purchase by the subdivision, unless such
purchase can be made upon the same terms, conditions, and specifications at a
lower price under this division.
(C) A political subdivision as defined in division (B) of this
section or a county board of elections may purchase supplies or services
from another party, including another a political subdivision, instead of
through participation in contracts
described in division (B) of
this section if the political subdivision or county board of elections can purchase those
supplies or services from the other party upon equivalent terms,
conditions, and specifications but at a lower price than it can
through those contracts. Purchases that a political subdivision or county board of elections
makes under this division are exempt from any competitive
selection procedures otherwise required by law. A political
subdivision or county board of elections that makes any purchase under this division shall
maintain sufficient information regarding the
purchase to verify that the
political subdivision or county board of elections satisfied the conditions for making a
purchase under this division. Nothing in this division restricts any action
taken by a county or township
as authorized by division (A)(1) of section 9.48 of the Revised
Code.
(D) This section does not apply to supplies or services
required by the legislative or judicial branches, boards of
elections, the capitol square review and advisory board, the
adjutant general, to supplies or services purchased by a state
agency directly as provided in division (A) or (E) of section
125.05 of
the Revised Code, to purchases of supplies or services for the emergency
management agency as provided in section 125.023 of the Revised Code, or to
purchases of supplies or services for the
department of rehabilitation and correction in its operation of
the program for the employment of prisoners established under
section 5145.16 of the Revised Code that shall be made pursuant
to rules adopted by the director of administrative services and
the director of rehabilitation and correction in accordance with
Chapter 119. of the Revised Code. The rules may provide for the
exemption of the program for the employment of prisoners from the
requirements of division (A) of this section.
Sec. 125.041. Nothing in sections 125.02,
125.03 to 125.08, 125.12 to 125.16, 125.18,
125.31 to 125.76, or 125.831, or 126.17 of the Revised
Code shall be construed as limiting the attorney general, auditor of state,
secretary of state, or treasurer of state in any of the following:
(A) Purchases for less than the dollar
amounts for the purchase of supplies or services determined pursuant to
division (D) of section 125.05 of the Revised Code;
(B) Purchases that equal or
exceed the dollar amounts for the purchase of supplies or services determined
pursuant to division (D) of section 125.05 of the Revised Code with the
approval of the controlling board, if that approval is
required by section
127.16 of the Revised Code;
(C) The final determination of the nature or quantity making any
purchase of supplies or services to be purchased pursuant to section
125.06 of the Revised Code;
(D) The final determination and disposal of excess and surplus
supplies;
(E) The inventory of state property;
(F) The purchase of printing;
(G) Activities related to information technology development and use;
(H) The fleet management program.
Sec. 125.05. Except as provided in division (E) of this
section, no state agency shall purchase any supplies or
services except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state agency may, without
competitive selection, make any purchase of services that cost fifty thousand
dollars or less or any purchase of supplies that cost twenty-five thousand
dollars or less. The agency, at its determination, may make the purchase directly or may make the
purchase from or through the department of administrative services, whichever
the agency determines proper purchasing authority. The
department purchasing authority
shall establish written procedures to assist state agencies when
they make
direct purchases. If the agency makes the purchase directly, it
shall make the purchase by a term contract whenever possible.
(B) Subject to division (D) of this section, a state agency
wanting to purchase services that cost more than
fifty thousand dollars or supplies that cost more than
twenty-five thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department proper purchasing authority. The department purchasing authority shall make the
purchase by competitive selection under section 125.07 of the
Revised Code. If the director of administrative services purchasing authority determines that it
is not possible or not advantageous to the state for the department purchasing authority to make
the purchase, the department purchasing authority shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 127.16 of
the Revised Code does not apply to purchases the department purchasing authority makes under this
section.
(C) An agency that has been granted a release and permit to make
a purchase may make the purchase without competitive selection if after making
the purchase the cumulative purchase threshold as computed under division (F)
of section 127.16 of the Revised Code would:
(1) Be exceeded and the controlling board approves the purchase;
(2) Not be exceeded and the department of administrative
services purchasing authority approves the purchase.
(D) Not later than January 31, 1997, the amounts
specified in divisions (A) and (B) of this section and, not
later than the thirty-first day of January of each second year
thereafter, any amounts computed by adjustments made under this division,
shall be increased or decreased by the average percentage increase or decrease
in the consumer price index prepared by the United States
bureau of labor statistics (U.S. City
Average for Urban Wage Earners and Clerical Workers: "All Items
1982-1984=100") for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately
preceding twenty-four calendar month period, as reported by the bureau. The
director of administrative services shall make this determination and adjust
the appropriate amounts accordingly.
(E) If the eTech Ohio
commission, the department of education,
or the Ohio education computer
network determines that it can purchase software services or supplies for
specified school districts at a price less than the price for which the
districts could purchase the same software services or supplies for
themselves, the commission, department, or network shall certify that fact to the
department of administrative services office of information technology and, acting as an agent for the
specified school districts, shall make that purchase without following the
provisions in divisions (A) to (D) of this section.
Sec. 125.06. The department of administrative services A purchasing authority
may, pursuant to division (B) of section 125.05 of the Revised
Code and subject to such rules as the director of administrative
services particular purchasing authority may adopt, issue a release and permit to the agency to
secure supplies or services. A release and permit shall specify
the supplies or services to which it applies, the time during
which it is operative, and the reason for its issuance. A
release and permit for computer services information technology services shall also specify the
type of services to be rendered, the number and type of machines
to be employed, and may specify the amount of such services to be
performed. One copy of every release and permit shall be filed
with the agency to which it is issued, and one copy shall be
retained by the department purchasing authority.
Sec. 125.07. The department of administrative services A purchasing authority, in
making a purchase by competitive selection pursuant to
division
(B) of section 125.05 of the Revised Code, shall give
notice in
the following manner:
(A) The department purchasing authority shall advertise
the intended
purchases
by notice
that is posted by mail or electronic
means
and
that is
for the benefit of competing
persons
producing or dealing in the
supplies or services to be
purchased,
including, but not limited
to, the persons whose names
appear on
the appropriate list
provided for in section 125.08 of
the Revised
Code. The notice
may be in the form of the bid or
proposal
document or of a listing
in a periodic bulletin, or in any other
form
the director of
administrative services purchasing authority considers appropriate
to sufficiently
notify qualified competing persons of the intended
purchases.
(B)
The notice
required under division (A) of
this
section
shall include the time and place where bids
or proposals
will be
accepted and opened,
or, when bids are made in a reverse
auction,
the time when bids will be accepted; the conditions under
which
bids or
proposals will be received; the terms of the
proposed
purchases;
and an itemized list of the
supplies
or services to be
purchased and the estimated quantities
or
amounts
of them.
(C) The
posting of
the notice
required
under division (A)
of this section shall be completed
by the number of days
the
director purchasing authority
determines preceding the day when
the bids
or proposals
will be
opened
or accepted.
(D) The department purchasing authority
also
shall maintain, in a public
place
in its office, a bulletin board upon which it shall post and
maintain a copy of
the notice
required under division
(A) of
this
section for at least the
number of days
the
director purchasing authority determines
under division
(C) of this
section
preceding the
day of the
opening
or acceptance
of
the bids
or
proposals.
The failure to
so
additionally post
the
notice shall
invalidate
all proceedings had
and any contract
entered into
pursuant to
the proceedings.
Sec. 125.071. (A) In accordance with rules the director of
administrative services purchasing authority shall adopt, the director purchasing authority may make purchases by
competitive sealed proposal whenever the director purchasing authority determines that the use of
competitive sealed bidding is not possible or not advantageous to the state.
(B) Proposals shall be solicited through a request for
proposals. The request for proposals shall state the relative importance of
price and other evaluation factors. Notice of the request for proposals shall
be given in accordance with rules the director shall adopt.
(C) Proposals shall be opened so as to avoid disclosure of
contents to competing offerors.
In order to ensure fair and impartial evaluation, proposals
and related documents submitted in response to a request for
proposals are not available for public inspection and copying
under section 149.43 of the Revised Code until after the award of the contract.
(D) As provided in the request for proposals, and
under rules the
director purchasing authority shall adopt, discussions may be conducted with
responsible offerors
who submit proposals determined to be reasonably susceptible of
being selected
for award for the purpose of ensuring full understanding of, and
responsiveness
to, solicitation requirements. Offerors shall be accorded fair
and equal
treatment with respect to any opportunity for discussion
regarding any
clarification, correction, or revision of proposals. No
disclosure of any
information derived from proposals submitted by competing
offerors shall occur
when discussions are conducted.
(E) Award may be made to the offeror whose proposal
is determined
to be the most advantageous to this state, taking into
consideration factors
such as price and the evaluation criteria set forth in the
request for
proposals. The contract file shall contain the basis on which
the award is
made.
Sec. 125.072. (A) As used in this section, "reverse auction" means a purchasing process
in which
offerors submit
bids in competing to sell services or
supplies in
an open environment via
the internet.
(B)
Whenever the director of administrative services a purchasing authority
determines
that the use of a reverse auction is advantageous to
the state, the director purchasing authority, in accordance with rules
the director purchasing authority
shall adopt, may purchase services or
supplies by
reverse auction.
(C)
The director purchasing authority, by rule, may authorize a state agency that
is
authorized to purchase services or supplies directly to
purchase them by
reverse auction in the same manner as this
section and the rules adopted under this section authorize the
director purchasing authority to
do so.
Sec. 125.073. (A) The department of administrative services purchasing authorities shall actively promote and accelerate the use of electronic procurement, including reverse auctions as defined by section 125.072 of the Revised Code, by implementing the relevant recommendations concerning electronic procurement from the "2000 Management Improvement Commission Report to the Governor" when exercising its statutory powers.
(B) Beginning July 1, 2004, the department of administrative services shall annually on or before the first day of July report to the committees in each house of the general assembly dealing with finance indicating the effectiveness of electronic procurement. Beginning July 1, 2008, the office of information technology shall annually on or before the last day of December, report to the committees in each house of the general assembly dealing with finance indicating the effectiveness during the prior fiscal year of electronic procurement of information technology supplies and services.
Sec. 125.08. (A) The department of administrative
services
may divide the state into purchasing districts wherein
supplies or
services are to be delivered and shall describe
those
districts
on all applications for the notification list provided
for in this
section.
Any person may have that person's name and address, or the
name and
address of an agent, placed on the competitive selection
notification list of the department of administrative services by
sending to the department the person's name and address,
together
with a
list of the supplies or services described in the manner
prescribed by the department produced or dealt in by the
person
with a request for such listing, a list of the districts in which
the
person desires to participate, and
all other information
the
director of
administrative services may prescribe. The director of administrative services shall provide the lists to the office of information technology.
Whenever
any
name
and address together with a list of the
supplies or
services
produced or dealt in is so listed, the
department purchasing authorities shall
post
notice, as provided in
division (A) of
section 125.07 of
the
Revised Code,
for the benefit of
the persons listed
on
the
notification list
that are qualified
Ohio business
enterprises,
which shall include
Ohio penal
industries as defined
by rule of
the director of
administrative
services, or have a
significant
Ohio presence in
this state's
economy, except that, in
those
circumstances in which
the director purchasing authority
considers it in the best
interest of this state, the
director purchasing authority
shall post notice,
as
provided in division (A)
of section 125.07 of the
Revised Code,
for the benefit
of all
persons listed on the
notification
list.
The department purchasing authority need only
provide competitive
selection
documents
for a proposed contract to
persons who
specifically
request
the
documents.
The director may remove a person from
the notification list
and place the person on an inactive list if
the person fails to
respond to any notices of proposed purchases
that appear in four
consecutive bulletins or other forms of
notification that list
those
notices. Upon written request to the director by the
person
so
removed, the director may return the person to the
notification
list if the person provides sufficient evidence
regarding intent
to offer
bids or proposals to the state. The
director shall not
remove any person
from the list without notice
to
the person.
The notice may
be a part of the
notices of
proposed purchase.
(B) Any person who is certified by the equal employment
opportunity coordinator of the department of administrative
services in accordance with the rules adopted under division
(B)(1) of section 123.151 of the Revised Code as a minority
business enterprise may have that person's name placed on a
special minority business enterprise notification list to be used
in
connection with contracts awarded under section 125.081 of the
Revised Code. The minority business enterprise notification list
shall be used for bidding on contracts set aside for minority
business enterprises only. In all other respects, the list shall
be maintained and used in the same manner and according to the
same procedures as the notification list provided for under
division (A) of this section, except that a firm shall not be
removed from the list unless the coordinator determines that the
firm is no longer a minority business enterprise. A minority
business enterprise may have its name placed on both the
notification lists provided for in this section.
(C) The director of administrative services may require an
annual
registration fee for the listings provided for in division
(A) or (B) of
this
section. This fee shall not be more than ten
dollars. The department may
charge a fee for any compilation of
descriptions of supplies or services.
This fee
shall be
reasonable and shall not exceed
the cost required to maintain the
notification lists and provide for
the distribution of the
proposed purchase to the persons whose names appear on
the lists.
Sec. 125.081. (A) From the purchases that the department
of administrative services is purchasing authorities are required by law to make through
competitive selection, the director of administrative services each purchasing authority shall
select a number of such
purchases, the aggregate value of which equals approximately
fifteen per cent of the estimated total value of all such
purchases to be made in the current fiscal year. The director purchasing authority
shall set aside the purchases selected for competition only by
minority business enterprises, as defined in division (E)(1) of
section 122.71 of the Revised Code. The competitive selection
procedures for such purchases set aside shall be the same as for
all other purchases the department purchasing authority is required to make through
competitive selection, except that only minority business
enterprises certified by the equal employment opportunity
coordinator of the department of administrative services in
accordance with the rules adopted under division (B)(1) of
section 123.151 of the Revised Code and listed by the director
under division (B) of section 125.08 of the Revised Code shall be
qualified to compete.
(B) To the extent that any agency of the state, other than
the department of administrative services, the office of information technology, the legislative and
judicial branches, boards of elections, and the adjutant general,
is authorized to make purchases, the agency shall set aside a
number of purchases, the aggregate value of which equals
approximately fifteen per cent of the aggregate value of such
purchases for the current fiscal year for competition by minority
business enterprises only. The procedures for such purchases
shall be the same as for all other such purchases made by the
agency, except that only minority business enterprises certified
by the equal employment opportunity coordinator in accordance
with rules adopted under division (B)(1) of section 123.151 of
the Revised Code shall be qualified to compete.
(C) In the case of purchases set aside under division (A)
or (B) of this section, if no bid is submitted by a minority
business enterprise, the purchase shall be made according to
usual procedures. The contracting agency shall from time to time
set aside such additional purchases for which only minority
business enterprises may compete, as are necessary to replace
those purchases previously set aside for which no minority
business enterprises bid and to ensure that, in any fiscal year,
the aggregate amount of contracts awarded to minority business
enterprises will equal approximately fifteen per cent of the
total amount of contracts awarded by the agency.
(D) The provisions of this section shall not preclude any
minority business enterprise from competing for any other state
purchases that are not specifically set aside for minority
business enterprises.
(E) No funds of any state agency shall be expended in any
fiscal year for any purchase for which competitive selection is
required, until the director of the department of administrative
services certifies purchasing authorities certify to the equal employment opportunity
coordinator, the clerk of the senate, and the clerk
of the house of representatives of the general assembly that
approximately fifteen per cent of the aggregate amount of the
projected expenditure for such purchases in the fiscal year has
been set aside as provided for in this section.
(F) Any person who intentionally misrepresents self as
owning, controlling, operating, or participating in a minority
business enterprise for the purpose of obtaining contracts,
subcontracts, or any other benefits under this section shall be
guilty of theft by deception as provided for in section 2913.02
of the Revised Code.
Sec. 125.082. (A) When purchasing equipment, materials,
or supplies, the general assembly; the offices of all elected
state officers; all departments, boards, offices, commissions,
agencies, institutions, including, without limitation,
state-supported institutions of higher education, and other
instrumentalities of this state; the supreme court; all courts of
appeals; and all courts of common pleas, may purchase recycled
products in accordance with the guidelines adopted under division
(B) of this section if the products are available and meet the
performance specifications of the procuring entities. Purchases
of recycled products shall comply with any rules adopted under
division (C) of this section.
(B) The director of administrative services purchasing authorities shall adopt
rules in accordance with Chapter 119. of the Revised Code
establishing guidelines for the procurement of recycled products
pursuant to division (A) of this section. To the extent
practicable, the guidelines shall do all of the following:
(1) Be consistent with and substantially equivalent to any
relevant regulations adopted by the administrator of the United
States environmental protection agency pursuant to the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended;
(2) Establish the minimum percentage of recycled materials
the various products shall contain in order to be considered
"recycled" for the purposes of division (A) of this section;
(3) So far as practicable and economically feasible,
incorporate specifications for recycled-content materials to
promote the use and purchase of recycled products by state
agencies.
(C) The director purchasing authorities may adopt rules in accordance with
Chapter 119. of the Revised Code establishing a maximum
percentage by which the cost of recycled products purchased under
division (A) of this section may exceed the cost of comparable
products made of virgin materials.
(D) The department of administrative services, the office of information technology, and the
department of natural resources annually shall prepare and submit
to the governor, president of the senate, and speaker of the
house of representatives a report that describes, so far as
practicable, the value and types of recycled products that are
purchased with moneys disbursed from the state treasury by the
general assembly; the offices of all elected state officers; and
all departments, boards, offices, commissions, agencies, and
institutions of this state.
Sec. 125.09. (A) Pursuant to section 125.07 of the
Revised Code, the department of administrative services a purchasing authority may
prescribe such conditions under which competitive sealed bids
will be received and terms of the proposed purchase as it
considers necessary; provided, that all such conditions and terms
shall be reasonable and shall not unreasonably restrict
competition, and bidders may bid upon all or any item of the
supplies or services listed in such notice. Those bidders
claiming the preference for United States and Ohio products
outlined in this chapter shall designate in their bids either
that the product to be supplied is an Ohio product or that under
the rules established by the director of administrative services purchasing authority
they qualify as having a significant Ohio economic presence.
(B) The department purchasing authority may require that each bidder provide
sufficient information about the energy efficiency or energy
usage of the bidder's product or service.
(C) The director of administrative services purchasing authority shall, by rule
adopted pursuant to Chapter 119. of the Revised Code, prescribe
criteria and procedures for use by all state agencies in giving
preference to United States and Ohio products as required by
division (B) of section 125.11 of the Revised Code. The rules
shall extend to:
(1) Criteria for determining that a product is produced or
mined in the United States rather than in another country or
territory;
(2) Criteria for determining that a product is produced or
mined in Ohio;
(3) Information to be submitted by bidders as to the
nature of a product and the location where it is produced or
mined;
(4) Criteria and procedures to be used by the director purchasing authorities to
qualify bidders located in states bordering Ohio who might
otherwise be excluded from being awarded a contract by operation
of this section and section 125.11 of the Revised Code. The
criteria and procedures shall recognize the level and regularity
of interstate commerce between Ohio and the border states and
provide that the non-Ohio businesses may qualify for award of a
contract as long as they are located in a state that imposes no
greater restrictions than are contained in this section and
section 125.11 of the Revised Code upon persons located in Ohio
selling products or services to agencies of that state. The criteria and
procedures shall also provide that a non-Ohio business shall not bid
on a contract for state printing in this state if the business is located in a
state that excludes Ohio businesses from bidding on state printing
contracts in that state.
(5) Criteria and procedures to be used to qualify bidders
whose manufactured products, except for mined products, are
produced in other states or in North America, but the bidders
have a significant Ohio economic presence in terms of the number
of employees or capital investment a bidder has in this state.
Bidders with a significant Ohio economic presence shall qualify
for award of a contract on the same basis as if their products
were produced in this state.
(6) Criteria and procedures for the director purchasing authority to grant
waivers of the requirements of division (B) of section 125.11 of
the Revised Code on a contract-by-contract basis where compliance
with those requirements would result in the state agency paying
an excessive price for the product or acquiring a
disproportionately inferior product;
(7) Such other requirements or procedures reasonably
necessary to implement the system of preferences established
pursuant to division (B) of section 125.11 of the Revised Code.
In adopting the rules required under this division, the
director purchasing authority shall, to the maximum extent possible, conform to the
requirements of the federal "Buy America Act," 47 Stat. 1520,
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations
adopted thereunder.
Sec. 125.10.
(A) The department of administrative services A purchasing authority
may
require that all
competitive sealed bids, competitive
sealed
proposals,
and bids received in a reverse
auction be
accompanied
by a performance bond or other cash surety
acceptable
to the
director of administrative services purchasing authority, in
the
sum and
with
the
sureties
it prescribes, payable to the
state, and
conditioned
that
the person submitting the bid or
proposal, if
that
person's
bid
or proposal is accepted, will
faithfully execute
the terms of
the
contract and promptly
make
deliveries of the
supplies
purchased.
(B)
A sealed copy of each
competitive sealed bid or
competitive sealed proposal shall be filed with the
department purchasing authority
prior
to the time specified in the notice for opening of the bids
or proposals. All
competitive sealed
bids and
competitive sealed
proposals shall
be publicly opened in the office of the department purchasing authority
at the time specified in
the notice. A representative of the
auditor of state shall be present at the
opening of all
competitive sealed bids and
competitive sealed
proposals,
and
shall
certify the opening of each
competitive sealed
bid and
competitive
sealed proposal. No competitive sealed
bid or
competitive
sealed proposal shall
be considered valid unless it is
so
certified.
Sec. 125.11. (A) Subject to division (B) of this
section,
contracts
awarded pursuant to
a reverse auction
under section
125.072 of the Revised Code or pursuant to
competitive
sealed
bidding, including
contracts awarded under
section
125.081 of
the
Revised Code, shall be awarded to the
lowest
responsive and
responsible bidder on each item in
accordance with
section 9.312
of the Revised Code. When the
contract is for meat
products as
defined in section 918.01 of the
Revised Code or
poultry products
as defined in section 918.21 of
the Revised
Code, only those bids
received from vendors offering
products from
establishments on the
current list
of meat and
poultry vendors established and
maintained by the
director of
administrative services under
section 125.17 of the
Revised Code
shall be eligible for
acceptance. The department of
administrative services purchasing authority may accept
or reject any or all bids in
whole or by items, except that when
the contract is for services
or
products available from a
qualified nonprofit agency
pursuant to
sections 125.60 to 125.6012 or 4115.31 to 4115.35
of the Revised Code, the
contract
shall be awarded to that agency.
(B) Prior to awarding a contract under division (A) of
this
section, the department of administrative services purchasing authority or the
state
agency responsible for evaluating a contract for the
purchase of
products shall evaluate the bids received
according to
the
criteria and procedures established pursuant to divisions
(C)(1)
and (2) of section 125.09 of the Revised Code for
determining if a
product is produced or mined in the United
States and if a product
is
produced or mined in
this state. The
department purchasing authority or other
state agency shall first remove bids that offer
products
that
have not been or that will not be
produced or mined in
the
United
States. From among the remaining bids, the department purchasing authority
or
other
state agency shall select the lowest responsive and
responsible
bid, in
accordance with section 9.312 of the Revised
Code, from
among the
bids that offer
products that
have been
produced or
mined in
this state
where sufficient
competition
can be generated
within
this
state to
ensure that
compliance
with these
requirements will not result in
an excessive
price for
the product
or acquiring a
disproportionately inferior
product.
If
there are
two or more
qualified bids that offer
products that have been
produced or mined
in
this state, it
shall be deemed that
there is
sufficient competition
to prevent an
excessive price for the
product or the acquiring of
a
disproportionately inferior product.
(C) Division (B) of this section applies to contracts for
which competitive bidding is waived by the controlling board.
(D) Division (B) of this section does not apply to
the
purchase by the division of liquor control of
spirituous
liquor.
(E) The director of administrative services shall publish
in
the form of a model act for use by counties, townships,
municipal
corporations, or any other political subdivision
described in
division (B) of section 125.04 of the Revised Code, a
system of
preferences
for products
mined and
produced in
this
state and in
the United States and for
Ohio-based
contractors.
The
model act
shall reflect substantial
equivalence
to the system
of
preferences
in purchasing and public
improvement
contracting
procedures under
which the state operates
pursuant to
this chapter
and section
153.012 of the Revised Code. To the
maximum extent
possible,
consistent with the Ohio system
of
preferences in
purchasing and
public improvement contracting
procedures, the
model act shall
incorporate all of the
requirements of the federal
"Buy America
Act," 47 Stat. 1520
(1933), 41 U.S.C. 10a to 10d, as
amended, and
the rules adopted
under that act.
Before and during the development and promulgation
of
the
model act, the director shall consult with appropriate
statewide
organizations representing counties, townships, and
municipal
corporations so as to identify the special requirements
and
concerns these political subdivisions have in their purchasing
and
public improvement contracting procedures. The director
shall
promulgate the model act by rule adopted pursuant to
Chapter 119.
of the Revised Code and shall revise the act as
necessary to
reflect changes in this chapter or section 153.012
of the Revised
Code.
The director shall make available copies of the model act,
supporting information, and technical assistance to any township,
county, or municipal corporation wishing to incorporate the
provisions of the act into its purchasing or public improvement
contracting procedure.
Sec. 125.15. All state agencies required
to secure any equipment, materials, supplies, or services from the department of administrative services a purchasing authority shall make
acquisition in the manner and upon forms prescribed by the
director of administrative services that purchasing authority and shall reimburse the department purchasing authority for the
equipment, materials, supplies, or services, including
a reasonable sum to cover the department's administrative costs and costs relating to energy efficiency and conservation programs,
whenever
reimbursement is required by the department purchasing authority. The money so paid shall be
deposited in the state treasury to the credit of the
general services fund for use by the department of administrative services or the information
technology fund for use by the office of information technology, as appropriate. Those funds
are hereby created.
Sec. 125.25. (A) The director of administrative services A purchasing authority may debar a vendor from consideration for contract awards upon a finding based upon a reasonable belief that the vendor has done any of the following:
(1) Abused the selection process by repeatedly withdrawing bids or proposals before purchase orders or contracts are issued or failing to accept orders based upon firm bids;
(2) Failed to substantially perform a contract according to its terms, conditions, and specifications within specified time limits;
(3) Failed to cooperate in monitoring contract performance by refusing to provide information or documents required in a contract, failed to respond to complaints to the vendor, or accumulated repeated justified complaints regarding performance of a contract;
(4) Attempted to influence a public employee to breach ethical conduct standards or to influence a contract award;
(5) Colluded to restrain competition by any means;
(6) Been convicted of a criminal offense related to the application for or performance of any public or private contract, including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, and any other offense that directly reflects on the vendor's business integrity;
(7) Been convicted under state or federal antitrust laws;
(8) Deliberately or willfully submitted false or misleading information in connection with the application for or performance of a public contract;
(9) Violated any other responsible business practice or performed in an unsatisfactory manner as determined by the director a purchasing authority;
(10) Through the default of a contract or through other means had a determination of unresolved finding for recovery by the auditor of state under section 9.24 of the Revised Code;
(11) Acted in such a manner as to be debarred from participating in a contract with any governmental agency.
(B) When the director a purchasing authority reasonably believes that grounds for debarment exist, the director purchasing authority shall send the vendor a notice of proposed debarment indicating the grounds for the proposed debarment and the procedure for requesting a hearing on the proposed debarment. The hearing shall be conducted in accordance with Chapter 119. of the Revised Code. If the vendor does not respond with a request for a hearing in the manner specified in Chapter 119. of the Revised Code, the director purchasing authority shall issue the debarment decision without a hearing and shall notify the vendor of the decision by certified mail, return receipt requested.
(C) The director purchasing authority shall determine the length of the debarment period and may rescind the debarment at any time upon notification to the vendor. During the period of debarment, the vendor is not eligible to participate in any state contract. After the debarment period expires, the vendor shall be eligible to be awarded contracts by state agencies.
(D) The director, through the office of information technology and the office of procurement department of administrative services, shall maintain a list of all vendors currently debarred under this section.
Sec. 125.45. The department of administrative services
shall maintain facilities to perform office reproduction services
for all boards, commissions, or departments except for the bureau
of workers' compensation. Upon written application to the
department of administrative services, permission may be granted
to a board, commission, or department to perform such services
outside the central facility and such permission shall state the
extent of the services which the department, board, or commission
shall perform.
Office reproduction services using stencils, masters, or
plates are restricted to duplicating equipment not larger than
seventeen by twenty-two inches. Not to exceed five thousand
press impressions shall be produced of any such order except that
up to one thousand production copies may be produced of any item
consisting of multiple pages and except that over five thousand, but not more
than ten thousand, press impressions may be produced if the director of
administrative services determines that there is an emergency due to the
timing of service delivery or another factor that may cause financial hardship
to the state.
Nothing in this section precludes the bureau from entering
into a contract with the department of administrative services
for the department to perform office reproduction services for
the bureau.
Neither the department nor any other No state agency, other than the department of administrative services, shall perform printing or
office reproduction services for political subdivisions.
Sec. 125.93. The state forms management program
shall do each of the following:
(A) Assist state agencies in establishing internal forms
management capabilities;
(B) Study, develop, coordinate, and initiate forms of
interagency and common administrative usage, and establish basic
design and specification criteria to standardize state forms;
(C) Assist state agencies to design economical forms;
(D)(C) Assist, train, and instruct state agencies and their
forms management representatives in forms management techniques,
and provide direct forms management assistance to new state
agencies as they are created;
(E) Maintain a central forms repository of all state forms to
facilitate standardization of the forms, eliminate redundant
forms, and provide a central source of information on forms usage
and availability.
Sec. 125.96. The director of administrative services may
adopt, amend, or rescind rules necessary to carry out the powers
and duties imposed upon the state forms management program and state agencies by sections 125.92 to 125.98 of the Revised
Code. The director shall adopt, and may amend or rescind, rules
providing each of the following:
(A) After a date to be determined by the state forms management program, no
state agency shall utilize any form, other than a form subject to
division (B) of section 125.95 of the Revised Code, the
management of which has not been delegated to the agency by the
program under division (A) of that section or been approved by the program.
(B) The notice required by section 125.97 of the Revised
Code shall appear in a standard place and a standard manner on
each form to which the notice applies, and shall include
specified indicia of approval by the state forms management program.
(C) Any form required by a state agency on an emergency
basis may be given interim approval by the state forms management program if the
form is accompanied by a letter from the director or other head
of the agency setting forth the nature of the emergency and
requesting interim approval.
Sec. 125.97. All forms, other than those forms subject to division (B) of
section 125.95 of the Revised Code, used to obtain information from private
business, agriculture, or local governments, except those forms used by the tax commissioner for administration of taxes and programs, shall contain a conspicuous notice
on the first page setting forth the authorization for the form and stating
whether providing the information sought is required or voluntary, and any
penalties that apply to failure to provide the information.
Sec. 125.98. (A) Each state agency shall appoint a forms
management representative, who may be from existing personnel. The appointee
shall cooperate with, and provide other
necessary assistance to, the director of administrative services and the
state forms management program in implementing the
program. A forms management representative shall do
all of the following:
(1) Manage the agency's forms management program and cooperate with and
provide other necessary assistance to the director of administrative services
in implementing the state forms management program;
(2) Monitor the use and reproduction of all forms to ensure that all
policies, procedures, guidelines, and standards established by the agency and
the director of administrative services are followed;
(3) Ensure that every form used by the agency is presented to the state forms
management program for registration prior to its reproduction;
(4) Maintain a master forms file history file, in numeric order, of all
agency forms;
(5) Verify and update the all historical information on all forms in the agency's central forms repository database.
(B) Any state agency, as defined in section 1.60 of the Revised
Code,
not included within the definition of a state agency in section 125.91 of the
Revised Code may elect to participate in the state forms management program. The program may provide
to any such agency any service required or authorized by sections 125.92 to
125.98 of the Revised Code to be performed for a state agency.
Sec. 126.03. (A) The director of budget and management shall:
(1) Prepare biennially a capital plan and, with the
concurrence of the governor, submit it to the
general assembly. The capital plan shall contain recommendations
as to the acquisition of real estate and the construction of
public improvements. The capital plan shall extend through a
period of at least six years in the future and shall identify the
projects which should be undertaken in each biennium
of the
period through which the plan extends, together with estimated
costs of all such recommended projects.
(2) Require biennially, from the chief administrative
authorities of affected state agencies, their recommendations as
to the acquisition of real estate and construction of public
improvements which will be needed through a period of at least
six years in the future, together with a description of each
proposed public improvement and the estimated capacity of the
improvement in terms of its proposed use, a demonstration of the
need for the real estate or public improvement, the benefits in
governmental operations expected to result from the acquisition
or construction, the state agencies which will occupy or control
the real estate or improvement, and the location of the real
estate or public improvement. The director shall evaluate such
recommended projects as to their validity and as to the
comparative degree of need among them; notify the chief
administrative authorities of the recommending agencies of the
action taken on each such recommendation; and consult with and
seek the recommendations of the chief administrative authorities
of the affected agencies on all projects being considered for
inclusion in the capital plan, whether originally proposed by the
director of budget and management or by a state agency.
(3) At the request and with the concurrence
of the governor, prepare and recommend to the general assembly a
biennial capital budget that includes the
recommendations of the
director as to projects to be undertaken
or revised during the fiscal biennium following the latest biennium
for which a capital appropriations act was enacted. The capital
budget shall
include all projects which the director considers to be necessary
and feasible, whether originally proposed by the director or
by a state agency.
(B) In the capital plan and capital budget prepared under this
section, the director of budget and management shall not provide for the
acquisition of rights-of-way for, construction of, or reconstruction of
transportation facilities by the director of transportation, other than
transportation facilities financed by the Ohio building authority.
Division (A)(2) of this section does not require the director of
transportation to provide to the director of budget and management
recommendations for the acquisition of rights-of-way for, construction of, or
reconstruction of transportation facilities, other than transportation
facilities financed by the Ohio building authority.
(C)(1) In order to reflect the issuance of obligations under division (C) of section 183.51 of the Revised Code in lieu of direct obligations of the state, each capital budget prepared and recommended shall limit capital appropriations funded by direct obligations of the state as necessary to ensure that debt service payable from the general revenue fund in a fiscal year shall not exceed the following percentages of the total estimated revenue of the state for the general revenue fund plus net state lottery proceeds:
(a) Four and one-quarter per cent for fiscal years 2009 through 2012;
(b) Four and one-half per cent for fiscal years 2013 through 2020.
(2) The percentages described in division (C)(1) of this section shall be calculated in accordance with section 126.16 of the Revised Code and Article VIII, Section 17, Ohio Constitution. The percentage may be adjusted or waived by the controlling board on request of the director. The director shall notify the president of the senate, the speaker of the house of representatives, and the chairpersons of the finance and appropriations committees of the house of representatives and senate whenever any issuance of direct obligations of the state results in debt service payable from the general revenue fund exceeding the applicable limitation described in division (C)(1) of this section.
Sec. 126.04. Funds appropriated for purposes of fulfilling the state's obligations under the consent order filed March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United States district court for the southern district of Ohio, eastern division, shall be in an appropriation item that authorizes expenditures only for purposes of fulfilling the state's obligations under the consent order.
Sec. 126.07. No Except as provided in division (B) of section 126.21 of the Revised Code, no contract, agreement, or obligation
involving the expenditure of money chargeable to an
appropriation, nor any resolution or order for the expenditure of
money chargeable to an appropriation, shall be valid and
enforceable unless the director of budget and management first
certifies that there is a balance in the appropriation not
already obligated to pay existing obligations, in an amount at least
equal to
the portion of the contract, agreement, obligation, resolution, or order to be
performed in the current fiscal year. Any written
contract or agreement entered into by the state shall contain a
clause stating that the obligations of the state are subject to
this section.
The chief administrative officer of a state agency is responsible for the preaudit and approval of expenditures and other transactions of the agency. In order to make initiate the making of a payment from the state treasury, the person in a state
agency who requests that the payment be made shall first submit to the director chief administrative officer of the agency all invoices, claims,
vouchers, and other evidentiary matter documentation related to the payment.
If the director approves payment to be made, the director
shall draw a warrant as
provided in section 126.35 of the Revised Code. The chief administrative officer shall examine each voucher and all other documentation required to support the voucher and determine whether they meet all the requirements established by the director of budget and management for making the payment. If they do meet those requirements, the chief administrative officer shall certify to the director the approval of the chief administrative officer for payment.
Prior to drawing a warrant as provided in section 126.35 of the Revised Code, the director may review and audit the voucher, any documentation accompanying the voucher, and any other documentation related to the transaction that the director may require to determine if the transaction is in accordance with law. The director
shall not approve payment to be made if the director finds
that there is
not an unobligated balance in the appropriation for the payment,
that the payment is not for a valid claim against the state that
is legally due, or that insufficient evidentiary matter documentation has been
submitted. If the director does not approve payment, the
director shall
notify the agency of the reasons the director has not given
approval.
In approving payments to be made under this section, the
director, upon receipt of certification from the
director of job and family
services pursuant to
section 4141.231 of
the Revised Code, shall withhold from amounts otherwise payable
to a person who is the subject of the director of
jobs and family services'
certification, the amount certified to be due and unpaid to the
director of job and family
services, and shall approve for payment to
the director of job and family
services, the amount withheld.
As used in this section and in section 126.21 of the Revised Code, "chief administrative officer" means either of the following:
(A) The director of the agency or, in the case of a state agency without a director, the equivalent officer of that agency;
(B) The designee of the chief administrative officer for the purposes of such sections.
Sec. 126.08. The director of budget and management may
exercise control over the financial transactions of state
agencies, including approving, disapproving, voiding, or invalidating encumbrances or transactions, except those in the judicial and legislative branches,
by:
(A) Requiring encumbrancing documents or any other
financial information to be submitted to the director, where such
submission is prescribed by law or where the director considers
such submission necessary to evaluate the legality of a proposed an
expenditure, and by approving or disapproving any encumbrance
requested, except that the director shall not disapprove any
encumbrancing document submitted by the attorney general, auditor
of state, secretary of state, or treasurer of state unless there
is an insufficient unobligated balance in the appropriation or
the encumbrance does not meet all other legal requirements.
Those portions of an appropriation that are encumbered are not
available for expenditure for any purpose other than that
indicated on the encumbrancing document. If any requirements of
the director regarding the submission of encumbrancing documents
or other financial information are not complied with, or if any
encumbrancing document is disapproved in whole or in part, the
director shall notify the submitting agency thereof and shall not
authorize payment unless the reasons for disapproval are
corrected.
(B) Requiring the allocation and allotment of any
appropriation by quarter or by any other period of time.
(C) Reporting to the attorney general for such action,
civil or criminal, as the attorney general considers necessary,
all facts showing improper payment of public money or
misappropriation of public property;
(D) By adopting rules for carrying into effect any powers
granted by this chapter.
Sec. 125.18 126.17. (A) There is hereby established the office of information technology housed within the department of administrative services. The office shall be under the supervision position of a chief information officer to state chief information officer, who shall be appointed by the governor director of budget and management and subject to removal at the pleasure of the governor director. The chief information officer shall serve as the director of the office. The state chief information officer shall report to the director of budget and management and shall be an assistant director of the office of budget and management in addition to the assistant director created in section 121.05 of the Revised Code. There is hereby created the office of information technology in the office of budget and management. The office of information technology shall be supervised by the state chief information officer, subject to the authority of the director of budget and management. The state chief information officer shall have all authority granted to the office of information technology, and the exercise of that authority shall be subject to the approval of the director of budget and management.
(B) The director of the office of information technology state chief information officer shall advise annually submit a report to the governor regarding the statewide superintendence of information technology and implementation of statewide information technology policy.
(C) The director of the office of information technology state chief information officer shall lead, oversee, and direct state agency activities related to information technology development and use. In that regard, the director state chief information officer shall do all of the following:
(1) Coordinate and superintend statewide efforts to promote common use and development of technology by state agencies. The office of information technology shall establish policies and standards that govern and direct state agency participation in statewide programs and initiatives.
(2) Establish policies and standards for the acquisition and use of information technology by state agencies, including, but not limited to, hardware, software, technology services, and security, with which state agencies shall comply;
(3) Establish criteria and review processes to identify state agency information technology projects that require alignment or oversight. As appropriate, the office of information technology state chief information officer shall provide the governor and the director of budget and management with notice and advice regarding the appropriate allocation of resources for those projects. The director of the office of information technology state chief information officer may require state agencies to provide, and may prescribe the form and manner by which they state agencies must provide, and may require state agencies to provide, information to fulfill the director's state chief information officer's alignment and oversight role.
(D) The office of information technology shall have has the same authority given to the department of administative services under for the purchase of information technology supplies and services for state agencies consistent with sections 125.01, 125.011, 125.02, 125.023, 125.04, 125.05, 125.06, 125.07, 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, 125.15, and 125.25 of the Revised Code for the purchase of information technology supplies and services for state agencies.
(E) The office of information technology may make contracts for, operate, and superintend technology supplies and services for state agencies in accordance with this chapter.
(F) The office of information technology may establish cooperative agreements with federal and local government agencies and state agencies that are not under the authority of the governor for the provision of technology services and the development of technology projects.
(G) As used in this section, "state agency" means includes every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, other than any state-supported institution of higher education, the office of the auditor of state, treasurer of state, secretary of state, or attorney general, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, the general assembly or any legislative agency, or the courts or any judicial agency.
(H) There is hereby created in the state treasury the IT governance fund for the purpose of carrying out the office of information technology's responsibilities described in this section. The fund shall consist of revenues generated from payroll charges, billed services, administrative assessments, and other revenues designated to support the responsibilities described in this section.
Sec. 125.30 126.18. (A) The department of administrative services office of information technology shall
do both of the following:
(1) Create a business reply form that is capable of containing
information that a private business is required to provide to state
agencies on a regular basis. The director of administrative services office of information technology shall
adopt rules in accordance with Chapter 119. of the Revised Code specifying the
information that the form shall contain. Subject to division (E) of
this section, state State agencies shall use the business
reply form to obtain information from private businesses.
(2) Create an on-line computer network system to allow private businesses
to electronically file the business reply form Maintain the Ohio business gateway, as defined in section 718.051 of the Revised Code.
In creating the business reply form described in division (A)(1)
of this section, the director office of information technology may consider the recommendations of interested
parties from the small business community who have direct knowledge of and
familiarity with the current state reporting requirements that apply to, and
the associated forms that are filed by, small businesses.
(B) The director office of information technology shall establish
procedures by which state agencies may share the information that is collected
through the form established under division (A) of this
section.
These procedures shall provide that information that has been
designated as
confidential by any state agency shall not be made available to
the other
state agencies having access to the business reply form.
(C) Not later than September 30, 1999, the
director The office of information technology may report to the
director of budget
and management and to the committees that handle having jurisdiction over finance and the committees
that handle state government affairs in the house of representatives and the
senate on the
progress of state agencies in complying with division (A)(1) of this
section. The director office of information technology may recommend a five per cent reduction in the
future appropriations of any state agency that has failed to comply with that
division without good cause.
(D) As used in this section:
(1) "State agency" means the secretary of state, the
department of job and family
services regarding duties it performs pursuant to Title
XLI of the Revised Code, the bureau of
workers' compensation, the department of administrative services, and any
other state agency that elects to participate in the pilot program as
provided in division (E) of this section has the same meaning as defined in section 126.17 of the Revised Code.
(2) "Form" has the same meaning as in division (B) of defined in section
125.91 of the Revised Code.
(E) The provisions of this section pertaining to the business
reply form constitute a two-year pilot program. Not later than one year after
January 21,
1998, the department of administrative services
shall complete the planning and preparation that is necessary to implement the
pilot program. The director of administrative services may request other
state agencies, as defined in division (A) of section 125.91 of the Revised
Code, to
participate in the pilot program. If the director so requests, the state
agency may participate in the program. The provisions of this section shall
cease to have effect three years after January 21,
1998.
Within ninety days after the completion of the pilot program, the director of
administrative services shall report to the director of budget and management
and the committees described in division (C) of this section on the
effectiveness of the pilot program.
Sec. 126.19. (A) There is established the multi-agency radio communications system (MARCS). The system shall be a computer and communications network to provide voice and data communications statewide maintained by the office of information technology. MARCS shall supply a communications backbone for statewide public safety uses in a single system shared by several state agencies. The system shall provide mobile voice, data, vehicle location services, and computer-aided dispatching. The office of information technology shall promote MARCS as a statewide interoperable communications system for public safety agencies at all levels of government. Subject to the approval of the MARCS steering committee, the office of information technology may make MARCS available to agencies for uses not related to public safety.
(B) There is hereby established a MARCS steering committee consisting of the designees of the state chief information officer; the directors of public safety, health, natural resources, transportation, rehabilitation and correction, and youth services; and a designee not from a state agency who shall be appointed by the state chief information officer. The state chief information officer or the officer's designee shall chair the committee. The committee shall provide assistance to the office of information technology for effective and efficient implementation of the MARCS system as well as develop policies for the ongoing management of the system. Upon dates prescribed by the state chief information officer, the MARCS steering committee shall report to the state chief information officer on the progress of MARCS implementation and the development of policies related to the system. The MARCS steering committee may permit secondary uses of MARCS not related to public safety so long as those secondary uses do not interfere with the system's primary use for public safety.
Sec. 126.21. (A) The director of budget and management
shall do all
of the following:
(1) Keep all necessary accounting records;
(2) Prescribe and maintain the accounting system of the
state and establish appropriate accounting procedures and charts
of accounts;
(3) Establish procedures for the use of written,
electronic,
optical, or
other communications media for approving and reviewing payment
vouchers;
(4) Reconcile, in the case of any variation between the
amount of any appropriation and the aggregate amount of items
of
the appropriation, with the advice and assistance of
the state
agency
affected by it and the
legislative service commission,
totals so as to correspond in the
aggregate with the total
appropriation. In the case of a
conflict
between the item and the
total of which it is a part,
the item
shall be considered the
intended appropriation.
(5) Evaluate on an ongoing basis and, if necessary,
recommend improvements to the internal controls used in state
agencies;
(6) Authorize the establishment of petty cash
accounts. The
director of budget and management may withdraw approval for
any
petty cash account and require the officer in charge to
return to
the state treasury any unexpended balance shown by
the officer's
accounts to be on hand. Any officer who is issued a
warrant for
petty cash shall render a detailed account of the expenditures of
the petty cash and shall report when requested the balance
of
petty cash on hand at any time.
(7) Process orders, invoices, vouchers, claims, and
payrolls
and prepare financial reports and statements;
(8) Perform extensions, reviews, and
compliance
checks prior
to or after approving a payment as the director considers
necessary;
(9) Issue the official comprehensive annual financial
report
of the state. The report shall cover all funds
of the state
reporting entity and shall include
basic financial statements
and
required supplementary information
prepared in accordance with
generally accepted accounting
principles and other
information as
the director provides. All
state agencies,
authorities,
institutions, offices, retirement
systems, and other
component
units of the state reporting entity
as determined by
the director
shall furnish the director whatever
financial
statements and other
information the director requests
for
the report, in the form, at
the times,
covering the periods,
and with the
attestation the
director prescribes. The information
for state
institutions of
higher education, as defined in
section
3345.011 of the Revised
Code, shall be submitted to the
director chancellor
by the Ohio board of
regents. The board shall establish
a due
date by which each such
institution shall submit the
information
to the board, but no such
date shall be later than
one hundred
twenty days after the end of
the state fiscal year
unless a later
date is approved by the
director.
(B) In addition to the director's duties under division
(A)
of this section, the director of budget and management may
establish and administer one or more state payment card programs
that permit or
require state agencies to use a payment card to
purchase equipment, materials,
supplies, or services in accordance
with guidelines issued by the director. The chief administrative officer of a state agency that uses a payment card for such purposes shall ensure that purchases made with the card are made in accordance with the guidelines issued by the director and do not exceed the unexpended, unencumbered, unobligated balance in the appropriation to be charged for the purchase.
State agencies may only participate in only those state
payment card programs that the director establishes pursuant to
this section.
(C) In addition to the director's duties under divisions (A) and (B) of this section, the director may enter into any contract or agreement necessary for and incidental to the performance of the director's duties or the duties of the office of budget and management.
Sec. 126.22. The director of budget and management may:
(A) Perform accounting services for and design and implement
accounting systems with state agencies;
(B) Provide other accounting services, including the maintenance and periodic auditing of the financial records of and submission of vouchers by state agencies, provision of assistance in the analysis of the financial position of state agencies, and preparation and
submission of reports;
(C) Change any accounting code appearing in appropriations acts of the
general assembly.
Sec. 126.24. The OAKS support organization fund is hereby created in the state treasury for the purpose of paying the operating expenses of the state's enterprise resource planning system. The fund shall consist of cash transfers from the accounting and budgeting fund and the human resources services fund, and other revenues designated to support the operating costs of the Ohio administrative knowledge system. All investment earnings of the fund shall be credited to the fund.
Sec. 126.40. There is hereby created in the state treasury the forgery recovery fund. The fund shall consist of all moneys collected by the attorney general from the resolution of cases of fraud or forgery involving warrants issued by the director of the office of budget and management. The director shall use the fund to pay costs associated with the reissue of state warrants to payees whose warrants were fraudulently redeemed.
Sec. 127.16. (A) Upon the request of either a state
agency
or the director of budget and management and after the
controlling
board determines that an emergency or a sufficient
economic reason
exists, the controlling board may approve
the making of a purchase
without competitive selection as provided in
division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would
amount to fifty thousand dollars or more when combined with
both
the amount of all disbursements to the supplier during the
fiscal
year for purchases made by the agency and the amount of
all
outstanding encumbrances for purchases made by the agency
from the
supplier, unless the purchase is made by competitive
selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier
during the fiscal year for real estate leases made by
the agency
and the amount of all outstanding encumbrances for
real estate
leases made by the agency from the supplier, unless
the lease is
made by competitive selection or with the approval
of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider agreements under the disability medical assistance program established under Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records
of the amounts of money spent under each contract and
annually
files those records with the clerk of the
house of representatives
and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract
for reclamation work with
an operator
mining adjacent land as provided in section 1513.27 of
the
Revised Code;
(6) Applying to investment transactions and procedures of
any state agency, except that the agency shall file with the
board
the name of any person with whom the agency contracts to
make,
broker, service, or otherwise manage its investments, as
well as
the commission, rate, or schedule of charges of such
person with
respect to any investment transactions to be
undertaken on behalf
of the agency. The filing shall be in a
form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services commission of services, or supplies, that are provided
to
persons with disabilities, or to purchases made by the
commission
in connection with the eligibility determinations it
makes for
applicants of programs administered by the social
security
administration;
(9) Applying to payments by the department of job and
family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the
state government;
(11) Applying to agreements or contracts entered into under
section
5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor
control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets,
newspapers, maintenance subscriptions, and other
published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental
protection to enter into contracts under division
(D) of section
3745.14 of the Revised Code to conduct compliance
reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of the Revised
Code;
(26) Applying to payments by the department of job and
family
services to the United States department of health and
human
services for printing and mailing notices pertaining to the
tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of
mental retardation and developmental disabilities under
sections
section 5123.18, 5123.182, and 5123.199 of the Revised Code;
(28) Applying to payments made by the department of mental
health under a
physician recruitment program authorized by section
5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the
director of commerce for unclaimed funds collection and
remittance
efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of
unclaimed funds collected by those
persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher
education
in accordance with the terms of a contract
between the vendor and an
inter-university purchasing group
comprised of purchasing officers of state
institutions of higher
education;
(31) Applying to the department of job and family
services'
purchases of health
assistance services under the children's
health insurance program part
I provided for under section 5101.50
of the Revised Code or the children's
health
insurance program
part II provided for under section 5101.51
of the Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (B) of section 5126.056
of the Revised Code;
(34) Applying to reimbursements paid to the United States department of veterans affairs for pharmaceutical and patient supply purchases made on behalf of the Ohio veterans' home agency;
(35) Applying to agreements entered into with terminal distributors of dangerous drugs under section 173.79 of the Revised Code;
(36) Applying to payments by the superintendent of the bureau of criminal identification and investigation to the federal bureau of investigation for criminal records checks pursuant to section 109.572 of the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the
cumulative purchase threshold shall be seventy-five thousand
dollars for the departments of mental retardation and
developmental disabilities, mental health, rehabilitation and
correction, and youth services.
(F) When determining whether a state agency has reached
the
cumulative purchase thresholds established in divisions
(B)(1),
(B)(2), and (E) of this section, all of the following
purchases by
such agency shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the thresholds of divisions (B)(1)
and (E) of this section only, leases of real estate.
(G) As used in this section,
"competitive selection,"
"purchase,"
"supplies," and
"services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 131.44. (A) As used in this section:
(1) "Surplus revenue" means the excess, if any, of the
total fund balance over the required year-end balance.
(2) "Total fund balance" means the sum of the unencumbered
balance in the general revenue fund on the last day of the
preceding fiscal year plus the balance in the budget
stabilization fund.
(3) "Required year-end balance" means the sum of the
following:
(a) Five per cent of the general
revenue fund revenues for the preceding fiscal year;
(b) "Ending fund balance," which means
one-half of one per cent of general revenue fund revenues for
the preceding fiscal year;
(c) "Carryover balance," which means,
with respect to a fiscal biennium, the excess, if any, of the
estimated general revenue fund appropriation and transfer
requirement for the second fiscal year of the biennium over the
estimated general revenue fund revenue for that fiscal
year;
(d) "Capital appropriation reserve,"
which means the amount, if any, of general revenue fund capital
appropriations made for the current biennium that the director
of budget and management has determined will be encumbered or
disbursed;
(e) "Income tax reduction impact
reserve," which means an amount equal to the reduction projected
by the director of budget and management in income tax revenue
in the current fiscal year attributable to the previous
reduction in the income tax rate made by the tax commissioner
pursuant to division (B) of
section 5747.02 of the Revised
Code.
(4) "Estimated general revenue fund appropriation and
transfer requirement" means the most recent adjusted
appropriations made by the general assembly from the general
revenue fund and includes both of the following:
(a) Appropriations made and transfers
of appropriations from the first fiscal year to the second fiscal
year of the biennium in provisions of acts of the general
assembly signed by the governor but not yet effective;
(b) Transfers of appropriation from
the first fiscal year to the second fiscal year of the biennium
approved by the controlling board.
(5) "Estimated general revenue fund revenue" means the
most recent such estimate available to the director of budget
and management.
(B)(1) Not later than the thirty-first day
of July each year, the director of budget and
management shall determine the surplus revenue that existed on the preceding
thirtieth day of June and transfer from the general revenue fund, to the
extent of the unobligated, unencumbered balance on
the preceding thirtieth day of June
in excess of one-half of one per cent of the general
revenue fund revenues in the preceding fiscal year, the following:
(a) First, to the budget stabilization
fund, any amount necessary for the balance of the budget
stabilization fund to equal five per cent of the general revenue
fund revenues of the preceding fiscal year;
(b) Then, to the income tax reduction
fund, which is hereby created in the state treasury, an amount
equal to the surplus revenue.
(2) Not later than the thirty-first day of
July each year, the director shall determine the percentage that the balance
in the income tax reduction fund is of the amount of revenue that the
director estimates will be received
from the tax levied under
section 5747.02 of the Revised Code in the current fiscal year without regard
to any reduction under division
(B) of that section. If that percentage exceeds thirty-five one
hundredths of one per cent, the director shall certify
the percentage to the tax commissioner not later than the
thirty-first day of July.
(C) The director of budget and
management shall transfer money in the income tax reduction fund to the
general revenue fund, the local government fund, and the library and local
government support fund, and the local government revenue assistance fund as
necessary to offset revenue reductions resulting from the
reductions in taxes required under division
(B) of section 5747.02 of the Revised Code in the respective amounts and
percentages prescribed by divisions division (A)(1), (2), and (4) of section 5747.03 and divisions (A) and (B) of section 131.51 of
the Revised Code as if the
amount transferred had been collected as taxes under Chapter 5747.
of the Revised Code. If no reductions in taxes are made under that division
that affect revenue received in the current fiscal year, the
director shall not transfer money from the income tax reduction
fund to the general revenue fund, the local government fund, and the
library and local government support fund, and the local government revenue
assistance fund.
Sec. 131.51. (A) Beginning January 2008, on or before the fifth day of each month, the director of budget and management shall credit to the local government fund three and sixty-eight one hundredths per cent of total tax revenue credited to the general revenue fund during the preceding month. In determining the total tax revenue credited to the general revenue fund during the preceding month, the director shall include amounts transferred from that fund during the preceding month pursuant to divisions (A) and (B) of this section. Money shall be distributed from the local government fund as required under section 5747.50 of the Revised Code during the same month in which it is credited to the fund.
(B) Beginning January 2008, on or before the fifth day of each month, the director of budget and management shall credit to the library and local government support fund, two and twenty-two one hundredths per cent of the total tax revenue credited to the general revenue fund during the preceding month. In determining the total tax revenue credited to the general revenue fund during the preceding month, the director shall include amounts transferred from that fund during the preceding month pursuant to divisions (A) and (B) of this section. Money shall be distributed from the library and local government support fund as required under section 5747.47 of the Revised Code during the same month in which it is credited to the fund.
(C) The director of budget and management shall develop a schedule identifying the specific tax revenue sources to be used to make the monthly transfers required under divisions (A) and (B) of this section. The director may, from time to time, revise the schedule as the director considers necessary.
Sec. 133.01. As used in this chapter, in sections 9.95,
9.96, and 2151.655
of the Revised Code, in other sections of the
Revised Code that make reference to this chapter unless the
context does not permit, and in related proceedings, unless
otherwise expressly provided:
(A) "Acquisition" as applied to real or personal property
includes, among other forms of acquisition, acquisition by
exercise of a purchase option, and acquisition of interests in
property, including, without limitation, easements and
rights-of-way, and leasehold and other lease interests initially
extending or extendable for a period of at least sixty months.
(B) "Anticipatory securities" means securities, including
notes, issued in anticipation of the issuance of other
securities.
(C) "Board of elections" means the county board of
elections
of the county in which the subdivision is located. If
the
subdivision is located in more than one county, "board of
elections" means the county board of elections of the county that
contains the largest portion of the population of the subdivision
or that otherwise has jurisdiction in practice over and
customarily handles election matters relating to the subdivision.
(D) "Bond retirement fund" means the bond retirement fund
provided for in section 5705.09 of the Revised Code, and also
means a sinking fund or any other special fund, regardless of the
name applied to it, established by or pursuant to law or the
proceedings for the payment of debt charges. Provision may be
made in the applicable proceedings for the establishment in a
bond
retirement fund of separate accounts relating to debt
charges on
particular securities, or on securities payable from
the same or
common sources, and for the application of moneys in
those
accounts only to specified debt charges on specified
securities or
categories of securities. Subject to law and any
provisions in
the applicable proceedings, moneys in a bond
retirement fund or
separate account in a bond retirement fund may
be transferred to
other funds and accounts.
(E) "Capitalized interest" means all or a portion of the
interest payable on securities from their date to a date stated
or
provided for in the applicable legislation, which interest is
to
be paid from the proceeds of the securities.
(F) "Chapter 133. securities" means securities authorized
by
or issued pursuant to or in accordance with this chapter.
(G) "County auditor" means the county auditor of the
county
in which the subdivision is located. If the subdivision
is
located in more than one county, "county auditor" means the
county
auditor of the county that contains the highest amount of
the tax
valuation of the subdivision or that otherwise has
jurisdiction in
practice over and customarily handles property
tax matters
relating to the subdivision. In the case of a county
that has
adopted a charter, "county auditor" means the officer
who
generally has the duties and functions provided in the
Revised
Code for a county auditor.
(H) "Credit enhancement facilities" means letters of
credit,
lines of credit, stand-by, contingent, or firm securities
purchase
agreements, insurance, or surety arrangements,
guarantees, and
other arrangements that provide for direct or
contingent payment
of debt charges, for security or additional
security in the event
of nonpayment or default in respect of
securities, or for making
payment of debt charges to and at the
option and on demand of
securities holders or at the option of
the issuer or upon certain
conditions occurring under put or
similar arrangements, or for
otherwise supporting the credit or
liquidity of the securities,
and includes credit, reimbursement,
marketing, remarketing,
indexing, carrying, interest rate hedge,
and subrogation
agreements, and other agreements and arrangements
for payment and
reimbursement of the person providing the credit
enhancement
facility and the security for that payment and
reimbursement.
(I) "Current operating expenses" or "current expenses"
means
the lawful expenditures of a subdivision, except those for
permanent improvements and for payments of debt charges of the
subdivision.
(J) "Debt charges" means the principal, including any
mandatory sinking fund deposits and mandatory redemption
payments,
interest, and any redemption premium, payable on
securities as
those payments come due and are payable. The use
of "debt
charges" for this purpose does not imply that any
particular
securities constitute debt within the meaning of the
Ohio
Constitution or other laws.
(K) "Financing costs" means all costs and expenses
relating
to the authorization, including any required election,
issuance,
sale, delivery, authentication, deposit, custody,
clearing,
registration, transfer, exchange, fractionalization,
replacement,
payment, and servicing of securities, including,
without
limitation, costs and expenses for or relating to
publication and
printing, postage, delivery, preliminary and
final official
statements, offering circulars, and informational
statements,
travel and transportation, underwriters, placement
agents,
investment bankers, paying agents, registrars,
authenticating
agents, remarketing agents, custodians, clearing
agencies or
corporations, securities depositories, financial
advisory
services, certifications, audits, federal or state
regulatory
agencies, accounting and computation services, legal
services and
obtaining approving legal opinions and other legal
opinions,
credit ratings, redemption premiums, and credit
enhancement
facilities. Financing costs may be paid from any
moneys available
for the purpose, including, unless otherwise
provided in the
proceedings, from the proceeds of the securities
to which they
relate and, as to future financing costs, from the
same sources
from which debt charges on the securities are paid
and as though
debt charges.
(L) "Fiscal officer" means the following, or, in the case
of
absence or vacancy in the office, a deputy or assistant
authorized
by law or charter to act in the place of the named
officer, or if
there is no such authorization then the deputy or
assistant
authorized by legislation to act in the place of the
named officer
for purposes of this chapter, in the case of the
following
subdivisions:
(1) A county, the county auditor;
(2) A municipal corporation, the city auditor or village
clerk or clerk-treasurer, or the officer who, by virtue of a
charter, has the duties and functions provided in the Revised
Code
for the city auditor or village clerk or clerk-treasurer;
(3) A school district, the treasurer of the board of
education;
(4) A regional water and sewer district, the secretary of
the board of trustees;
(5) A joint township hospital district, the treasurer of
the
district;
(6) A joint ambulance district, the clerk of the board of
trustees;
(7) A joint recreation district, the person designated
pursuant to section 755.15 of the Revised Code;
(8) A detention facility district or a district organized
under section 2151.65 of the Revised Code or a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
the county auditor of the county designated by law to act as the
auditor of the district;
(9) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the fiscal officer of
the township;
(10) A joint fire district, the clerk of the board of
trustees of that district;
(11) A regional or county library district, the person
responsible for the financial affairs of that district;
(12) A joint solid waste management district, the fiscal
officer appointed by the board of directors of the district under
section 343.01 of the Revised Code;
(13) A joint emergency medical services district, the person
appointed as
fiscal officer pursuant to division (D) of section
307.053 of the Revised
Code;
(14) A fire and ambulance district, the person appointed as
fiscal officer
under division (B) of section 505.375 of the
Revised Code;
(15) A subdivision described in division (MM)(17) of
this
section, the officer who is designated by law as or performs
the
functions of its chief fiscal officer.
(M) "Fiscal year" has the same meaning as in section 9.34
of
the Revised Code.
(N) "Fractionalized interests in public obligations" means
participations, certificates of participation, shares, or other
instruments or agreements, separate from the public obligations
themselves, evidencing ownership of interests in public
obligations or of rights to receive payments of, or on account
of,
principal or interest or their equivalents payable by or on
behalf
of an obligor pursuant to public obligations.
(O) "Fully registered securities" means securities in
certificated or uncertificated form, registered as to both
principal and interest in the name of the owner.
(P) "Fund" means to provide for the payment of debt
charges
and expenses related to that payment at or prior to
retirement by
purchase, call for redemption, payment at maturity,
or otherwise.
(Q) "General obligation" means securities to the payment
of
debt charges on which the full faith and credit and the
general
property taxing power, including taxes within the tax
limitation
if available to the subdivision, of the subdivision
are pledged.
(R) "Interest" or "interest equivalent" means those
payments
or portions of payments, however denominated, that
constitute or
represent consideration for forbearing the
collection of money, or
for deferring the receipt of payment of
money to a future time.
(S) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended,
and
includes any laws of the United States providing for
application
of that code.
(T) "Issuer" means any public issuer and any nonprofit
corporation authorized to issue securities for or on behalf of
any
public issuer.
(U) "Legislation" means an ordinance or resolution passed
by
a majority affirmative vote of the then members of the taxing
authority unless a different vote is required by charter
provisions governing the passage of the particular legislation by
the taxing authority.
(V) "Mandatory sinking fund redemption requirements" means
amounts required by proceedings to be deposited in a bond
retirement fund for the purpose of paying in any year or fiscal
year by mandatory redemption prior to stated maturity the
principal of securities that is due and payable, except for
mandatory prior redemption requirements as provided in those
proceedings, in a subsequent year or fiscal year.
(W) "Mandatory sinking fund requirements" means amounts
required by proceedings to be deposited in a year or fiscal year
in a bond retirement fund for the purpose of paying the principal
of securities that is due and payable in a subsequent year or
fiscal year.
(X) "Net indebtedness" has the same meaning as in division
(A) of section 133.04 of the Revised Code.
(Y) "Obligor," in the case of securities or fractionalized
interests in public obligations issued by another person the debt
charges or their equivalents on which are payable from payments
made by a public issuer, means that public issuer.
(Z) "One purpose" relating to permanent improvements means
any one permanent improvement or group or category of permanent
improvements for the same utility, enterprise, system, or
project,
development or redevelopment project, or for or devoted
to the
same general purpose, function, or use or for which
self-supporting securities, based on the same or different
sources
of revenues, may be issued or for which special
assessments may be
levied by a single ordinance or resolution.
"One purpose"
includes, but is not limited to, in any case any
off-street
parking facilities relating to another permanent
improvement, and:
(1) Any number of roads, highways, streets, bridges,
sidewalks, and viaducts;
(2) Any number of off-street parking facilities;
(3) In the case of a county, any number of permanent
improvements for courthouse, jail, county offices, and other
county buildings, and related facilities;
(4) In the case of a school district, any number of
facilities and buildings for school district purposes, and
related
facilities.
(AA) "Outstanding," referring to securities, means
securities that have been issued, delivered, and paid for, except
any of the following:
(1) Securities canceled upon surrender, exchange, or
transfer, or upon payment or redemption;
(2) Securities in replacement of which or in exchange for
which other securities have been issued;
(3) Securities for the payment, or redemption or purchase
for cancellation prior to maturity, of which sufficient moneys or
investments, in accordance with the applicable legislation or
other proceedings or any applicable law, by mandatory sinking
fund
redemption requirements, mandatory sinking fund
requirements, or
otherwise, have been deposited, and credited for
the purpose in a
bond retirement fund or with a trustee or paying
or escrow agent,
whether at or prior to their maturity or
redemption, and, in the
case of securities to be redeemed prior
to their stated maturity,
notice of redemption has been given or
satisfactory arrangements
have been made for giving notice of
that redemption, or waiver of
that notice by or on behalf of the
affected security holders has
been filed with the subdivision or
its agent for the purpose.
(BB) "Paying agent" means the one or more banks, trust
companies, or other financial institutions or qualified persons,
including an appropriate office or officer of the subdivision,
designated as a paying agent or place of payment of debt charges
on the particular securities.
(CC) "Permanent improvement" or "improvement" means any
property, asset, or improvement certified by the fiscal officer,
which certification is conclusive, as having an estimated life or
period of usefulness of five years or more, and includes, but is
not limited to, real estate, buildings, and personal property and
interests in real estate, buildings, and personal property,
equipment, furnishings, and site improvements, and
reconstruction,
rehabilitation, renovation, installation,
improvement,
enlargement, and extension of property, assets, or
improvements so
certified as having an estimated life or period
of usefulness of
five years or more. The acquisition of all the
stock ownership of
a corporation is the acquisition of a
permanent improvement to the
extent that the value of that stock
is represented by permanent
improvements. A permanent
improvement for parking, highway, road,
and street purposes
includes resurfacing, but does not include
ordinary repair.
(DD) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes any federal, state,
interstate,
regional, or local governmental agency, any
subdivision, and any
combination of those persons.
(EE) "Proceedings" means the legislation, certifications,
notices, orders, sale proceedings, trust agreement or indenture,
mortgage, lease, lease-purchase agreement, assignment, credit
enhancement facility agreements, and other agreements,
instruments, and documents, as amended and supplemented, and any
election proceedings, authorizing, or providing for the terms and
conditions applicable to, or providing for the security or sale
or
award of, public obligations, and includes the provisions set
forth or incorporated in those public obligations and
proceedings.
(FF) "Public issuer" means any of the following that is
authorized by law to issue securities or enter into public
obligations:
(1) The state, including an agency, commission, officer,
institution, board, authority, or other instrumentality of the
state;
(2) A taxing authority, subdivision, district, or other
local public or governmental entity, and any combination or
consortium, or public division, district, commission, authority,
department, board, officer, or institution, thereof;
(3) Any other body corporate and politic, or other public
entity.
(GG) "Public obligations" means both of the following:
(2) Obligations of a public issuer to make payments under
installment sale, lease, lease purchase, or similar agreements,
which obligations bear interest or interest equivalent.
(HH) "Refund" means to fund and retire outstanding
securities, including advance refunding with or without payment
or
redemption prior to maturity.
(II) "Register" means the books kept and maintained by the
registrar for registration, exchange, and transfer of registered
securities.
(JJ) "Registrar" means the person responsible for keeping
the register for the particular registered securities, designated
by or pursuant to the proceedings.
(KK) "Securities" means bonds, notes, certificates of
indebtedness, commercial paper, and other instruments in writing,
including, unless the context does not admit, anticipatory
securities, issued by an issuer to evidence its obligation to
repay money borrowed, or to pay interest, by, or to pay at any
future time other money obligations of, the issuer of the
securities, but not including public obligations described in
division (GG)(2) of this section.
(LL) "Self-supporting securities" means securities or
portions of securities issued for the purpose of paying costs of
permanent improvements to the extent that receipts of the
subdivision, other than the proceeds of taxes levied by that
subdivision, derived from or with respect to the improvements or
the operation of the improvements being financed, or the
enterprise, system, project, or category of improvements of which
the improvements being financed are part, are estimated by the
fiscal officer to be sufficient to pay the current expenses of
that operation or of those improvements or enterprise, system,
project, or categories of improvements and the debt charges
payable from those receipts on securities issued for the purpose.
Until such time as the improvements or increases in rates and
charges have been in operation or effect for a period of at least
six months, the receipts therefrom, for purposes of this
definition, shall be those estimated by the fiscal officer,
except
that those receipts may include, without limitation,
payments made
and to be made to the subdivision under leases or
agreements in
effect at the time the estimate is made. In the
case of an
operation, improvements, or enterprise, system,
project, or
category of improvements without at least a six-month
history of
receipts, the estimate of receipts by the fiscal
officer, other
than those to be derived under leases and
agreements then in
effect, shall be confirmed by the taxing
authority.
(MM) "Subdivision" means any of the following:
(1) A county, including a county that has adopted a
charter
under Article X, Ohio Constitution;
(2) A municipal corporation, including a municipal
corporation that has adopted a charter under Article XVIII, Ohio
Constitution;
(4) A regional water and sewer district organized under
Chapter 6119. of the Revised Code;
(5) A joint township hospital district organized under
section 513.07 of the Revised Code;
(6) A joint ambulance district organized under section
505.71 of the Revised Code;
(7) A joint recreation district organized under division
(C)
of section 755.14 of the Revised Code;
(8) A detention facility district organized under section
2152.41, a district organized under section 2151.65,
or a
combined
district organized under sections 2152.41 and
2151.65 of
the
Revised Code;
(9) A township police district organized under section
505.48 of the Revised Code;
(11) A joint fire district organized under section 505.371
of the Revised Code;
(12) A county library district created under section
3375.19
or a regional library district created under section
3375.28 of
the Revised Code;
(13) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code;
(14) A joint emergency medical services district organized
under section
307.052 of the Revised Code;
(15) A fire and ambulance district organized under section
505.375 of the
Revised Code;
(16)
A fire district organized under division (C) of section
505.37 of the Revised Code;
(17) Any other political subdivision or taxing district or
other local public body or agency authorized by this chapter or
other laws to issue Chapter 133. securities.
(NN) "Taxing authority" means in the case of the following
subdivisions:
(1) A county, a county library district, or a regional
library district, the board or boards of county commissioners, or
other legislative authority of a county that has adopted a
charter
under Article X, Ohio Constitution, but with respect to
such a
library district acting solely as agent for the board of
trustees
of that district;
(2) A municipal corporation, the legislative authority;
(3) A school district, the board of education;
(4) A regional water and sewer district, a joint ambulance
district, a joint recreation district, a fire and ambulance
district, or a
joint fire district,
the board of trustees of the
district;
(5) A joint township hospital district, the joint township
hospital board;
(6) A detention facility district or a district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
or a joint
emergency medical services district, the joint board of
county commissioners;
(7) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the board of
township trustees;
(8) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code, the board of
directors of the district;
(9) A subdivision described in division (MM)(17) of this
section, the legislative or governing body or official.
(OO) "Tax limitation" means the "ten-mill limitation" as
defined in section 5705.02 of the Revised Code without diminution
by reason of section 5705.313 of the Revised Code or otherwise,
or, in the case of a municipal corporation or county with a
different charter limitation on property taxes levied to pay debt
charges on unvoted securities, that charter limitation. Those
limitations shall be respectively referred to as the "ten-mill
limitation" and the "charter tax limitation."
(PP) "Tax valuation" means the aggregate of the valuations
of property subject to ad valorem property taxation by the
subdivision on the real property, personal property, and public
utility property tax lists and duplicates most recently certified
for collection, and shall be calculated without deductions of the
valuations of otherwise taxable property exempt in whole or in
part from taxation by reason of exemptions of certain amounts of
taxable value under division (C) of section 5709.01 or, tax reductions under section
323.152 of the Revised Code, or similar laws now or in the future
in effect.
For purposes of section 133.06 of the Revised Code, "tax valuation" shall not include the valuation of tangible personal property used in business, telephone or telegraph property, interexchange telecommunications company property, or personal property owned or leased by a railroad company and used in railroad operations listed under or described in section 5711.22, division (B) or (F) of section 5727.111, or section 5727.12 of the Revised Code.
(QQ) "Year" means the calendar year.
(RR) "Administrative agent," "agent," "commercial paper,"
"floating rate interest structure," "indexing agent," "interest rate hedge," "interest
rate period," "put arrangement," and "remarketing agent" have the
same meanings as in section 9.98 of the Revised Code.
(SS) "Sales tax supported" means
obligations to the payment
of debt charges on which an
additional sales tax or additional
sales taxes have been pledged
by the taxing authority of a county
pursuant to section 133.081
of the Revised
Code.
Sec. 133.081. (A) As used in this section:
(1) "Anticipation notes" means notes issued in
anticipation of the sales tax supported bonds authorized by this
section;
(2) "Authorizing proceedings" means the
resolution, legislation, trust agreement, certification, and
other agreements, instruments, and documents, as amended and
supplemented, authorizing, or providing for the security or sale
or award of, sales tax supported bonds, and includes the
provisions set forth or incorporated in those bonds and
proceedings;
(3) "County sales tax" means any sales tax levied by the
taxing authority of a county pursuant to section 5739.021 or
5739.026 of the Revised
Code, and any tax levied by
that taxing authority upon storage, use, or consumption under
section 5741.021 or 5741.023 of the
Revised
Code. However, "county sales
tax" does not include a sales tax subject to referendum or a
sales tax that was adopted as an emergency measure and is
subject to initiative petition under section 5739.022 of the
Revised
Code.
(4) "Sales tax supported bonds" means the sales
tax supported bonds authorized by this section, including
anticipation notes;
(5) "Refunding bonds" means sales tax supported
bonds issued to provide for the refunding of the sales tax
supported bonds referred to in this section as refunded
obligations.
(B) The taxing
authority of a county which has levied a county sales tax for
the purpose of providing additional general revenues of the
county pursuant to Chapter
5739. of the Revised
Code may anticipate the
receipts of such tax and issue sales tax supported bonds of the
county in the principal amount necessary to pay the costs of
financing any permanent improvement as defined in division
(CC) of section 133.01 of the
Revised
Code, or to refund any refunded
obligations, provided that the taxing authority certifies that
the annual debt charges on the sales tax supported bonds, or on
the sales tax supported bonds being anticipated by anticipation
notes, do not exceed the estimated annual county sales tax receipts. The
maximum aggregate amount of sales tax supported bonds that may
be outstanding at any time in accordance with their terms shall
not exceed an amount which requires or is estimated to require
payments from sales tax receipts of debt charges on the sales
tax supported bonds, or, in the case of anticipation notes,
projected debt charges on the sales tax supported bonds
anticipated, in any calendar year in an amount exceeding the
county sales tax in anticipation of which the bonds or
anticipation notes are issued as estimated by the fiscal officer
based on general sales tax receipts averaged for the prior two
calendar years prior to the year in which the sales tax
supported bonds are issued, and annualized for any increase in
the county sales tax which may have been levied in part during
such period or levied after such period. A taxing authority may
at any time issue renewal anticipation notes, issue sales tax
supported bonds to pay renewal anticipation notes, and, if it
considers refunding expedient, issue refunding sales tax
supported bonds whether the refunded obligations have or have
not matured. The refunding sales tax supported bonds shall be
sold and the proceeds needed for such purpose applied in the
manner provided in the authorizing proceedings of the taxing
authority. The maximum maturity of sales tax supported bonds
shall be calculated by the fiscal officer in accordance with
section 133.20 of the Revised
Code, and such calculation
shall be filed with the taxing authority of the county prior to
passage of a bond authorizing resolution. If the county sales
tax pledged to the payment of the sales tax supported bonds has
a stated expiration date, the final principal maturity date of
the sales tax supported bonds shall not extend beyond the final
year of collection of the county sales tax pledged to the
payment of the sales tax supported bonds.
(C) Every
issue of sales tax supported bonds outstanding in accordance
with their terms shall be payable out of the sales tax receipts
received by the county or proceeds of sales tax supported bonds,
renewal anticipation notes, or refunding sales tax supported
bonds which may be pledged for such payment in the authorizing
proceedings. The pledge shall be valid and binding from the
time the pledge is made, and the county sales tax receipts and
proceeds so pledged and thereafter received by the county shall
immediately be subject to the lien of that pledge without any
physical delivery of the county sales tax receipts or proceeds
or further act. The lien of any pledge is valid and binding as
against all parties having claims of any kind in tort, contract,
or otherwise against the county, whether or not such parties
have notice of the lien. Neither the resolution nor any trust
agreement by which a pledge is created or further evidenced need
be filed or recorded except in the records of the taxing
authority.
(D) Sales tax
supported bonds issued under this section do not constitute a general obligation
debt, or a pledge of the full faith and credit, of the state, the
county, or any other political subdivision of the state, and the
holders or owners of the notes bonds have no right to have taxes
levied by the general assembly or property taxes levied by the taxing authority of any
political subdivision of the state, including the taxing
authority of the county, for the payment of debt charges.
Unless paid from other sources, sales tax supported bonds are
payable from the sales tax receipts pledged for their payment as
authorized by this section. All sales tax supported bonds shall
contain on their face a statement to the effect that the sales
tax supported bonds, as to debt charges, are not debts or
obligations of the state and are not general obligation debts of any political
subdivision of the state, but, unless paid from other sources,
are payable from the sales tax receipts pledged for their
payment. The utilization and pledge of the sales tax receipts
and proceeds of sales tax supported bonds, renewal anticipation
notes, or refunding sales tax supported bonds for the payment of
debt charges is determined by the general assembly to create a
special obligation which is not a bonded indebtedness subject to
Section 11 of
Article
XII,
Ohio
Constitution.
(E) The sales
tax supported bonds shall bear such date or dates, shall be
executed in the manner, and shall mature at such time or times,
in the case of any anticipation notes not exceeding ten years
from the date of issue of the original anticipation notes and in
the case of any sales tax supported bonds or of any refunding
sales tax supported bonds, not exceeding the maximum maturity
certified to the taxing authority pursuant to division
(B) of this section, all as the
authorizing proceedings may provide. The sales tax supported
bonds shall bear interest at such rates, or at variable rate or
rates changing from time to time, in accordance with provisions
in the authorizing proceedings, be in such
denominations and form, either coupon or registered, carry such
registration privileges, be payable in such medium of payment
and at such place or places, and be subject to such terms of
redemption, as the taxing authority may authorize or provide.
The sales tax supported bonds may be sold at public or private
sale, and at, or at not less than, the price or prices as the
taxing authority determines. If any officer whose signature or
a facsimile of whose signature appears on any sales tax
supported bonds or coupons ceases to be such officer before
delivery of the sales tax supported bonds or anticipation notes,
the signature or facsimile shall nevertheless be sufficient for
all purposes as if that officer had remained in office until
delivery of the sales tax supported bonds. Whether or not the
sales tax supported bonds are of such form and character as to
be negotiable instruments under
Title
XIII of the
Revised
Code, the sales tax supported
bonds shall have all the qualities and incidents of negotiable
instruments, subject only to any provisions for registration.
Neither the members of the board of the taxing authority nor any
person executing the sales tax supported bonds shall be liable
personally on the sales tax supported bonds or be subject to any
personal liability or accountability by reason of their
issuance.
(F) Notwithstanding
any other provision of this section, sections 9.98 to 9.983,
133.02, 133.70, and 5709.76, and division
(A) of section 133.03 of the
Revised
Code apply to the sales tax
supported bonds. Sales tax supported bonds issued under this
section need not comply with any other law applicable to notes
or bonds but the authorizing proceedings may provide that
divisions (B) to
(E) of section 133.25 of the
Revised
Code apply to the sales tax
supported bonds or anticipation notes.
(G) Any authorized proceedings may contain provisions, subject to any
agreements with holders as may then exist, which shall be a part
of the contract with the holders, as to the pledging of any or
all of the county's anticipated sales tax receipts to secure the
payment of the sales tax supported bonds; the use and
disposition of the sales tax receipts of the county; the
crediting of the proceeds of the sale of sales tax supported
bonds to and among the funds referred to or provided for in the
authorizing proceedings; limitations on the purpose to which the
proceeds of the sales tax supported bonds may be applied and the
pledging of portions of such proceeds to secure the payment of
the sales tax supported bonds or of anticipation notes; the
agreement of the county to do all things necessary for the
authorization, issuance, and sale of those notes anticipated in
such amounts as may be necessary for the timely payment of debt
charges on any anticipation notes; limitations on the issuance
of additional sales tax supported bonds; the terms upon which
additional sales tax supported bonds may be issued and secured;
the refunding of refunded obligations; the procedure by which
the terms of any contract with holders may be amended, and the
manner in which any required consent to amend may be given;
securing any sales tax supported bonds by a trust agreement or
other agreement; and any other matters, of like or different
character, that in any way affect the security or protection of
the sales tax supported bonds or anticipation notes.
(H) The taxing
authority of a county may not repeal, rescind, or reduce any
portion of a county sales tax pledged to the payment of debt
charges on sales tax supported bonds issued by the county while
such sales tax supported bonds remain outstanding, and no
portion of a county sales tax pledged to the payment of debt
charges on sales tax supported bonds shall be subject to repeal
or reduction by the electorate of the county or by the taxing
authority of the county while such sales tax supported bonds are
outstanding.
Sec. 149.311. (A) As used in this section:
(1) "Historic building" means a building, including its structural components, that is located in this state and that is either individually listed on the national register of historic places under 16 U.S.C. 470a, located in a registered historic district, and certified by the state historic preservation officer as being of historic significance to the district, or is individually listed as a historic landmark designated by a local government certified under 16 U.S.C. 470a(c).
(2) "Qualified rehabilitation expenditures" means expenditures paid or incurred during the rehabilitation period, and before and after that period as determined under 26 U.S.C. 47, by an owner of a historic building to rehabilitate the building. "Qualified rehabilitation expenditures" includes architectural or engineering fees paid or incurred in connection with the rehabilitation, and expenses incurred in the preparation of nomination forms for listing on the national register of historic places. "Qualified rehabilitation expenditures" does not include any of the following:
(a) The cost of acquiring, expanding, or enlarging a historic building;
(b) Expenditures attributable to work done to facilities related to the building, such as parking lots, sidewalks, and landscaping;
(c) New building construction costs.
(3) "Owner" of a historic building means a person holding the fee simple interest in the building.
(4) "Certificate owner" means the owner of a historic building to which a rehabilitation tax credit certificate was issued under this section.
(5) "Registered historic district" means a historic district listed in the national register of historic places under 16 U.S.C. 470a, a historic district designated by a local government certified under 16 U.S.C. 470a(c), or a local historic district certified under 36 C.F.R. 67.8 and 67.9.
(6) "Rehabilitation" means the process of repairing or altering a historic building or buildings, making possible an efficient use while preserving those portions and features of the building and its site and environment that are significant to its historic, architectural, and cultural values.
(7) "Rehabilitation period" means one of the following:
(a) If the rehabilitation initially was not planned to be completed in stages, a period chosen by the owner not to exceed twenty-four months during which rehabilitation occurs;
(b) If the rehabilitation initially was planned to be completed in stages, a period chosen by the owner not to exceed sixty months during which rehabilitation occurs.
(8) "State historic preservation officer" or "officer" means the state historic preservation officer appointed by the governor under 16 U.S.C. 470a.
(9) "Application period" means either of the following time periods during which an application for a rehabilitation tax credit certificate may be filed under this section:
(a) July 1, 2007, through June 30, 2008;
(b) July 1, 2008, through June 30, 2009.
(B) On or after July 1, 2007, but before July 1, 2009, the owner of a historic building may apply to the state historic preservation officer for a rehabilitation tax credit certificate for qualified rehabilitation expenditures paid or incurred after the effective date of this section April 4, 2007, for rehabilitation of a historic building. The form and manner of filing such applications shall be prescribed by rule of the director of development, and applications expire at the end of each application period. Before July 1, 2007, the director, after consultation with the tax commissioner and in accordance with Chapter 119. of the Revised Code, shall adopt rules that establish all of the following:
(1) Forms and procedures by which applicants may apply for rehabilitation tax credit certificates;
(2) Criteria for reviewing, evaluating, and approving applications for certificates within the limitation on the number of applications that may be approved in an application period under division (D) of this section, criteria for assuring that the certificates issued encompass a mixture of high and low qualified rehabilitation expenditures, and criteria for issuing certificates under division (C)(3)(b) of this section;
(3) Eligibility requirements for obtaining a certificate under this section;
(4) The form of rehabilitation tax credit certificates;
(5) Reporting requirements and monitoring procedures;
(6) Any other rules necessary to implement and administer this section.
(C) The state historic preservation officer shall accept applications in the order in which they are filed. Within seven days after an application is filed, the officer shall forward it to the director of development who shall review the application and determine whether all of the following criteria are met:
(1) That the building that is the subject of the application is a historic building and the applicant is the owner of the building;
(2) That the rehabilitation will satisfy standards prescribed by the United States secretary of the interior under 16 U.S.C. 470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to that section;
(3) That receiving a rehabilitation tax credit certificate under this section is a major factor in:
(a) The applicant's decision to rehabilitate the historic building; or
(b) To increase the level of investment in such rehabilitation.
An applicant shall demonstrate to the satisfaction of the state historic preservation officer and director of development that the rehabilitation will satisfy the standards described in division (C)(2) of this section before the applicant begins the physical rehabilitation of the historic building.
(D) If the director of development determines that the criteria in divisions (C)(1), (2), and (3) of this section are met, the director, in conjunction with the tax commissioner, shall conduct a cost and benefit analysis for the historic building that is the subject of an application filed under this section to determine whether rehabilitation of the historic building, including activities during the construction phase of the rehabilitation, will result in a net revenue gain in state and local taxes once the building is used. The director shall not approve an application and issue a rehabilitation tax credit certificate to an applicant unless the cost and benefit analysis of the historic building determines that there will be a net revenue gain in state and local taxes once the building is used. A rehabilitation tax credit certificate shall not be issued before rehabilitation of a historic building is completed. The director shall not approve more than one hundred applications in an application period.
(E)
Issuance of a certificate represents a finding by the director of development of the matters described in divisions (C)(1), (2), and (3) of this section only; issuance of a certificate does not represent a verification or certification by the director of the amount of qualified rehabilitation expenditures for which a tax credit may be claimed under section 5725.151, 5733.47, or 5747.76 of the Revised Code. The amount of qualified rehabilitation expenditures for which a tax credit may be claimed is subject to inspection and examination by the tax commissioner or employees of the commissioner under section 5703.19 of the Revised Code and any other applicable law. Upon the issuance of a certificate, the director shall certify to the tax commissioner, in the form and manner requested by the tax commissioner, the name of the applicant, the amount of qualified rehabilitation expenditures shown on the certificate, and any other information required by the rules adopted under this section.
(F)(1) On or before the first day of December in 2007, 2008, and 2009, the director of development and tax commissioner jointly shall submit to the president of the senate and the speaker of the house of representatives a report on the tax credit program established under this section and sections 5725.151, 5733.47, and 5747.76 of the Revised Code. The report shall present an overview of the program and shall include information on the number of rehabilitation tax credit certificates issued under this section during an application period, an update on the status of each historic building for which an application was approved under this section, the dollar amount of the tax credits granted under sections 5725.151, 5733.47, and 5747.76 of the Revised Code, and any other information the director and commissioner consider relevant to the topics addressed in the report.
(2) On or before December 1, 2010, the director of development and tax commissioner jointly shall submit to the president of the senate and the speaker of the house of representatives a comprehensive report that includes the information required by division (F)(1) of this section and a detailed analysis of the effectiveness of issuing tax credits for rehabilitating historic buildings. The report shall be prepared with the assistance of an economic research organization jointly chosen by the director and commissioner.
Sec. 151.08. This section applies to obligations as defined in this
section.
(A) As used in this section:
(1) "Capital facilities" or "capital improvement projects" means the
acquisition, construction, reconstruction, improvement, planning, and
equipping
of roads and bridges, waste water treatment systems, water supply systems,
solid waste disposal facilities, flood control systems, and storm water and
sanitary collection, storage, and treatment facilities, including real
property, interests in real property, facilities, and equipment related or
incidental to those facilities.
(2) "Costs of capital facilities" include related direct administrative
expenses and allocable portions of direct costs of the Ohio public
works commission and the local subdivision.
(3) "Local subdivision" means any county, municipal corporation, township,
sanitary district, or regional water and sewer district.
(4) "Obligations" means obligations as defined in section 151.01 of the
Revised Code issued to pay costs of capital facilities.
(B)(1) The issuing authority shall issue obligations to pay costs of
financing or assisting in the financing of the capital
improvement projects of local subdivisions pursuant to Section
2m of Article VIII, Ohio Constitution, section 151.01 of the Revised Code, and
this section. Not more than one hundred twenty million dollars principal
amount of obligations, plus the
principal amount of obligations that in any prior fiscal years could have
been, but were not, issued within that one-hundred-twenty-million dollar
fiscal year limit, may be issued in any fiscal year. Not more than one
billion two hundred million dollars principal amount of obligations pursuant to Section 2m of Article VIII, Ohio Constitution may be
issued for the purposes of this section and division (B)(2) of
section 164.09 of the Revised Code.
(2) The issuing authority shall issue obligations to pay costs of financing or assisting in the financing of the capital improvement projects of local subdivisions pursuant to Section 2p of Article VIII, Ohio Constitution, section 151.01 of the Revised Code, and this section. Not more than one hundred twenty million dollars in principal amount of such obligations may be issued in any of the first five fiscal years of issuance and not more than one hundred fifty million dollars in principal amount of such obligations may be issued in any of the next five fiscal years, plus in each case the principal amount of such obligations that in any prior fiscal year could have been but were not issued within those fiscal year limits. No obligations shall be issued for the purposes of this section pursuant to Section 2p of Article VIII, Ohio Constitution, until at least one billion one hundred ninety-nine million five hundred thousand dollars aggregate principal amount of obligations have been issued pursuant to Section 2m of Article VIII, Ohio Constitution. Not more than one billion three hundred fifty million dollars principal amount of obligations may be issued pursuant to Section 2p of Article VIII, Ohio Constitution for the purposes of this section.
(C) Net proceeds of obligations shall be deposited into the state
capital improvements fund created by section 164.08 of the Revised Code.
(D) There is hereby created in the state treasury the "state
capital improvements bond service fund." All moneys received by the state and
required by the bond proceedings, consistent with this section and section
151.01 of the Revised Code, to be deposited, transferred, or credited to the bond service
fund, and all other moneys transferred or allocated to or received for
the purposes of that fund, shall be deposited and credited to the bond service
fund, subject to any applicable provisions of the bond proceedings but without
necessity for any act of appropriation. During the period beginning with the
date of the first issuance of obligations and continuing during the time that
any obligations are outstanding in accordance with their terms, so long as
moneys in the bond service fund are insufficient to pay debt service when due
on those obligations payable from that fund (except the principal amounts of
bond anticipation notes payable from the proceeds of renewal notes or bonds
anticipated) and due in the particular fiscal year, a sufficient amount of
revenues of the state is committed and, without necessity for further act of
appropriation, shall be paid to the bond service fund for the purpose of
paying that debt service when due.
Sec. 151.40. (A) As used in this section:
(1) "Bond proceedings" includes any trust agreements, and
any amendments or supplements to them, as
authorized by this
section.
(2) "Costs of revitalization projects" includes related
direct administrative expenses and allocable portions of the
direct costs of those projects of the department of development or
the
environmental protection agency.
(3) "Issuing authority" means the treasurer of state.
(4) "Obligations" means obligations
as defined in section
151.01 of the Revised Code issued to pay the costs
of projects for
revitalization purposes as referred to in division
(A)(2) of
Section 2o of Article VIII, Ohio Constitution.
(5) "Pledged liquor profits" means all receipts of the
state
representing the gross profit on the sale of spirituous
liquor, as
referred to in division (B)(4) of section 4301.10 of
the Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided in
that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as it was in
effect on May 2, 1980,
to be paid into the state treasury.
(6) "Pledged receipts" means, as and to the extent provided
in bond proceedings:
(a) Pledged liquor profits. The pledge of pledged liquor
profits to obligations is subject to the priority of the pledge of
those profits to obligations issued and to be issued pursuant to Chapter 166. of the
Revised Code.
(b) Moneys accruing to the state from the lease, sale, or
other disposition or use of revitalization projects or from the
repayment, including any interest, of loans or advances made from
net proceeds;
(c) Accrued interest received from the sale of obligations;
(d) Income from the investment of the special funds;
(e) Any gifts, grants, donations, or pledges, and receipts
therefrom, available for the payment of debt service;
(f) Additional or any other specific revenues or receipts
lawfully available to be
pledged, and pledged, pursuant to further
authorization by the general assembly, to the payment of debt
service.
(B)(1) The issuing authority shall issue obligations of the
state to pay
costs of revitalization projects pursuant to division
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, section
151.01 of
the Revised Code as applicable to this section, and this
section. The issuing authority, upon
the certification to it by
the clean Ohio council of the amount of
moneys needed in and for
the purposes of the clean Ohio revitalization
fund created by
section 122.658 of the Revised Code, shall issue
obligations in
the
amount determined by the issuing
authority to be required for
those purposes. Not more than two hundred million dollars principal amount of obligations issued
under this section for revitalization purposes may be outstanding at any one time. Not more than fifty million dollars principal amount of obligations, plus the principal amount of obligations that in any prior fiscal year could have been, but were not issued within the fifty-million-dollar fiscal year limit, may be issued in any fiscal year.
(2) The provisions and authorizations in section
151.01 of the Revised
Code apply to the obligations and the bond
proceedings except as
otherwise provided or provided for in those
obligations and bond
proceedings.
(C) Net proceeds of obligations
shall be deposited in the
clean Ohio revitalization fund created in section 122.658 of the
Revised Code.
(D) There is hereby created the
revitalization projects
bond
service fund, which shall be in the custody of the treasurer
of
state, but shall be separate and apart from and not a part of
the
state treasury. All money received by
the state and required
by
the bond proceedings, consistent with
section 151.01 of the
Revised Code and this section, to be
deposited, transferred, or
credited to the bond service fund, and
all other money transferred
or allocated to or received for the
purposes of that fund, shall
be deposited and credited to the bond
service fund, subject to any
applicable provisions of the bond
proceedings, but without
necessity for any act of appropriation.
During the period
beginning with the date of the first issuance of
obligations and
continuing during the time that any obligations
are outstanding in
accordance with their terms, so long as moneys
in the bond service
fund are insufficient to pay debt service when
due on those
obligations payable from that fund, except the
principal amounts
of bond anticipation notes payable from the
proceeds of renewal
notes or bonds anticipated, and due in the
particular fiscal year,
a sufficient amount of pledged receipts is
committed and, without
necessity for further act of appropriation,
shall be paid to the
bond service fund for the purpose of paying
that debt service when
due.
(E) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of the debt service charges on obligations issued
under
this section, and for the establishment and maintenance of
any
reserves, as provided in the bond proceedings, and make other
provisions in the bond proceedings with respect to pledged
receipts as authorized by this section, which provisions are
controlling notwithstanding any other provisions of law pertaining
to them.
(F) The issuing authority may covenant in the bond
proceedings, and such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and state agencies, including the general
assembly, so long as any obligations issued under this section are
outstanding, shall maintain statutory authority for and cause to
be charged and collected wholesale or retail prices for spirituous
liquor sold by the state or its agents so that the available
pledged receipts are sufficient in time and amount to meet debt
service payable from pledged liquor profits and for the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings.
(G) Obligations
may be further secured, as determined by
the
issuing authority, by a trust agreement between
the state and
a
corporate trustee, which may be
any trust company
or bank having
its principal a place of business
within the state.
Any trust
agreement may contain the
resolution or
order authorizing the
issuance of the obligations,
any provisions
that may be contained
in any bond proceedings, and
other
provisions that are customary
or appropriate in an agreement
of that type, including, but not
limited to:
(1) Maintenance of each pledge, trust agreement, or other
instrument comprising part of the bond proceedings until
the state
has fully paid or provided for the payment of debt
service on the
obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The obligations shall not be
general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them. The holders
or owners of the obligations shall have no right
to have any moneys obligated or
pledged for the payment of debt
service except as provided in
this section and in the applicable
bond proceedings. The rights
of the holders and owners to payment
of debt service are limited
to all or that portion of the pledged
receipts, and those special
funds, pledged to the payment of debt
service pursuant to the bond
proceedings in accordance with this
section, and each obligation
shall bear on its face a statement to
that effect.
Sec. 156.02. The director of administrative services may
contract with an energy services company, contractor, architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures the office of energy efficiency in the department of development for a report
containing an analysis and recommendations pertaining to the
implementation of energy conservation measures that would
significantly reduce energy consumption and operating costs in
any buildings owned by the state and, upon request of its board of trustees or managing authority, any building owned by an institution of higher education as defined in section 3345.12 of the Revised Code. The report shall include
estimates of all costs of such measures, including the costs of
design, engineering, installation, maintenance, repairs, and debt
service, and estimates of the amounts by which energy consumption
and operating costs would be reduced.
Sec. 164.03. For the purpose of allocating the funds made
available to finance public infrastructure capital improvement projects
of local subdivisions through the issuance of general obligations of the state
of Ohio pursuant to Section 2k or, 2m, or 2p of Article VIII, Ohio Constitution, the
state is divided into the following districts:
District one. Cuyahoga county shall constitute district one.
District two. Hamilton county shall constitute district two.
District three. Franklin county shall constitute district three.
District four. Montgomery county shall constitute district four.
District five. Defiance, Erie, Fulton, Henry, Ottawa,
Paulding, Sandusky, Williams, and Wood counties shall constitute
district five.
District six. Mahoning and Trumbull counties shall
constitute district six.
District seven. Ashtabula, Geauga, Lake, and Portage
counties shall constitute district seven.
District eight. Summit county shall constitute district
eight.
District nine. Lorain, Huron, and Medina counties shall
constitute district nine.
District ten. Butler, Clermont, Clinton, and Warren
counties shall constitute district ten.
District eleven. Champaign, Clark, Darke, Greene, Madison,
Miami, Preble, and Union counties shall constitute district
eleven.
District twelve. Lucas county shall constitute district
twelve.
District thirteen. Allen, Auglaize, Hancock, Logan,
Mercer, Putnam, Shelby, and Van Wert counties shall constitute
district thirteen.
District fourteen. Carroll, Columbiana, Coshocton,
Guernsey, Harrison, Holmes, Jefferson, and Tuscarawas counties
shall constitute district fourteen.
District fifteen. Adams, Brown, Fayette, Gallia, Highland,
Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties shall
constitute district fifteen.
District sixteen. Ashland, Crawford, Hardin, Marion,
Richland, Seneca, Wayne, and Wyandot counties shall constitute
district sixteen.
District seventeen. Delaware, Fairfield, Knox, Licking,
Morrow, and Pickaway counties shall constitute district
seventeen.
District eighteen. Athens, Belmont, Hocking, Meigs,
Monroe, Morgan, Muskingum, Noble, Perry, and Washington counties
shall constitute district eighteen.
District nineteen. Stark county shall constitute district
nineteen.
Sec. 164.08. (A) Except as provided in sections 151.01 and 151.08 or
section 164.09 of
the Revised Code, the net proceeds of obligations issued and sold
by the treasurer of state pursuant to section 164.09 of the
Revised Code before September 30, 2000, or pursuant to sections
151.01 and 151.08 of the Revised Code, for the purpose of financing or
assisting in the financing of the cost of public infrastructure capital
improvement projects of local subdivisions, as provided for in Section 2k or,
2m, or 2p of Article VIII, Ohio
Constitution, and this chapter, shall be paid into the state
capital improvements fund, which is hereby created in the state
treasury. Investment earnings on moneys in the fund shall be
credited to the fund.
(B) Each program year the amount of obligations authorized
by the general assembly in accordance with sections 151.01 and 151.08
or section 164.09 of the
Revised Code, excluding the proceeds of refunding or renewal
obligations, shall be allocated by the director of the Ohio
public works commission as follows:
(1) First, twelve million dollars of the amount of
obligations authorized shall be allocated to provide financial
assistance to villages and to townships with populations in the
unincorporated areas of the township of less than five thousand
persons, for capital improvements in accordance with section
164.051 and division (D) of section 164.06 of the Revised Code.
As used in division (B)(1) of this section, "capital
improvements" includes resurfacing and improving roads.
(2) Following the allocation required by division (B)(1)
of this section, the director may allocate two million
five hundred thousand dollars of the
authorized obligations to provide financial assistance to local
subdivisions for capital improvement projects which in the
judgment of the director of the Ohio public works commission are
necessary for the immediate preservation of the health, safety,
and welfare of the citizens of the local subdivision requesting
assistance.
(3) For the second, third, fourth, and fifth years that
obligations are authorized and are available for allocation under
this chapter, one million dollars shall be allocated to the sewer
and water fund created in section 1525.11 of the Revised Code.
Money from this allocation shall be transferred to that fund when
needed to support specific payments from that fund.
(4) For program years twelve and fourteen that obligations are authorized
and available for allocation under this chapter, two million dollars each
program year shall be allocated to the small county capital improvement
program for use in providing financial assistance under division (F)
of section 164.02 of the Revised Code.
(5) After the allocation required by division (B)(3) of
this section is made, the director shall determine the amount of
the remaining obligations authorized to be issued and sold that
each county would receive if such amounts were allocated on a per
capita basis each year. If a county's per capita share for the
year would be less than three hundred thousand dollars, the
director shall allocate to the district in which that county is
located an amount equal to the difference between three hundred
thousand dollars and the county's per capita share.
(6) After making the allocation required by division
(B)(5) of this section, the director shall allocate the
remaining amount to each district on a per capita basis.
(C)(1) There is hereby created in the state treasury the
state capital improvements revolving loan fund, into which shall
be deposited all repayments of loans made to local subdivisions
for capital improvements pursuant to this chapter. Investment earnings on
moneys in the fund shall be credited to the fund.
(2) There may also be deposited in the state capital
improvements revolving loan fund moneys obtained from federal or
private grants, or from other sources, which are to be used for
any of the purposes authorized by this chapter. Such moneys
shall be allocated each year in accordance with division
(B)(6) of this section.
(3) Moneys deposited into the state capital
improvements revolving loan fund shall be used to
make loans for the
purpose of financing or assisting in the financing of the cost of capital
improvement projects of local subdivisions.
(4) Investment earnings credited to the state capital improvements
revolving loan fund that exceed the amounts required to meet estimated federal
arbitrage rebate requirements shall be used to pay costs incurred by the
public
works commission in administering this section. Investment earnings credited
to the state capital improvements revolving loan fund that exceed the amounts
required to pay for the administrative costs and estimated rebate requirements
shall be allocated to each district on a per capita basis.
(5) Each program year, loan repayments received and on deposit in the
state capital improvements revolving loan fund shall be allocated as follows:
(a) Each district public works integrating committee
shall be allocated an amount equal to the sum of all loan repayments made to
the state capital improvements revolving loan fund by local subdivisions that
are part of the district. Moneys not used in a program year may be used in
the next program year in the same manner and for the same purpose as
originally allocated.
(b) Loan repayments made pursuant to projects
approved under division (B)(1) of this section
shall be used to make loans in accordance with section 164.051 and division
(D) of section 164.06 of the Revised Code. Allocations for this purpose made
pursuant to division (C)(5) of this section shall be in addition to
the allocation provided in division (B)(1) of
this section.
(c) Loan repayments made pursuant to projects
approved under division (B)(2) of this section
shall be used to make loans in accordance with division
(B)(2) of this section. Allocations for this
purpose made pursuant to division (C)(5) of
this section shall be in addition to the allocation provided in division
(B)(2) of this section.
(d) Loans made from the state capital improvements
revolving loan fund shall not be limited in their usage by divisions
(E), (F), (G), (H), and (I) of section 164.05 of the Revised Code.
(D) Investment earnings credited to the state capital
improvements fund that exceed the amounts required to meet
estimated federal arbitrage rebate requirements shall be used to
pay costs incurred by the public works commission in
administering sections 164.01 to 164.12 of the Revised
Code.
(E) The director of the Ohio public works commission shall
notify the director of budget and management of the amounts
allocated pursuant to this section and such information shall be
entered into the state accounting system. The director of budget
and management shall establish appropriation line items as needed
to track these allocations.
(F) If the amount of a district's allocation in a program
year exceeds the amount of financial assistance approved for the
district by the commission for that year, the remaining portion
of the district's allocation shall be added to the district's
allocation pursuant to division (B) of this section for the next
succeeding year for use in the same manner and for the same
purposes as it was originally allocated, except that any portion
of a district's allocation which was available for use on new or
expanded infrastructure pursuant to division (H) of section
164.05 of the Revised Code shall be available in succeeding years
only for the repair and replacement of existing infrastructure.
(G) When an allocation based on population is made by the
director pursuant to division (B) of this section, the
director shall use
the most recent decennial census statistics, and shall not make
any reallocations based upon a change in a district's population.
Sec. 164.09. (A) The issuer is authorized to issue and
sell, as provided in this section and in amounts from time to
time authorized by the general assembly, general obligations of
this state for the purpose of financing or assisting in the
financing of the costs of public infrastructure capital improvements for local
subdivisions. The full faith
and credit, revenues, and taxing power of the state are and shall
be pledged to the timely payment of bond service charges on
outstanding obligations, all in accordance with Section 2k or 2m of
Article VIII, Ohio Constitution and sections 164.09 to 164.12 of
the Revised Code, excluding from that pledge fees, excises, or
taxes relating to the registration, operation, or use of vehicles
on the public highways, or to fuels used for propelling those
vehicles, and so long as such obligations are outstanding there
shall be levied and collected excises and taxes, excluding those
excepted above, in amounts sufficient to pay the bond service
charges on such obligations and costs relating to credit
facilities.
(B)(1) The total principal amount of obligations issued pursuant
to Section 2k of Article VIII, Ohio Constitution shall
not exceed one billion two hundred million dollars, and not more
than one hundred twenty million dollars in principal amount of
obligations may be issued in any calendar year, all determined as
provided in sections 164.09 to 164.12 of the Revised
Code.
(2) The total principal amount of obligations issued
for the purposes of this section pursuant to
Section 2m of Article VIII, Ohio Constitution, shall not
exceed one billion two hundred million dollars. Not more than one hundred
twenty million dollars in
principal amount of such obligations, plus the principal amount of such
obligations that in any prior fiscal years could have been but were not issued
within the one-hundred-twenty-million-dollar fiscal year limit, may be issued
in any fiscal year. No obligations shall be issued for the purposes of this
section pursuant to Section 2m of Article VIII, Ohio Constitution, until at
least one billion one hundred ninety-nine million five hundred thousand
dollars aggregate principal amount of obligations have been issued pursuant to
Section 2k of Article VIII, Ohio Constitution. The amounts specified under
division (B)(2) of this section shall be
determined as provided in sections 164.09 to 164.12 of
the
Revised Code.
(C) Each issue of obligations shall be authorized by order
of the issuer. The bond proceedings shall provide for the
principal amount or maximum principal amount of obligations of an
issue, and shall provide for or authorize the manner or agency
for determining the principal maturity or maturities, not
exceeding the earlier of thirty years from the date of issuance
of the particular obligations or thirty years from the date the
debt represented by the particular obligations was originally
contracted, the interest rate or rates, the date of and the dates
of payment of interest on the obligations, their denominations,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.96 and
9.98 to 9.983 of the Revised Code are applicable to the
obligations. The purpose of the obligations may be stated in the
bond proceedings as "financing or assisting in the financing of
local subdivisions capital improvement projects."
(D) The proceeds of the obligations, except for any
portion to be deposited in special funds, or in escrow funds for
the purpose of refunding outstanding obligations, all as may be
provided in the bond proceedings, shall be deposited to the state
capital improvements fund established by section 164.08 of the
Revised Code.
(E) The issuer may appoint paying agents, bond registrars,
securities depositories, and transfer agents, and may retain the
services of financial advisers and accounting experts, and retain
or contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuer's judgment to carry out sections 164.01 to 164.12 of the
Revised Code. Financing costs are payable, as provided in the
bond proceedings, from the proceeds of the obligations, from
special funds, or from other moneys available for the purpose.
(F) The bond proceedings, including any trust agreement,
may contain additional provisions customary or appropriate to the
financing or to the obligations or to particular obligations,
including but not limited to:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions at such price or prices and under such terms
and conditions as are provided in the bond proceedings;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and
application of special funds, and the safeguarding of moneys on
hand or on deposit, without regard to Chapter 131. or 135. of the
Revised Code, but subject to any special provisions of this
section with respect to particular funds or moneys, and provided
that any bank or trust company that acts as a depository of any
moneys in special funds may furnish such indemnifying bonds or
may pledge such securities as required by the issuer;
(4) Any or every provision of the bond proceedings binding
upon the issuer and such state agency or local subdivision,
officer, board, commission, authority, agency, department, or
other person or body as may from time to time have the authority
under law to take such actions as may be necessary to perform all
or any part of the duty required by such provision;
(5) The maintenance of each pledge, any trust agreement,
or other instrument comprising part of the bond proceedings until
the state has fully paid or provided for the payment of the bond
service charges on the obligations or met other stated
conditions;
(6) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuer made as a part of a contract under which the obligations
were issued or secured, the enforcement of such payments or
agreements by mandamus, suit in equity, action at law, or any
combination of the foregoing;
(7) The rights and remedies of the holders of obligations
and of the trustee under any trust agreement, and provisions for
protecting and enforcing them, including limitations on rights of
individual holders of obligations;
(8) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen;
(9) Provision for the funding, refunding, or advance
refunding or other provision for payment of obligations which
will then no longer be outstanding for purposes of this section
or of the bond proceedings;
(10) Any provision that may be made in bond proceedings
or a trust agreement, including provision for amendment of the
bond proceedings;
(11) Such other provisions as the issuer determines,
including limitations, conditions, or qualifications relating to
any of the foregoing;
(12) Any other or additional agreements with the holders
of the obligations relating to the obligations or the security
for the obligations.
(G) The great seal of the state or a facsimile of that
seal may be affixed to or printed on the obligations. The
obligations requiring signature by the issuer shall be signed by
or bear the facsimile signature of the issuer as provided in the
bond proceedings. Any obligations may be signed by the person
who, on the date of execution, is the authorized signer although
on the date of such obligations such person was not the issuer. In case the
person whose signature or a facsimile of whose
signature appears on any obligation ceases to be the issuer
before delivery of the obligation, such signature or facsimile is
nevertheless valid and sufficient for all purposes as if the
person had remained the member until such delivery, and in
case the
seal to be affixed to or printed on obligations has been changed after
the seal has been affixed to or a facsimile of the seal has been
printed on the obligations, that seal or facsimile seal shall
continue to be sufficient as to those obligations and obligations
issued in substitution or exchange therefor.
(H) The obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the provisions of the bond proceedings as to registration.
Obligations may be issued in coupon or in fully registered form,
or both, as the issuer determines. Provision may be made for the
registration of any obligations with coupons attached as to
principal alone or as to both principal and interest, their
exchange for obligations so registered, and for the conversion or
reconversion into obligations with coupons attached of any
obligations registered as to both principal and interest, and for
reasonable charges for such registration, exchange, conversion,
and reconversion. Pending preparation of definitive obligations,
the issuer may issue interim receipts or certificates which shall
be exchanged for such definitive obligations.
(I) Obligations may be sold at public sale or at private
sale, and at such price at, above, or below par, as determined by
the issuer in the bond proceedings.
(J) In the discretion of the issuer, obligations may be
secured additionally by a trust agreement between the state and a
corporate trustee which may be any trust company or bank having
its principal a place of business within the state. Any trust
agreement may contain the order authorizing the issuance of the
obligations, any provisions that may be contained in the bond
proceedings, and other provisions that are customary or
appropriate in an agreement of the type.
(K) Except to the extent that their rights are restricted
by the bond proceedings, any holder of obligations, or a trustee
under the bond proceedings, may by any suitable form of legal
proceedings protect and enforce any rights under the laws of this
state or granted by the bond proceedings. Such rights include
the right to compel the performance of all duties of the issuer
and the state. Each duty of the issuer and the issuer's
employees, and of each state agency and local public entity and
its officers, members, or employees, undertaken pursuant to the
bond proceedings, is hereby established as a duty of the issuer,
and of each such agency, local subdivision, officer, member, or
employee having authority to perform such duty, specifically
enjoined by the law and resulting from an office, trust, or
station within the meaning of section 2731.01 of the Revised
Code. The persons who are at the time the issuer, or the
issuer's employees, are not liable in their personal capacities
on any obligations or any agreements of or with the issuer
relating to obligations or under the bond proceedings.
(L) Obligations are lawful investments for banks,
societies for savings, savings and loan associations, deposit
guarantee associations, trust companies, trustees, fiduciaries,
insurance companies, including domestic for life and domestic not
for life, trustees or other officers having charge of sinking and
bond retirement or other special funds of political subdivisions
and taxing districts of this state, the commissioners of the
sinking fund, the administrator of workers' compensation, the state
teachers retirement system, the public employees retirement
system, the school employees retirement system, and the Ohio police
and fire pension fund, notwithstanding any
other provisions of the Revised Code or rules adopted pursuant
thereto by any state agency with respect to investments by them,
and are also acceptable as security for the deposit of public
moneys.
(M) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuer only in notes, bonds, or other direct
obligations of the United States or of any agency or
instrumentality of the United States,
in obligations of this state or any
political subdivision of this state, in certificates of deposit
of any national bank located in this state and any bank, as
defined in section 1101.01 of the Revised Code, subject to
inspection by the superintendent of financial institutions, in the Ohio
subdivision's fund established pursuant to section 135.45 of the
Revised Code, in no-front-end-load money market mutual funds
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United
States, and in repurchase
agreements, including those issued by any fiduciary, secured by
direct obligations of the United States or an agency or
instrumentality of the United States,
and in collective investment funds established in
accordance with section 1111.14 of the Revised Code and
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United
States, notwithstanding division (A)(1)(c) of that section. The income from
investments
shall be credited to such special funds or otherwise as the
issuer determines in the bond proceedings, and the investments
may be sold or exchanged at such times as the issuer determines
or authorizes.
(N) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in a special fund shall
be disbursed on the order of the issuer, provided that no such
order is required for the payment from the bond service fund or
other special fund when due of bond service charges or required
payments under credit facilities.
(O) The issuer may covenant in the bond proceedings, and
any such covenants shall be controlling notwithstanding any other
provision of law, that the state and the applicable officers and
agencies of the state, including the general assembly, so
long as any obligations are outstanding in accordance with their
terms, shall maintain statutory authority for and cause to be charged
and collected taxes, excises, and other receipts of the state so
that the receipts to the bond service fund shall be sufficient in
amounts to meet bond service charges and for the establishment
and maintenance of any reserves and other requirements, including
payment of financing costs, provided for in the bond proceedings.
(P) The obligations, and the transfer of, and the interest
and other income from, including any profit made on the sale,
transfer, or other disposition of, the obligations shall at all
times be free from taxation, direct or indirect, within the
state.
(Q) Unless a judicial action or proceeding challenging the
validity of obligations is commenced by personal service on the
treasurer of state prior to the initial delivery of an issue of
the obligations, the obligations of that issue and the bond
proceedings pertaining to that issue are incontestable and those
obligations shall be conclusively considered to be and to have
been issued, secured, payable, sold, executed, and delivered, and
the bond proceedings relating to them taken, in conformity with
law if all of the following apply to the obligations:
(1) They state that they are issued under the provisions
of this section and comply on their face with those provisions;
(2) They are issued within the limitations prescribed by
this section;
(3) Their purchase price has been paid in full;
(4) They state that all the bond proceedings were held in
compliance with law, which statement creates a conclusive
presumption that the bond proceedings were held in compliance
with all laws, including section 121.22 of the Revised Code,
where applicable, and rules.
(R) This section applies only with respect to obligations issued
and delivered before September 30, 2000.
Sec. 166.08. (A) As used in this chapter:
(1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, and other agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations.
(2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations,
and interest, and redemption premium, if any,
required to be paid
by the state on obligations.
(3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the economic
development bond service fund created by division (S) of this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(4) "Issuing authority" means the treasurer of state, or
the
officer who by law performs the functions of such officer.
(5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.
(6) "Pledged receipts" means all receipts of the state
representing the gross profit on the sale of spirituous liquor,
as
referred to in division (B)(4) of section 4301.10 of the
Revised
Code, after paying all costs and expenses of the
division of
liquor control and providing an adequate working
capital reserve
for the division of liquor control as provided
in that division,
but excluding the sum required by the second
paragraph of section
4301.12 of the Revised Code, as in effect on
May 2, 1980, to be
paid into the state treasury; moneys accruing
to the state from
the lease, sale, or other disposition, or use,
of project
facilities, and from the repayment, including
interest, of loans
made from proceeds received from the sale of
obligations; accrued
interest received from the sale of
obligations; income from the
investment of the special funds; and
any gifts, grants, donations,
and pledges, and receipts
therefrom, available for the payment of
bond service charges.
(7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the economic development bond service fund
created by division (S) of this section to the extent provided in
the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto.
(B) Subject to the limitations provided in section 166.11
of
the Revised Code, the issuing authority, upon the
certification by
the director of development to the issuing
authority of the amount
of moneys or additional moneys needed in
the facilities
establishment fund, the loan guarantee fund, the innovation
Ohio loan fund, the innovation Ohio loan guarantee fund, or the research and development loan fund for
the
purpose of paying, or making loans for, allowable costs from
the
facilities establishment fund, allowable innovation costs
from
the innovation Ohio loan fund, or allowable costs from the research and development loan fund, or needed for capitalized
interest,
for funding reserves, and for paying costs and expenses
incurred
in connection with the issuance, carrying, securing,
paying,
redeeming, or retirement of the obligations or any
obligations
refunded thereby, including payment of costs and
expenses relating
to letters of credit, lines of credit,
insurance, put agreements,
standby purchase agreements, indexing,
marketing, remarketing and
administrative arrangements, interest
swap or hedging agreements,
and any other credit enhancement,
liquidity, remarketing, renewal,
or refunding arrangements, all
of
which are authorized by this
section, or providing moneys for
the
loan guarantee fund
or the
innovation Ohio loan guarantee fund, as
provided in this chapter
or needed
for the purposes of funds
established in accordance with
or
pursuant to sections 122.35,
122.42, 122.54, 122.55, 122.56,
122.561, 122.57, and 122.80 of the
Revised Code which are within
the
authorization of Section 13 of
Article VIII, Ohio
Constitution,
shall issue obligations of the
state under this
section in the
required amount; provided that
such obligations may
be issued
to satisfy
the covenants in
contracts of
guarantee made under section 166.06
or 166.15 of the
Revised Code,
notwithstanding limitations
otherwise applicable to
the issuance
of obligations under this
section. The proceeds of
such
obligations, except for the
portion to be deposited in
special
funds, including reserve
funds, as may be provided in the
bond
proceedings, shall as
provided in the bond proceedings be
deposited by the director of
development to the facilities
establishment fund, the loan
guarantee fund, the innovation Ohio loan
guarantee fund, the innovation Ohio loan fund, or the research and development loan fund.
Bond
proceedings for project financing obligations may provide that the
proceeds derived from the issuance of such obligations shall be
deposited into
such fund or funds provided for in the bond
proceedings and, to the extent
provided for in the bond
proceedings, such proceeds shall be deemed to have
been deposited
into the facilities establishment fund and transferred to such
fund or funds. The issuing authority may appoint trustees, paying
agents, and
transfer agents and may retain the services of
financial
advisors, accounting experts, and attorneys, and retain
or
contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs
of such services are allowable costs payable from the
facilities
establishment fund or the research and development loan fund
or allowable innovation costs payable from the
innovation Ohio loan fund.
(C) The holders or owners of such obligations shall have
no
right to have moneys raised by taxation obligated or pledged,
and
moneys raised by taxation shall not be obligated or pledged,
for
the payment of bond service charges. Such holders or owners
shall
have no rights to payment of bond service charges from any
moneys
accruing to the state from the lease, sale, or other
disposition,
or use, of project facilities, or from payment of
the principal of
or interest on loans made, or fees charged for
guarantees made, or
from any money or property received by the
director, treasurer of
state, or the state under Chapter 122. of
the Revised Code, or
from any other use of the proceeds of the
sale of the obligations,
and no such moneys may be used for the
payment of bond service
charges, except for accrued interest,
capitalized interest, and
reserves funded from proceeds received
upon the sale of the
obligations and except as otherwise
expressly provided in the
applicable bond proceedings pursuant to
written directions by the
director. The right of such holders
and owners to payment of bond
service charges is limited to all
or that portion of the pledged
receipts and those special funds
pledged thereto pursuant to the
bond proceedings in accordance
with this section, and each such
obligation shall bear on its
face a statement to that effect.
(D) Obligations shall be authorized by resolution or order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
twenty-five years from the date of issuance, the interest rate or
rates or the maximum interest rate, the date of the obligations
and the dates of payment of interest thereon, their denomination,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.98 to
9.983
of the Revised Code are applicable to obligations issued
under
this section, subject to any applicable limitation under
section
166.11 of the Revised Code. The purpose of such
obligations may
be stated in the bond proceedings in terms
describing the general
purpose or purposes to be served. The
bond proceedings also shall
provide, subject to the provisions of
any other applicable bond
proceedings, for the pledge of all, or
such part as the issuing
authority may determine, of the pledged
receipts and the
applicable special fund or funds to the payment
of bond service
charges, which pledges may be made either prior
or subordinate to
other expenses, claims, or payments, and may be
made to secure the
obligations on a parity with obligations
theretofore or thereafter
issued, if and to the extent provided
in the bond proceedings.
The
pledged receipts and special funds
so pledged and thereafter
received by the state are immediately
subject to the lien of such
pledge without any physical delivery
thereof or further act, and
the lien of any such pledges is valid
and binding against all
parties having claims of any kind against
the state or any
governmental agency of the state, irrespective
of whether such
parties have notice thereof, and shall create a
perfected security
interest for all purposes of Chapter 1309. of
the Revised Code,
without the necessity for separation or
delivery of funds or for
the filing or recording of the bond
proceedings by which such
pledge is created or any certificate,
statement or other document
with respect thereto; and the pledge
of such pledged receipts and
special funds is effective and the
money therefrom and thereof may
be applied to the purposes for
which pledged without necessity for
any act of appropriation.
Every pledge, and every covenant and
agreement made with respect
thereto, made in the bond proceedings
may therein be extended to
the benefit of the owners and holders
of obligations authorized
by this section, and to any trustee
therefor, for the further
security of the payment of the bond
service charges.
(E) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this chapter, with respect
to
particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security obtained or to be obtained for loans
under section 122.43, 166.07, or 166.16 of the Revised Code.
(F) The obligations may have the great seal of the state
or
a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on
the date of such bonds or coupons such person was not the
issuing
authority. If the issuing authority whose signature
or a
facsimile of whose signature appears on any such obligation
or
coupon ceases to be the issuing authority before delivery
thereof,
such signature or facsimile is nevertheless valid and
sufficient
for all purposes as if the former issuing
authority had remained
the issuing
authority until such delivery; and if the seal to be
affixed
to obligations has been changed after a facsimile of the
seal has
been imprinted on such obligations, such facsimile seal
shall
continue to be sufficient as to such obligations and
obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the
provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
Obligations issued to provide moneys for the loan guarantee
fund
or the innovation Ohio loan guarantee fund may, as determined
by the issuing authority, be sold at
private sale, and without
publication of a notice of sale.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations
may be secured additionally by a trust agreement or
indenture
between the issuing authority and a corporate trustee
which may be
any trust company or bank having its principal a place
of business
within the state. Any such agreement or indenture
may contain the
resolution or order authorizing the issuance of
the obligations,
any provisions that may be contained in any bond
proceedings, and
other provisions which are customary or
appropriate in an
agreement or indenture of such type, including,
but not limited
to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement
by mandamus, the appointment of a receiver, suit in
equity, action
at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holders of obligations or trustees under the bond
proceedings, except to the extent that their rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this
state or granted by such bond proceedings. Such rights
include
the right to compel the performance of all duties of the
issuing
authority, the director of development, or the division of liquor
control required by this chapter or the bond
proceedings; to
enjoin unlawful activities; and in the event of
default with
respect to the payment of any bond service charges
on any
obligations or in the performance of any covenant or
agreement on
the part of the issuing authority, the director of
development, or
the division of liquor control in the bond
proceedings, to apply
to a court having jurisdiction of the cause
to appoint a receiver
to receive and administer the pledged
receipts and special funds,
other than those in the custody of
the treasurer of state, which
are pledged to the payment of the
bond service charges on such
obligations or which are the subject
of the covenant or agreement,
with full power to pay, and to
provide for payment of bond service
charges on, such obligations,
and with such powers, subject to the
direction of the court, as
are accorded receivers in general
equity cases, excluding any
power to pledge additional revenues or
receipts or other income
or moneys of the issuing authority or the
state or governmental
agencies of the state to the payment of such
principal and
interest and excluding the power to take possession
of, mortgage,
or cause the sale or otherwise dispose of any
project facilities.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any agreement or lease,
lease-purchase agreement, or loan made under authority of this
chapter, and in every agreement by or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform
such duty, specifically enjoined by the law resulting
from an
office, trust, or station within the meaning of section
2731.01 of
the Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their
personal capacities on any obligations issued by the
issuing
authority or any agreements of or with the issuing
authority.
(L) The issuing authority may authorize and issue
obligations for the refunding, including funding and retirement,
and advance refunding with or without payment or redemption prior
to maturity, of any obligations previously issued by the issuing
authority. Such obligations may be issued in amounts sufficient
for payment of the principal amount of the prior obligations, any
redemption premiums thereon, principal maturities of any such
obligations maturing prior to the redemption of the remaining
obligations on a parity therewith, interest accrued or to accrue
to the maturity dates or dates of redemption of such obligations,
and any allowable costs including expenses incurred or to be
incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of obligations
issued under this division to be applied to bond service charges
on the prior obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or
to the appropriate account in the bond service fund for such
obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise
provided in this section; provided that, unless otherwise
authorized by the general assembly, any limitations imposed by
the
general assembly pursuant to this section with respect to
bond
service charges applicable to the prior obligations shall be
applicable to the obligations issued under this division to
refund, fund, advance refund or retire such prior obligations.
(M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to
the payment of the bonds anticipated, or from the proceeds of
such
bonds or renewal notes, or both, as the issuing authority
provides
in the resolution or order authorizing such notes. Such
notes may
be additionally secured by covenants of the issuing
authority to
the effect that the issuing authority and the state
will do such
or all things necessary for the issuance of such
bonds or renewal
notes in appropriate amount, and apply the
proceeds thereof to the
extent necessary, to make full payment of
the principal of and
interest on such notes at the time or times
contemplated, as
provided in such resolution or order. For such
purpose, the
issuing authority may issue bonds or renewal notes
in such
principal amount and upon such terms as may be necessary
to
provide funds to pay when required the principal of and
interest
on such notes, notwithstanding any limitations
prescribed by or
for purposes of this section. Subject to this
division, all
provisions for and references to obligations in
this section are
applicable to notes authorized under this
division.
The issuing authority in the bond proceedings authorizing
the
issuance of bond anticipation notes shall set forth for such
bonds
an estimated interest rate and a schedule of principal
payments
for such bonds and the annual maturity dates thereof,
and for
purposes of any limitation on bond service charges
prescribed
under division (A) of section 166.11 of the Revised
Code, the
amount of bond service charges on such bond
anticipation notes is
deemed to be the bond service charges for
the bonds anticipated
thereby as set forth in the bond
proceedings applicable to such
notes, but this provision does not
modify any authority in this
section to pledge receipts and
special funds to, and covenant to
issue bonds to fund, the
payment of principal of and interest and
any premium on such
notes.
(N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation, the state teachers retirement
system,
the public employees retirement system, the school
employees
retirement system, and the Ohio police and
fire pension fund,
notwithstanding any other
provisions of the Revised Code or rules
adopted pursuant thereto by any
governmental agency of the state
with respect to investments by
them, and are also acceptable as
security for the deposit of
public moneys.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed as to
principal
and interest by the United States, obligations of this
state or
any political subdivision of this state, and certificates
of deposit of
any national bank located in this state and any
bank, as defined
in section 1101.01 of the Revised Code, subject
to inspection by
the superintendent of banks. If the law or the
instrument
creating a trust pursuant to division (J) of this
section
expressly permits investment in direct obligations of the
United
States or an agency of the United States, unless expressly
prohibited by the
instrument, such moneys also may be invested in
no-front-end-load
money market mutual funds consisting exclusively
of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the
fiduciary itself,
secured by obligations of the United States or
an agency of the United States;
and in common trust funds
established in accordance with section
1111.20 of the Revised Code
and consisting exclusively of any
such securities, notwithstanding
division (A)(4) of that section.
The income from such investments
shall be credited to such funds
as the issuing authority
determines, and such investments may be
sold at such times as the
issuing authority determines or
authorizes.
(P) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Unless
otherwise
provided in any applicable bond proceedings, moneys to
the credit
of or in the several special funds established
pursuant to this
section shall be disbursed on the order of the
treasurer of state,
provided that no such order is required for
the payment from the
bond service fund when due of bond service
charges on obligations.
(Q) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of bond service charges on obligations issued under
this
section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto.
(R) The issuing authority may covenant in the bond
proceedings, and any such covenants are controlling
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are
outstanding, shall:
(1) Maintain statutory authority for and cause to be
charged
and collected wholesale and retail prices for spirituous
liquor
sold by the state or its agents so that the pledged
receipts are
sufficient in amount to meet bond service charges,
and the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings, and, as
necessary, to meet covenants contained in contracts of guarantee
made under section 166.06
of the Revised Code;
(2) Take or permit no action, by statute or otherwise,
that
would impair the exemption from federal income taxation of
the
interest on the obligations.
(S) There is hereby created the economic development bond
service fund, which shall be in the custody of the treasurer of
state but shall be separate and apart from and not a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable
bond proceedings, consistent with this section, to be
deposited,
transferred, or credited to a bond service fund or the
economic
development bond service fund, and all other moneys
transferred or
allocated to or received for the purposes of the
fund, shall be
deposited and credited to such fund and to any
separate accounts
therein, subject to applicable provisions of
the bond proceedings,
but without necessity for any act of
appropriation. During the
period beginning with the date of the
first issuance of
obligations and continuing during such time as
any such
obligations are outstanding, and so long as moneys in
the
pertinent bond service funds are insufficient to pay all bond
services charges on such obligations becoming due in each year, a
sufficient amount of the gross profit on the sale of spirituous
liquor included in pledged receipts are committed and shall be
paid to the bond service fund or economic development bond
service
fund in each year for the purpose of paying the bond
service
charges becoming due in that year without necessity for
further
act of appropriation for such purpose and notwithstanding
anything
to the contrary in Chapter 4301. of the Revised Code.
The
economic development bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation.
(T) The obligations, the transfer thereof, and the income
therefrom, including any profit made on the sale thereof, shall
at
all times be free from taxation within the state.
Sec. 167.04. (A) The regional council of governments shall adopt by-laws, by a majority vote of its
members, designating the officers of the council and the method of their selection
thereof, creating a governing board that may act for the council as provided
in such the by-laws, and providing for the conduct of its business.
(B) The by-laws of the regional council of governments shall provide for the appointment of a
fiscal officer, who may hold any other office or employment with the council,
and who shall receive, deposit, invest, and disburse the funds of the council
in the manner authorized by the by-laws or action by the council.
(C) The by-laws of a regional council of governments the members of which include, under sections 167.01 and 167.02 of the Revised Code, at least eight counties may include a provision authorizing member attendance and voting at council meetings either in person or by proxy.
Sec. 167.10. (A) As used in this section and sections 167.101 to 167.105 of the Revised Code:
(1) "Qualifying council" means a regional council established under section 167.01 of the Revised Code to which both of the following requirements apply:
(a) The council's membership is composed primarily of city, local, and exempted village school districts, or any combination of such districts;
(b) The council is an information technology center approved under section 3301.075 of the Revised Code.
(2) "Securities" means bonds, notes, or other evidence of obligation issued in temporary or permanent form, including book-entry securities.
(B) A qualifying council may acquire, construct, and otherwise improve real and personal property to be used by or for the benefit of the qualifying council or one or more of its members. The acquisition, construction, and improvement may be financed by cash, installment payments with or without a mortgage, lease-purchase agreements, leases with an option to purchase, or securities issued pursuant to section 167.101 of the Revised Code.
Sec. 167.101. (A) A qualifying council may issue securities only for the purpose described in section 167.10 of the Revised Code. The securities may be secured only by the following:
(1) A pledge of and lien on the revenue of the qualifying council, or such lesser portion of the revenue as may be designated by the qualifying council, whether derived from agreements with its members and other persons or from its ownership or operation of any property, including available rates, charges, rents, interest subsidies, debt charges, grants, or payments by federal or state agencies, but excluding funds received pursuant to section 3301.075 of the Revised Code;
(2) Covenants of the qualifying council to maintain rentals, rates, and charges to produce revenue sufficient to do all of the following:
(a) Pay all the current expenses of the property financed with the proceeds of the securities;
(b) Pay the debt charges on the securities;
(c) Establish and maintain any contractually required special funds relating to the securities or the property acquired, constructed, or improved.
(B) The qualifying council may issue securities to fund or refund the securities issued pursuant to division (A) of this section. The qualifying council also may issue securities in anticipation of the proceeds of the securities issued pursuant to this section.
Sec. 167.102. Securities issued under section 167.101 of the Revised Code are special obligation securities and are not general obligations of the state, the issuing qualifying council, the members of the issuing qualifying council, or any political subdivision of the state. Such securities shall not constitute debt for which the full faith and credit of the state, the issuing qualifying council, the members of the issuing qualifying council, or any political subdivision of the state may be pledged. The holder or owner of the securities shall have no right to have money raised by taxation by the state or any political subdivision of the state obligated or pledged, and money so raised shall not be obligated or pledged, for the payment of principal or interest or premium on such securities, and each security shall bear on its face a statement to that effect. Money received by the qualifying council pursuant to section 167.06 of the Revised Code shall not be considered money raised by taxation.
Sec. 167.103. The officers authorized by a qualifying council issuing securities under section 167.101 of the Revised Code shall execute the necessary documents to provide for the pledge, protection, and disposition of the pledged revenues from which debt charges and any special fund deposits are to be paid. Those necessary documents include the issued securities, trust agreements, leases, and other financing documents.
Sec. 167.104. The maximum maturity of securities issued under section 167.101 of the Revised Code shall be governed by section 133.20 of the Revised Code.
Sec. 167.105. Except for sections 9.98 to 9.983 and 167.10 to 167.105 of the Revised Code, the securities issued under section 167.101 of the Revised Code shall not be subject to any other provision of the Revised Code governing the issuance of securities by the state, its agencies, or any political subdivision of the state.
Sec. 173.04. (A) As used in this section, "respite care"
means short-term, temporary care or supervision provided to a
person who has Alzheimer's disease in the absence of the person
who normally provides that care or supervision.
(B) The Through the internet web site maintained by the department of aging, the director of aging shall develop and disseminate new
training materials or disseminate existing Alzheimer's disease training materials for
licensed physicians, registered nurses, licensed practical
nurses, administrators of health care programs, social workers,
and other health care and social service personnel who
participate or assist in the care or treatment of persons who
have Alzheimer's disease. The training materials disseminated through the web site may be developed by the director or obtained from other sources.
(C) To the extent funds are available, the director shall
administer respite care programs and other supportive services
for persons who have Alzheimer's disease and their families or
care givers. Respite care programs shall be approved by the
director and shall be provided for the following purposes:
(1) Giving persons who normally provide care or
supervision for a person who has Alzheimer's disease relief from
the stresses and responsibilities that result from providing such
care;
(2) Preventing or reducing inappropriate institutional
care and enabling persons who have Alzheimer's disease to remain
at home as long as possible.
(D) The director may provide services under this section
to persons with Alzheimer's disease and their families regardless
of the age of the persons with Alzheimer's disease.
(E) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code governing respite care programs
and other supportive services, the distribution of funds, and the
purpose for which funds may be utilized under this section.
(F) The director may create an Alzheimer's disease and related disorders task
force to advise the director on the following:
(1) The rights of persons with
Alzheimer's disease and on the and related disorders;
(2) The development and evaluation of
education and training programs, home care programs, and respite care
programs, and long-term care initiatives as they relate to that serve persons with
Alzheimer's disease and related disorders;
(3) How to serve persons with Alzheimer's disease and related disorders in Ohio's unified long-term care budget system. If
If a task force is created, the members
shall include representatives of the Alzheimer's disease
association and other organizations the director considers
appropriate.
Sec. 173.35. (A) As used in this section, "PASSPORT
administrative agency" means an entity under contract with the
department of aging to provide administrative services regarding
the
PASSPORT
program created under section 173.40 of the Revised
Code.
(B) The department of aging shall administer
the residential
state supplement program under which the state
supplements the
supplemental security income payments received by
aged, blind, or
disabled adults under Title XVI of the "Social
Security Act," 49
Stat. 620 (1935), 42 U.S.C.A., as amended.
Residential state
supplement payments shall be used for the
provision of
accommodations, supervision, and personal care
services to
supplemental security income recipients who the
department
determines are at risk of needing institutional care.
(C) For an individual to be eligible for
residential state
supplement
payments,
all of the following must be the case:
(1) Except as provided by division (G) of this section, the
individual must reside in one of the following:
(a) An adult foster home certified under section 173.36 of
the Revised Code;
(b) A home or facility, other than a nursing home or
nursing
home unit of a home for the aging, licensed by the
department of
health under Chapter 3721. or 3722. of
the Revised Code and certified in accordance with standards established by the director of aging under division (D)(2) of this section;
(c) A community alternative home licensed under section
3724.03 of the Revised Code and certified in accordance with standards established by the director of aging under division (D)(2) of this section;
(d) A residential facility as defined in division
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by
the department of mental health and certified in accordance with standards established by the director of aging under division (D)(2) of this section;
(e) An apartment or room used to provide community mental
health housing services certified by the department of mental
health under
section
5119.611 of the
Revised Code
and approved
by a board of alcohol, drug addiction,
and mental
health services
under division (A)(14) of section
340.03 of the
Revised Code and certified in accordance with standards established by the director of aging under division (D)(2) of this section.
(2) Effective July 1, 2000, a
PASSPORT
administrative agency
must have determined that the environment in which the
individual
will be living while receiving the payments is appropriate for the
individual's needs. If the individual is eligible for
supplemental security
income payments or social security
disability insurance benefits because of a
mental disability, the
PASSPORT
administrative agency shall refer the individual to a
community mental health
agency for the community mental health
agency to issue in accordance with
section 340.091 of the Revised
Code a recommendation on whether the PASSPORT
administrative
agency should determine that the environment in which the
individual will be living while receiving the payments is
appropriate for the
individual's needs. Division (C)(2) of this
section does not apply
to an individual receiving residential
state supplement payments on
June 30, 2000, until the individual's
first eligibility
redetermination after that date.
(3) The individual satisfies all eligibility requirements
established by
rules adopted under division (D) of this section.
(D)(1) The directors of aging and job
and family services shall
adopt rules in
accordance with section 111.15 of the Revised Code
as necessary to
implement the residential state supplement
program.
To the extent
permitted by Title XVI of the "Social Security
Act," and any
other provision of federal law, the director of
job
and family services shall
adopt rules establishing standards for
adjusting the eligibility requirements
concerning
the level of
impairment a person must have so that the amount appropriated for
the program by the general assembly is adequate for the number of
eligible
individuals. The rules shall not limit the eligibility
of disabled persons
solely on a basis classifying disabilities as
physical or mental. The
director of job and family
services also
shall adopt
rules that establish eligibility standards for
aged,
blind, or disabled individuals who reside in
one of the homes or
facilities specified in division (C)(1)
of
this
section but who,
because of their income, do not receive
supplemental security
income payments. The rules may provide that these
individuals may
include individuals who receive other types of benefits,
including, social security disability insurance benefits provided
under
Title II of the "Social Security
Act," 49 Stat. 620 (1935),
42 U.S.C.A. 401, as
amended. Notwithstanding division
(B) of this
section, such payments may be made if funds are
available for
them.
The director of aging shall adopt rules establishing
the
method to be used
to determine the amount an eligible individual
will receive under the program.
The amount the general assembly
appropriates for the program shall be a
factor
included in the
method that department establishes.
(2) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for certification of living facilities described in division (C)(1) of this section.
The directors of aging and mental health shall enter into an agreement to certify facilities that apply for certification and meet the standards established by the director of aging under this division.
(E) The county department of job and family services of
the
county
in which an
applicant
for the residential state supplement
program resides shall determine whether
the applicant meets income
and resource requirements for the program.
(F) The department of aging shall maintain a waiting list
of
any
individuals eligible for payments under this section but not
receiving them because moneys appropriated to the department for
the purposes of this section are insufficient to make payments to
all eligible individuals. An individual may apply to be placed
on
the waiting list even though the individual does not reside in one
of the
homes or facilities specified in division (C)(1) of this
section at
the time of application. The Individuals on the waiting list
who reside in a
community setting not required to be licensed or
certified shall have their
eligibility for the payments assessed
before other individuals on the waiting
list.
The director of aging, by
rules adopted
in
accordance with Chapter 119. of the Revised Code,
shall specify
procedures and requirements for placing an
individual on the
waiting list. Individuals on the waiting list
who reside in a
community setting not required to be licensed or
certified shall have their
eligibility for the payments assessed
before other individuals on the waiting
list.
The director may adopt rules giving priority to individuals placed on the waiting list on or after July 1, 2006, who receive supplemental security income benefits under Title XVI of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as amended. The rules shall not affect the place on the waiting list of any person who was on the list on July 1, 2006.
(G) An individual in a licensed or certified living
arrangement receiving state supplementation on November 15, 1990,
under former section 5101.531 of the Revised Code shall not
become
ineligible for payments under this section solely by
reason of the
individual's living arrangement as long as
the individual remains
in the living arrangement in which
the individual resided on
November 15, 1990.
(H) The department of aging shall notify each person
denied
approval for payments under this section of the
person's right to
a hearing. On request, the hearing shall be provided by
the
department of job and family services in accordance
with section
5101.35
of the Revised Code.
Sec. 173.351. (A) As used in this section:
"Area agency on aging" has the same meaning as in section 173.14 of the Revised Code.
"Long-term care consultation program" means the program the department of aging is required to develop under section 173.42 of the Revised Code.
"Long-term care consultation program administrator" or "administrator" means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
"Residential state supplement program" means the program administered pursuant to section 173.35 of the Revised Code.
(B) Each month, each area agency on aging shall determine whether individuals who reside in the area that the area agency on aging serves and are on a waiting list for the residential state supplement program have been admitted to a nursing facility. If an area agency on aging determines that such an individual has been admitted to a nursing facility, the agency shall notify the long-term care consultation program administrator serving the area in which the individual resides about the determination. The administrator shall determine whether the residential state supplement program is appropriate for the individual and whether the individual would rather participate in the program than continue residing in the nursing facility. If the administrator determines that the residential state supplement program is appropriate for the individual and the individual would rather participate in the program than continue residing in the nursing facility, the administrator shall so notify the department of aging. On receipt of the notice from the administrator, the department of aging shall approve the individual's enrollment in the residential state supplement program regardless of the program's waiting list and even though the enrollment causes enrollment in the program to exceed the limit that would otherwise apply. Each quarter, the department of aging shall certify to the director of budget and management the estimated increase in costs of the residential state supplement program resulting from enrollment of individuals in the program pursuant to this section.
(C) Not later than the last day of each calendar year, the director of aging shall submit to the general assembly a report regarding the number of individuals enrolled in the residential state supplement program pursuant to this section and the costs incurred and savings achieved as a result of the enrollments.
Sec. 173.401. (A) As used in this section:
"Area agency on aging" has the same meaning as in section 173.14 of the Revised Code.
"Long-term care consultation program" means the program the department of aging is required to develop under section 173.42 of the Revised Code.
"Long-term care consultation program administrator" or "administrator" means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
"PASSPORT program" means the program created under section 173.40 of the Revised Code.
"PASSPORT waiver" means the federal medicaid waiver granted by the United States secretary of health and human services that authorizes the PASSPORT program.
(B) The director of job and family services shall submit to the United States secretary of health and human services an amendment to the PASSPORT waiver that authorizes additional enrollments in the PASSPORT program pursuant to this section. Beginning with the month following the month in which the United States secretary approves the amendment and each month thereafter, each area agency on aging shall determine whether individuals who reside in the area that the area agency on aging serves and are on a waiting list for the PASSPORT program have been admitted to a nursing facility. If an area agency on aging determines that such an individual has been admitted to a nursing facility, the agency shall notify the long-term care consultation program administrator serving the area in which the individual resides about the determination. The administrator shall determine whether the PASSPORT program is appropriate for the individual and whether the individual would rather participate in the PASSPORT program than continue residing in the nursing facility. If the administrator determines that the PASSPORT program is appropriate for the individual and the individual would rather participate in the PASSPORT program than continue residing in the nursing facility, the administrator shall so notify the department of aging. On receipt of the notice from the administrator, the department of aging shall approve the individual's enrollment in the PASSPORT program regardless of the PASSPORT program's waiting list and even though the enrollment causes enrollment in the program to exceed the limit that would otherwise apply. Each quarter, the department of aging shall certify to the director of budget and management the estimated increase in costs of the PASSPORT program resulting from enrollment of individuals in the PASSPORT program pursuant to this section.
(C) Not later than the last day of each calendar year, the director of job and family services shall submit to the general assembly a report regarding the number of individuals enrolled in the PASSPORT program pursuant to this section and the costs incurred and savings achieved as a result of the enrollments.
Sec. 173.85. (A) The Ohio's best Rx program fund is hereby created. The fund shall be in the custody of the treasurer of state, but shall not be part of the state treasury. The fund shall consist of the following:
(1) Manufacturer payments made by participating manufacturers pursuant to agreements entered into under section 173.81 of the Revised Code;
(2) Administrative fees, if an administrative fee is determined by the department of aging in rules adopted under section 173.83 of the Revised Code;
(3) Any amounts donated to the fund and accepted by the department;
(4) The fund's investment earnings.
(B) Money in the Ohio's best Rx program fund shall be used to make payments under section 173.801 of the Revised Code and to make transfers to the Ohio's best Rx administration fund in accordance with section 173.86 of the Revised Code.
Sec. 173.86. (A) The Ohio's best Rx administration fund is hereby created in the state treasury. The treasurer of state director of budget and management shall transfer from the Ohio's best Rx program fund to the Ohio's best Rx administration fund amounts equal to the following:
(1) Amounts resulting from application of the program administration percentage, if a program administration percentage is determined by the department of aging in rules adopted under section 173.83 of the Revised Code;
(2) The amount of the administrative fees charged Ohio's best Rx participants, if an administrative fee is determined by the department of aging in rules adopted under section 173.83 of the Revised Code;
(3) The amount of any donations credited to the Ohio's best Rx program fund;
(4) The amount of investment earnings credited to the Ohio's best Rx program fund.
The treasurer of state director of budget and management shall make the transfers in accordance with a schedule developed by the treasurer of state director and the department of aging.
(B) The department of aging shall use money in the Ohio's best Rx administration fund to pay the administrative costs of the Ohio's best Rx program, including, but not limited to, costs associated with contracted services, staff, outreach activities, computers and network services, and the Ohio's best Rx program council. If the fund includes an amount that exceeds the amount necessary to pay the administrative costs of the program, the department may use the excess amount to pay the cost of subsidies provided to Ohio's best Rx program participants under any subsidy program established pursuant to section 173.861 of the Revised Code.
Sec. 174.03. (A) The department of development and the
Ohio
housing finance agency shall each develop programs under
which, in
accordance with rules adopted under this section, they
may make
grants, loans, loan guarantees, and loan subsidies to
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations and may make loans, loan
guarantees, and
loan subsidies to private developers and private
lenders to assist
in activities that provide housing
and
housing
assistance for specifically targeted low- and
moderate-income
families and individuals.
There is no
minimum housing
project size for awards under this division for
any project that
is developed for a special needs population
and that is
supported by a social service agency where the housing
project
is located. Activities for which grants, loans,
loan
guarantees, and
loan subsidies may be made
under this section
include
all of the following:
(1) Acquiring, financing, constructing, leasing,
rehabilitating, remodeling, improving, and equipping publicly or
privately owned housing;
(2) Providing supportive services related to housing and
the
homeless, including housing counseling. Not
more than twenty per
cent of the current year appropriation
authority for the low- and
moderate-income housing trust fund that remains after the award of funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of section 174.02 of the Revised Code,
shall be awarded in any fiscal
year for supportive services.
(3) Providing rental assistance payments or other project
operating subsidies that lower tenant rents.
(B)
Activities listed under division (A) of this section may include emergency shelter care programs for unaccompanied youth seventeen years of age and younger.
(C) Grants, loans, loan guarantees,
and loan
subsidies may
be
made to counties, municipal
corporations, townships, and
nonprofit
organizations for the
additional purposes of providing
technical
assistance, design and
finance services and
consultation, and
payment of pre-development
and administrative
costs related to any
of the activities listed
above.
(C)(D) In developing programs under this section, the
department and
the agency shall invite, accept, and consider
public
comment, and recommendations from the housing trust fund
advisory
committee created under section 174.06 of the Revised
Code, on
how the programs should be designed to most effectively
benefit
low- and moderate-income families and individuals. The
programs
developed under this section shall respond collectively
to
housing and housing assistance needs of low- and
moderate-income
families and individuals statewide.
(D)(E) The department and
the agency, in accordance with
Chapter
119. of the Revised Code, shall each adopt rules to administer programs developed under this
section.
The rules shall prescribe procedures and forms that
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations shall use in applying for
grants,
loans, loan
guarantees,
and loan subsidies and that private
developers
and private
lenders shall use in applying for loans, loan
guarantees, and loan
subsidies;
eligibility criteria for the
receipt of funds;
procedures for
reviewing and granting or denying
applications;
procedures for
paying out funds; conditions on the
use of funds;
procedures for
monitoring the use of funds; and
procedures under
which a
recipient shall be required to repay
funds that are
improperly
used. The rules shall do
both of the
following:
(1) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a rental
housing
project, to
reasonably ensure that the rental housing
project
will remain
affordable to those families and individuals
targeted for
the
rental housing project for the useful life of the
rental
housing
project or for thirty years, whichever is longer;
(2) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a housing
project to
prepare
and implement a plan to reasonably assist any
families
and
individuals displaced by the housing project in
obtaining
decent
affordable housing.
(E)(F) In prescribing eligibility criteria and conditions for
the use of funds, neither the department nor the agency is limited to
the criteria and conditions specified in this section and each
may
prescribe additional eligibility criteria and conditions that
relate to the purposes for which
grants, loans, loan guarantees,
and loan subsidies may be made. However, the
department and
agency are limited by the following specifically
targeted low-
and
moderate-income guidelines:
(1) Not less than seventy-five per cent of the money
granted
and loaned under this section in any
fiscal year shall be
for
activities that provide affordable housing and housing
assistance to families and individuals whose incomes
are equal to or less than
fifty per cent of the median
income for
the county in which they live, as determined by the department under
section
174.04 of the Revised Code.
(2) Any money
granted and loaned under
this
section in any
fiscal year that is not granted or loaned pursuant to division (E)(F)(1) of this section shall be for activities
that
provide
affordable housing and housing assistance to
families
and
individuals whose incomes are equal to or
less
than
eighty per cent of the median income for the county in which they live, as
determined by the department under section 174.04 of the Revised
Code.
(F)(G) In making
grants, loans, loan guarantees,
and loan
subsidies under this section, the department and
the
agency shall
give preference to viable projects and activities
that
benefit those families and individuals whose
incomes
are equal to or less than
thirty-five per cent of
the median
income for the county in which they live, as determined by the department
under
section 174.04 of the Revised Code.
(G)(H) The department and
the
agency
shall monitor the programs developed under this section to
ensure
that money granted and loaned under this section is not
used in a
manner that violates division (H) of section 4112.02 of
the
Revised Code or discriminates against families with children.
Sec. 174.06. (A) There is hereby created the housing trust
fund advisory committee. The committee consists of fourteen
members the governor appoints as follows to
represent organizations committed to housing and housing
assistance for low- and moderate-income persons:
(1) One member to represent lenders.
(2) One member to represent for-profit builders and
developers.
(3) One member to represent the families and
individuals included in the income groups targeted for housing
and housing assistance under divisions (E) and (F) and (G) of section
174.03 of the Revised Code.
(4) One member to represent religious, civic, or social
service organizations.
(5) One member to represent counties.
(6) One member to represent municipal corporations.
(7) One member to represent townships.
(8) One member to represent local housing authorities.
(9) One member to represent fair housing organizations.
(10) Three members to represent nonprofit organizations.
(11) One member to represent real estate brokers
licensed under Chapter 4735. of the Revised Code.
(12) One member to represent the for-profit rental
housing industry.
(B)(1) Terms of office are for four years, with each term
ending on the same day of the same month as did the term that it
succeeds. Each member shall hold office from the date of
appointment until the end of the term for which the member was appointed.
Vacancies shall be filled in the manner prescribed for the
original appointment. A member appointed to fill a vacancy
occurring prior to the expiration of a term shall hold office for the remainder of
that term. A member shall continue in office subsequent to the
expiration of a term until a successor takes office or until
a period of sixty days has elapsed, whichever occurs first.
(2) The governor may remove a member for
misfeasance, malfeasance, or willful neglect of duty.
(C)(1) The committee shall select a chairperson from among its
members. The committee shall meet at least once each calendar
year and upon the call of the chair. Members of the committee
serve without compensation, but shall be reimbursed for
reasonable and necessary expenses incurred in the discharge of
duties.
(2) The department of development shall provide the committee
with a meeting place, supplies, and staff assistance as the committee requests.
(D) The committee shall assist the department and the Ohio
housing finance agency in defining housing needs and priorities,
recommend to the department and agency at least
annually how the programs developed under section 174.02 of
the Revised Code should be designed to most effectively benefit
low- and moderate-income persons, consider an allocation of funds for projects of fifteen units or less, and advise the
director of development on whether and how to reallocate money in the low- and
moderate-income housing trust fund under division (B) of section
174.02 of the Revised Code.
Sec. 183.01. As used in this chapter:
(A) "Tobacco master settlement agreement" means the settlement
agreement (and related documents) entered into on November 23,
1998 by the state and leading United States tobacco product
manufacturers.
(B) "Net amounts credited to the tobacco master settlement
agreement fund" means all amounts credited to the tobacco master settlement
agreement fund during a fiscal year, minus all amounts
required to be transferred under section 183.02 of the Revised
Code to the education facilities trust fund, the
education facilities endowment
fund,
and the income tax reduction fund during the fiscal year.
In addition, in fiscal year
2000, "net amounts credited to the tobacco master settlement agreement
fund" does not include amounts credited to the tobacco use prevention
and cessation trust fund, law enforcement improvements trust fund, and
southern Ohio agricultural and community development trust fund
from the first payment received that year.
(C) "Southern Ohio" includes any county in this state
where tobacco has traditionally been grown.
Sec. 183.021. (A) No money from the tobacco master
settlement
agreement fund, as that fund existed prior to the repeal of section 183.02 of the Revised Code by H.B. 119 of the 127th general assembly, shall be expended to do any of the
following:
(1) Hire an executive agency lobbyist, as defined under
section
121.60 of the Revised Code, or a legislative agent, as
defined
under section 101.70 of the Revised Code;
(2) Support or oppose candidates, ballot questions,
referendums,
or ballot initiatives.
(B) Nothing in this section prohibits any of the following
from
advocating on behalf of the specific objectives of a program
funded under
this chapter:
(1) The members of the board of trustees, executive
director, or
employees of the tobacco use prevention and control
foundation;
(2) The members of the board of trustees, executive
director, or
employees of the southern Ohio agricultural and
community
development foundation;
(3) The members or employees of the
third
frontier commission or the members of the third frontier advisory
board.
Sec. 183.061. The board of trustees of the tobacco use prevention and control foundation may form a nonprofit corporation pursuant to Chapter 1702. of the Revised Code for the purpose of raising money to aid the foundation in the conduct of its duties under Chapter 183. of the Revised Code.
Sec. 183.17. The fiscal year of the southern Ohio
agricultural
and community development foundation shall be the
same as the fiscal year
of the state.
Within ninety days after the end of each fiscal year, the
foundation shall submit to the governor and the general assembly
both of
the following:
(A) A report of the activities of the foundation during the
preceding fiscal year. The report shall also contain an
independent
evaluation of the progress being made by the
foundation in
carrying out its duties.
(B) A financial report of the foundation for the preceding
year,
which shall include both:
(1) Information on the amount and percentage of overhead and
administrative expenditures compared to programmatic expenditures;
(2) An independent auditor's report on the
basic
financial
statements
and required supplementary information
of the
foundation. Such financial
statements shall
be prepared in
conformity with generally accepted
accounting principles
prescribed for governmental entities.
On or before July 1, 2010, the foundation shall report to the
governor and the general assembly on the progress that the
foundation has made
in replacing the production of tobacco in
southern Ohio with the production of other agricultural products
and in mitigating the adverse economic impact of reduced tobacco
production in
the region.
If the
foundation concludes that a
need
for additional funding still exists, the
foundation may
request
that provision be made for a portion of the payments
credited to
the tobacco master settlement agreement fund to
continue to be
transferred to the southern Ohio agricultural and
community
development trust fund.
Sec. 183.33. No money shall be appropriated or transferred from
the general revenue fund to the tobacco master settlement agreement
fund, tobacco use prevention and cessation trust fund, tobacco use
prevention and control endowment fund, law enforcement
improvements trust fund, southern Ohio agricultural and community
development trust fund, southern Ohio agricultural and community
development foundation endowment fund, Ohio's public health
priorities trust fund, biomedical research and technology transfer
trust fund, education facilities trust fund, education facilities
endowment fund, or education technology trust fund. In addition,
no money shall be otherwise appropriated or transferred from the
general revenue fund for the use of the tobacco use prevention and
control foundation or the southern Ohio agricultural and community
development foundation.
Sec. 183.34. There is hereby created in the state treasury
the tobacco settlement oversight, administration, and enforcement
fund, to which shall be credited consist of amounts transferred under
division (I) of section 183.02 of the Revised Code prior to the repeal of that section by H.B. 119 of the 127th general assembly. The attorney
general shall use the fund to pay costs incurred in the oversight,
administration, and enforcement of the tobacco master settlement
agreement.
Sec. 183.35. There is hereby created in the state treasury
the tobacco settlement enforcement fund, to which shall be
credited consist of amounts transferred under division (J) of section 183.02
of the Revised Code prior to the repeal of that section by H.B. 119 of the 127th general assembly. The tax commissioner shall use the fund to
pay costs incurred in the enforcement of divisions (F) and (G) of
section 5743.03 of the Revised Code.
Sec. 183.51. (A) As used in this section and in the applicable bond proceedings unless otherwise provided:
(1) "Bond proceedings" means the resolutions, orders, indentures, purchase and sale and trust and other agreements including any amendments or supplements to them, and credit enhancement facilities, and amendments and supplements to them, or any one or more or combination of them, authorizing, awarding, or providing for the terms and conditions applicable to or providing for the security or liquidity of, the particular obligations, and the provisions contained in those obligations.
(2) "Bond service fund" means the bond service fund created in the bond proceedings for the obligations.
(3) "Capital facilities" means, as applicable, capital facilities or projects as referred to in section 151.03 or 151.04 of the Revised Code.
(4) "Consent decree" means the consent decree and final judgment entered November 25, 1998, in the court of common pleas of Franklin county, Ohio, as the same may be amended or supplemented from time to time.
(5) "Cost of capital facilities" has the same meaning as in section 151.01 of the Revised Code, as applicable.
(6) "Credit enhancement facilities," "financing costs," and "interest" or "interest equivalent" have the same meanings as in section 133.01 of the Revised Code.
(7) "Debt service" means principal, including any mandatory sinking fund or redemption requirements for retirement of obligations, interest and other accreted amounts, interest equivalent, and any redemption premium, payable on obligations. If not prohibited by the applicable bond proceedings, "debt service" may include costs relating to credit enhancement facilities that are related to and represent, or are intended to provide a source of payment of or limitation on, other debt service.
(8) "Improvement fund" means, as applicable, the school building program assistance fund created in section 3318.25 of the Revised Code and the higher education improvement fund created in section 154.21 of the Revised Code.
(9) "Issuing authority" means the buckeye tobacco settlement financing authority created in section 183.52 of the Revised Code.
(10) "Net proceeds" means amounts received from the sale of obligations, excluding amounts used to refund or retire outstanding obligations, amounts required to be deposited into special funds pursuant to the applicable bond proceedings, and amounts to be used to pay financing costs.
(11) "Obligations" means bonds, notes, or other evidences of obligation of the issuing authority, including any appertaining interest coupons, issued by the issuing authority under this section and Section 2i of Article VIII, Ohio Constitution, for the purpose of providing funds to the state, in exchange for the assignment and sale described in division (B) of this section, for the purpose of paying costs of capital facilities for: (a) housing branches and agencies of state government limited to facilities for a system of common schools throughout the state and (b) state-supported or state-assisted institutions of higher education.
(12) "Pledged receipts" means, as and to the extent provided for in the applicable bond proceedings:
(a) Pledged tobacco settlement receipts;
(b) Accrued interest received from the sale of obligations;
(c) Income from the investment of the special funds;
(d) Additional or any other specific revenues or receipts lawfully available to be pledged, and pledged, pursuant to the bond proceedings, including but not limited to amounts received under credit enhancement facilities, to the payment of debt service.
(13) "Pledged tobacco settlement receipts" means all amounts received by the issuing authority pursuant to division (B) of this section.
(14) "Principal amount" means the aggregate of the amount as stated or provided for in the applicable bond proceedings as the amount on which interest or interest equivalent on particular obligations is initially calculated. "Principal amount" does not include any premium paid to the issuing authority by the initial purchaser of the obligations. "Principal amount" of a capital appreciation bond, as defined in division (C) of section 3334.01 of the Revised Code, means its original face amount and not its accreted value, and "principal amount" of a zero coupon bond, as defined in division (J) of section 3334.01 of the Revised Code, means the discounted offering price at which the bond is initially sold to the public, disregarding any purchase price discount to the original purchaser, if provided in or for pursuant to the bond proceedings.
(15) "Special funds" or "funds," unless the context indicates otherwise, means the bond service fund, and any other funds, including any reserve funds, created under the bond proceedings and stated to be special funds in those proceedings, including moneys and investments, and earnings from investments, credited and to be credited to the particular fund. "Special funds" does not include any improvement fund or investment earnings on amounts in any improvement fund, or other funds created by the bond proceedings that are not stated by those proceedings to be special funds.
(B) The state may assign and sell to the issuing authority, and the issuing authority may accept and purchase, all or a portion of the amounts to be received by the state under the tobacco master settlement agreement for a purchase price payable by the issuing authority to the state consisting of the net proceeds of obligations and any residual interest, if any. Any such assignment and sale shall be irrevocable in accordance with its terms during the period any obligations secured by amounts so assigned and sold are outstanding under the applicable bond proceedings, and shall constitute a contractual obligation to the holders or owners of those obligations. Any such assignment and sale shall also be treated as an absolute transfer and true sale for all purposes, and not as a pledge or other security interest. The characterization of any such assignment and sale as a true sale and absolute transfer shall not be negated or adversely affected by only a portion of the amounts to be received under the tobacco master settlement agreement being transferred, the acquisition or retention by the state of a residual interest, the participation of any state officer or employee as a member or officer of, or providing staff support to, the issuing authority, any responsibility of an officer or employee of the state for collecting the amounts to be received under the tobacco master settlement agreement or otherwise enforcing that agreement or retaining any legal title to or interest in any portion of the amounts to be received under that agreement for the purpose of these collection activities, any characterization of the issuing authority or its obligations for purposes of accounting, taxation, or securities regulation, or by any other factors whatsoever. A true sale shall exist under this section regardless of whether the issuing authority has any recourse against the state or any other term of the bond proceedings or the treatment or characterization of the transfer as a financing for any purpose. Upon and following the assignment and sale, the state shall not have any right, title, or interest in the portion of the receipts under the tobacco master settlement agreement so assigned and sold, other than any residual interest that may be described in the applicable bond proceedings for those obligations, and that portion, if any, shall be the property of the issuing authority and not of the state, and shall be paid directly to the issuing authority, and shall be owned, received, held, and disbursed by the issuing authority and not by the state.
The state may covenant, pledge, and agree in the bond proceedings, with and for the benefit of the issuing authority, the holders and owners of obligations, and providers of any credit enhancement facilities, that it shall: (1) maintain statutory authority for, and cause to be collected and paid directly to the issuing authority or its assignee, the pledged receipts, (2) enforce the rights of the issuing authority to receive the receipts under the tobacco master settlement agreement assigned and sold to the issuing authority, (3) not limit or alter the rights of the issuing authority to fulfill the terms of its agreements with the holders or owners of obligations outstanding under the bond proceedings, (4) not in any way impair the rights and remedies of the holders or owners of obligations outstanding under the bond proceedings or impair the security for those obligations, (5) enforce Chapter 1346. of the Revised Code, the tobacco master settlement agreement, and the consent decree to effectuate the collection of the pledged tobacco settlement receipts, and (6) not agree to any amendment of the tobacco master settlement agreement that materially and adversely affects the issuing authority's ability to receive the portion of the receipts under the tobacco master settlement agreement assigned and sold to the issuing authority.
The bond proceedings may also include such other covenants, pledges, and agreements by the state to protect and safeguard the security and rights of the holders and owners of the obligations, and of the providers of any credit enhancement facilities, including, without limiting the generality of the foregoing, any covenant, pledge, or agreement customary in transactions involving the issuance of securities the debt service on which is payable from or secured by amounts received under the tobacco master settlement agreement. Notwithstanding any other provision of law, any covenant, pledge, and agreement of the state, if and when made in the bond proceedings, shall be controlling and binding upon, and enforceable against the state in accordance with its terms for so long as any obligations are outstanding under the applicable bond proceedings. The bond proceedings may also include limitations on the remedies available to the issuing authority, the holders and owners of the obligations, and the providers of any credit enhancement facilities, including, without limiting the generality of the foregoing, a provision that those remedies may be limited to injunctive relief in circumstances where there has been no prior determination by a court of competent jurisdiction that the state has not enforced Chapter 1346. of the Revised Code, the tobacco master settlement agreement, or the consent decree as may have been covenanted or agreed in the bond proceedings under division (B)(5) of this section.
Nothing in this section or the bond proceedings shall preclude or limit, or be construed to preclude or limit, the state from regulating or authorizing or permitting the regulation of smoking or from taxing and regulating the sale of cigarettes or other tobacco products, or from defending or prosecuting cases or other actions relating to the sale or use of cigarettes or other tobacco products. Except as otherwise may be agreed in writing by the attorney general, nothing in this section or the bond proceedings shall modify or limit, or be construed to modify or limit, the responsibility, power, judgment, and discretion of the attorney general to protect and discharge the duties, rights, and obligations of the state under the tobacco master settlement agreement, the consent decree, or Chapter 1346. of the Revised Code.
The governor and the director of budget and management, in consultation with the attorney general, on behalf of the state, and any member or officer of the issuing authority as authorized by that issuing authority, on behalf of the issuing authority, may take any action and execute any documents, including any purchase and sale agreements, necessary to effect the assignment and sale and the acceptance of the assignment and title to the receipts including, providing irrevocable direction to the escrow agent acting under the tobacco master settlement agreement to transfer directly to the issuing authority the amounts to be received under that agreement that are subject to such assignment and sale. Any purchase and sale agreement or other bond proceedings may contain the terms and conditions established by the state and the issuing authority to carry out and effectuate the purposes of this section, including, without limitation, covenants binding the state in favor of the issuing authority and its assignees and the owners of the obligations. Any such purchase and sale agreement shall be sufficient to effectuate such purchase and sale without regard to any other laws governing other property sales or financial transactions by the state.
Not later than two years following the date on which there are no longer any obligations outstanding under the bond proceedings, all assets of the issuing authority shall vest in the state, the issuing authority shall execute any necessary assignments or instruments, including any assignment of any right, title, or ownership to the state for receipt of amounts under the tobacco master settlement agreement, and the issuing authority shall be dissolved.
(C) The issuing authority is authorized to issue and to sell obligations as provided in this section. The aggregate principal amount of obligations issued under this section shall not exceed six billion dollars, exclusive of obligations issued under division (M)(1) of this section to refund, renew, or advance refund other obligations issued or incurred. At least seventy-five per cent of the aggregate net proceeds of the obligations issued under the authority of this section, exclusive of obligations issued to refund, renew, or advance refund other obligations, shall be paid to the state for deposit into the school building program assistance fund created in section 3318.25 of the Revised Code.
(D) Each issue of obligations shall be authorized by resolution or order of the issuing authority. The bond proceedings shall provide for or authorize the manner for determining the principal amount or maximum principal amount of obligations of an issue, the principal maturity or maturities, the interest rate or rates, the date of and the dates of payment of interest on the obligations, their denominations, and the place or places of payment of debt service which may be within or outside the state. Unless otherwise provided by law, the latest principal maturity may not be later than the earlier of the thirty-first day of December of the fiftieth calendar year after the year of issuance of the particular obligations or of the fiftieth calendar year after the year in which the original obligation to pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of the Revised Code apply to the obligations.
The purpose of the obligations may be stated in the bond proceedings in general terms, such as, as applicable, "paying costs of capital facilities for a system of common schools" and "paying costs of facilities for state-supported and state-assisted institutions of higher education." Unless otherwise provided in the bond proceedings or in division (C) of this section, the net proceeds from the issuance of the obligations shall be paid to the state for deposit into the applicable improvement fund. Notwithstanding division (B)(4) of section 3318.38 of the Revised Code, net proceeds of obligations deposited into the school building program assistance fund created in section 3318.25 of the Revised Code may be used to pay basic project costs under section 3318.38 of the Revised Code at the times determined by the Ohio school facilities commission without regard to whether those expenditures are in proportion to the state's and the school district's respective shares of that basic project cost; provided that this shall not result in any change in the state or school district shares of the basic project costs provided under Chapter 3318. of the Revised Code. As used in the preceding sentence, "Ohio school facilities commission" and "basic project costs" have the same meanings as in section 3318.01 of the Revised Code.
(E) The issuing authority may, without need for any other approval, appoint or provide for the appointment of paying agents, bond registrars, securities depositories, credit enhancement providers or counterparties, clearing corporations, and transfer agents, and retain or contract for the services of underwriters, investment bankers, financial advisers, accounting experts, marketing, remarketing, indexing, and administrative agents, other consultants, and independent contractors, including printing services, as are necessary in the judgment of the issuing authority to carry out the issuing authority's functions under this section and section 183.52 of the Revised Code. The attorney general as counsel to the issuing authority shall represent the authority in the execution of its powers and duties, and shall institute and prosecute all actions on its behalf. The issuing authority, in consultation with the attorney general, shall select counsel, and the attorney general shall appoint the counsel selected, for the purposes of carrying out the functions under this section and related sections of the Revised Code. Financing costs are payable, as may be provided in the bond proceedings, from the proceeds of the obligations, from special funds, or from other moneys available for the purpose, including as to future financing costs, from the pledged receipts.
(F) The issuing authority may irrevocably pledge and assign all, or such portion as the issuing authority determines, of the pledged receipts to the payment of the debt service charges on obligations issued under this section, and for the establishment and maintenance of any reserves, as provided in the bond proceedings, and make other provisions in the bond proceedings with respect to pledged receipts as authorized by this section, which provisions are controlling notwithstanding any other provisions of law pertaining to them. Any and all pledged receipts received by the issuing authority and required by the bond proceedings, consistent with this section, to be deposited, transferred, or credited to the bond service fund, and all other money transferred or allocated to or received for the purposes of that fund, shall be deposited and credited to the bond service fund created in the bond proceedings for the obligations, subject to any applicable provisions of those bond proceedings, but without necessity for any act of appropriation. Those pledged receipts shall immediately be subject to the lien of that pledge without any physical delivery thereof or further act, and shall not be subject to other court judgments. The lien of the pledge of those pledged receipts shall be valid and binding against all parties having claims of any kind against the issuing authority, irrespective of whether those parties have notice thereof. The pledge shall create a perfected security interest for all purposes of Chapter 1309. of the Revised Code and a perfected lien for purposes of any other interest, all without the necessity for separation or delivery of funds or for the filing or recording of the applicable bond proceedings by which that pledge is created or any certificate, statement, or other document with respect thereto. The pledge of the pledged receipts shall be effective and the money therefrom and thereof may be applied to the purposes for which pledged.
(G) Obligations may be further secured, as determined by the issuing authority, by an indenture or a trust agreement between the issuing authority and a corporate trustee, which may be any trust company or bank having a place of business within the state. Any indenture or trust agreement may contain the resolution or order authorizing the issuance of the obligations, any provisions that may be contained in any bond proceedings, and other provisions that are customary or appropriate in an agreement of that type, including, but not limited to:
(1) Maintenance of each pledge, indenture, trust agreement, or other instrument comprising part of the bond proceedings until the issuing authority has fully paid or provided for the payment of debt service on the obligations secured by it;
(2) In the event of default in any payments required to be made by the bond proceedings, enforcement of those payments or agreements by mandamus, the appointment of a receiver, suit in equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of obligations and of the trustee and provisions for protecting and enforcing them, including limitations on rights of individual holders and owners.
(H) The bond proceedings may contain additional provisions customary or appropriate to the financing or to the obligations or to particular obligations including, but not limited to, provisions for:
(1) The redemption of obligations prior to maturity at the option of the issuing authority or of the holder or upon the occurrence of certain conditions, and at a particular price or prices and under particular terms and conditions;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application of special funds, and the safeguarding of moneys on hand or on deposit, in lieu of the applicability of provisions of Chapter 131. or 135. of the Revised Code, but subject to any special provisions of this section with respect to the application of particular funds or moneys. Any financial institution that acts as a depository of any moneys in special funds or other funds under the bond proceedings may furnish indemnifying bonds or pledge securities as required by the issuing authority.
(4) Any or every provision of the bond proceedings being binding upon the issuing authority and upon such governmental agency or entity, officer, board, authority, agency, department, institution, district, or other person or body as may from time to time be authorized to take actions as may be necessary to perform all or any part of the duty required by the provision;
(5) The maintenance of each pledge or instrument comprising part of the bond proceedings until the issuing authority has fully paid or provided for the payment of the debt service on the obligations or met other stated conditions;
(6) In the event of default in any payments required to be made by the bond proceedings, or by any other agreement of the issuing authority made as part of a contract under which the obligations were issued or secured, including a credit enhancement facility, the enforcement of those payments by mandamus, a suit in equity, an action at law, or any combination of those remedial actions;
(7) The rights and remedies of the holders or owners of obligations or of book-entry interests in them, and of third parties under any credit enhancement facility, and provisions for protecting and enforcing those rights and remedies, including limitations on rights of individual holders or owners;
(8) The replacement of mutilated, destroyed, lost, or stolen obligations;
(9) The funding, refunding, or advance refunding, or other provision for payment, of obligations that will then no longer be outstanding for purposes of this section or of the applicable bond proceedings;
(10) Amendment of the bond proceedings;
(11) Any other or additional agreements with the owners of obligations, and such other provisions as the issuing authority determines, including limitations, conditions, or qualifications, relating to any of the foregoing or the activities of the issuing authority in connection therewith.
The bond proceedings shall make provision for the payment of the expenses of the enforcement activity of the attorney general referred to in division (B) of this section from the amounts from the tobacco master settlement agreement assigned and sold to the issuing authority under that division or from the proceeds of obligations, or a combination thereof, which may include provision for both annual payments and a special fund providing reserve amounts for the payment of those expenses.
The issuing authority shall not, and shall covenant in the bond proceedings that it shall not, be authorized to and shall not file a voluntary petition under the United States Bankruptcy Code, 11 U.S.C. 101 et seq., as amended, or voluntarily commence any similar bankruptcy proceeding under state law including, without limitation, consenting to the appointment of a receiver or trustee or making a general or specific assignment for the benefit of creditors, and neither any public officer or any organization, entity, or other person shall authorize the issuing authority to be or become a debtor under the United States Bankruptcy Code or take any of those actions under the United States Bankruptcy Code or state law. The state hereby covenants, and the issuing authority shall covenant, with the holders or owners of the obligations, that the state shall not permit the issuing authority to file a voluntary petition under the United States Bankruptcy Code or take any of those actions under the United States Bankruptcy Code or state law during the period obligations are outstanding and for any additional period for which the issuing authority covenants in the bond proceedings, which additional period may, but need not, be a period of three hundred sixty-seven days or more.
(I) The obligations requiring execution by or for the issuing authority shall be signed as provided in the bond proceedings, and may bear the official seal of the issuing authority or a facsimile thereof. Any obligation may be signed by the individual who, on the date of execution, is the authorized signer even though, on the date of the obligations, that individual is not an authorized signer. In case the individual whose signature or facsimile signature appears on any obligation ceases to be an authorized signer before delivery of the obligation, that signature or facsimile is nevertheless valid and sufficient for all purposes as if that individual had remained the authorized signer until delivery.
(J) Obligations are investment securities under Chapter 1308. of the Revised Code. Obligations may be issued in bearer or in registered form, registrable as to principal alone or as to both principal and interest, or both, or in certificated or uncertificated form, as the issuing authority determines. Provision may be made for the exchange, conversion, or transfer of obligations and for reasonable charges for registration, exchange, conversion, and transfer. Pending preparation of final obligations, the issuing authority may provide for the issuance of interim instruments to be exchanged for the final obligations.
(K) Obligations may be sold at public sale or at private sale, in such manner, and at such price at, above, or below par, all as determined by and provided by the issuing authority in the bond proceedings.
(L) Except to the extent that rights are restricted by the bond proceedings, any owner of obligations or provider of or counterparty to a credit enhancement facility may by any suitable form of legal proceedings protect and enforce any rights relating to obligations or that facility under the laws of this state or granted by the bond proceedings. Those rights include the right to compel the performance of all applicable duties of the issuing authority and the state. Each duty of the issuing authority and that issuing authority's officers, staff, and employees, and of each state entity or agency, or using district or using institution, and its officers, members, staff, or employees, undertaken pursuant to the bond proceedings, is hereby established as a duty of the entity or individual having authority to perform that duty, specifically enjoined by law and resulting from an office, trust, or station within the meaning of section 2731.01 of the Revised Code. The individuals who are from time to time members of the issuing authority, or their designees acting pursuant to section 183.52 of the Revised Code, or the issuing authority's officers, staff, agents, or employees, when acting within the scope of their employment or agency, shall not be liable in their personal capacities on any obligations or otherwise under the bond proceedings, or for otherwise exercising or carrying out any purposes or powers of the issuing authority.
(M)(1) Subject to any applicable limitations in division (C) of this section, the issuing authority may also authorize and provide for the issuance of:
(a) Obligations in the form of bond anticipation notes, and may authorize and provide for the renewal of those notes from time to time by the issuance of new notes. The holders of notes or appertaining interest coupons have the right to have debt service on those notes paid solely from the moneys and special funds, and all or any portion of the pledged receipts, that are or may be pledged to that payment, including the proceeds of bonds or renewal notes or both, as the issuing authority provides in the bond proceedings authorizing the notes. Notes may be additionally secured by covenants of the issuing authority to the effect that the issuing authority will do all things necessary for the issuance of bonds or renewal notes in such principal amount and upon such terms as may be necessary to provide moneys to pay when due the debt service on the notes, and apply their proceeds to the extent necessary, to make full and timely payment of debt service on the notes as provided in the applicable bond proceedings. In the bond proceedings authorizing the issuance of bond anticipation notes the issuing authority shall set forth for the bonds anticipated an estimated schedule of annual principal payments the latest of which shall be no later than provided in division (D) of this section. While the notes are outstanding there shall be deposited, as shall be provided in the bond proceedings for those notes, from the sources authorized for payment of debt service on the bonds, amounts sufficient to pay the principal of the bonds anticipated as set forth in that estimated schedule during the time the notes are outstanding, which amounts shall be used solely to pay the principal of those notes or of the bonds anticipated.
(b) Obligations for the refunding, including funding and retirement, and advance refunding, with or without payment or redemption prior to maturity, of any obligations previously issued under this section and any bonds or notes previously issued for the purpose of paying costs of capital facilities for: (i) state-supported or state-assisted institutions of higher education as authorized by sections 151.01 and 151.04 of the Revised Code, pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution, and (ii) housing branches and agencies of state government limited to facilities for a system of common schools throughout the state as authorized by sections 151.01 and 151.03 of the Revised Code, pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution. Refunding obligations may be issued in amounts sufficient to pay or to provide for repayment of the principal amount, including principal amounts maturing prior to the redemption of the remaining prior obligations or bonds or notes, any redemption premium, and interest accrued or to accrue to the maturity or redemption date or dates, payable on the prior obligations or bonds or notes, and related financing costs and any expenses incurred or to be incurred in connection with that issuance and refunding. Subject to the applicable bond proceedings, the portion of the proceeds of the sale of refunding obligations issued under division (M)(1)(b) of this section to be applied to debt service on the prior obligations or bonds or notes shall be credited to an appropriate separate account in the bond service fund and held in trust for the purpose by the issuing authority or by a corporate trustee, and may be invested as provided in the bond proceedings. Obligations authorized under this division shall be considered to be issued for those purposes for which the prior obligations or bonds or notes were issued.
(2) The principal amount of refunding, advance refunding, or renewal obligations issued pursuant to division (M) of this section shall be in addition to the amount authorized in division (C) of this section.
(N) Obligations are lawful investments for banks, savings and loan associations, credit union share guaranty corporations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of the state and political subdivisions and taxing districts of this state, notwithstanding any other provisions of the Revised Code or rules adopted pursuant to those provisions by any state agency with respect to investments by them, and are also acceptable as security for the repayment of the deposit of public moneys. The exemptions from taxation in Ohio as provided for in particular sections of the Ohio Constitution and section 5709.76 of the Revised Code apply to the obligations.
(O)(1) Unless otherwise provided or provided for in any applicable bond proceedings, moneys to the credit of or in a special fund shall be disbursed on the order of the issuing authority. No such order is required for the payment, from the bond service fund or other special fund, when due of debt service or required payments under credit enhancement facilities.
(2) Payments received by the issuing authority under interest rate hedges entered into as credit enhancement facilities under this section shall be deposited as provided in the applicable bond proceedings.
(P) The obligations shall not be general obligations of the state and the full faith and credit, revenue, and taxing power of the state shall not be pledged to the payment of debt service on them or to any guarantee of the payment of that debt service. The holders or owners of the obligations shall have no right to have any moneys obligated or pledged for the payment of debt service except as provided in this section and in the applicable bond proceedings. The rights of the holders and owners to payment of debt service are limited to all or that portion of the pledged receipts, and those special funds, pledged to the payment of debt service pursuant to the bond proceedings in accordance with this section, and each obligation shall bear on its face a statement to that effect.
(Q) Each bond service fund is a trust fund and is hereby pledged to the payment of debt service on the applicable obligations. Payment of that debt service shall be made or provided for by the issuing authority in accordance with the bond proceedings without necessity for any act of appropriation. The bond proceedings may provide for the establishment of separate accounts in the bond service fund and for the application of those accounts only to debt service on specific obligations, and for other accounts in the bond service fund within the general purposes of that fund.
(R) Subject to the bond proceedings pertaining to any obligations then outstanding in accordance with their terms, the issuing authority may in the bond proceedings pledge all, or such portion as the issuing authority determines, of the moneys in the bond service fund to the payment of debt service on particular obligations, and for the establishment and maintenance of any reserves for payment of particular debt service.
(S)(1) Unless otherwise provided in any applicable bond proceedings, moneys to the credit of special funds may be invested by or on behalf of the issuing authority only in one or more of the following:
(a) Notes, bonds, or other direct obligations of the United States or of any agency or instrumentality of the United States, or in no-front-end-load money market mutual funds consisting exclusively of those obligations, or in repurchase agreements, including those issued by any fiduciary, secured by those obligations, or in collective investment funds consisting exclusively of those obligations;
(b) Obligations of this state or any political subdivision of this state;
(c) Certificates of deposit of any national bank located in this state and any bank, as defined in section 1101.01 of the Revised Code, subject to inspection by the superintendent of financial institutions;
(d) The treasurer of state's pooled investment program under section 135.45 of the Revised Code;
(e) Other investment agreements or repurchase agreements that are consistent with the ratings on the obligations.
(2) The income from investments referred to in division (S)(1) of this section shall be credited to special funds or otherwise as the issuing authority determines in the bond proceedings. Those investments may be sold or exchanged at times as the issuing authority determines, provides for, or authorizes.
(T) The treasurer of state shall have responsibility for keeping records, making reports, and making payments, relating to any arbitrage rebate requirements under the applicable bond proceedings.
(U) The issuing authority shall make quarterly reports to the general assembly of the amounts in, and activities of, each improvement fund, including amounts and activities on the subfund level. Each report shall include a detailed description and analysis of the amount of proceeds remaining in each fund from the sale of obligations pursuant to this section, and any other deposits, credits, interest earnings, disbursements, expenses, transfers, or activities of each fund.
(V) The costs of the annual audit of the authority conducted pursuant to section 117.112 of the Revised Code are payable, as may be provided in the bond proceedings, from the proceeds of the obligations, from special funds, or from other moneys available for the purpose, including as to future financing costs, from the pledged receipts.
Sec. 183.52. (A) There is hereby created a body, both corporate and politic, constituting a public body, agency, and instrumentality of this state and performing essential functions of the state, to be known as the buckeye tobacco settlement financing authority, which in that name may contract and be contracted with, sue and be sued, and exercise all other authority vested in that authority by this section and section 183.51 of the Revised Code. The authority is created for the sole purpose of purchasing and receiving any assignment of the tobacco settlement receipts and issuing obligations, all as provided for in section 183.51 of the Revised Code, to provide financing of essential functions and facilities. The property of the authority and its income and operations shall be exempt from taxation involving the state or by the state and any political subdivision of the state. All income of the authority, after the payment of necessary expenses, shall accrue to the state.
(B) The authority shall consist of, in each case ex officio, the governor, the director of budget and management, the tax commissioner, the treasurer of state, and the auditor of state. The governor shall serve as the chair of the authority, the director of budget and management shall serve as its secretary, and the authority shall have such other officers as it determines, who may but need not be members of the authority. Four members of the authority constitute a quorum and the affirmative vote of four members is necessary for any action taken by vote of the authority. No vacancy in the membership of the authority shall impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the authority. Each of the members above identified may designate an employee or officer of their office to attend meetings of the authority when that member is absent or unable for any reason to attend and that designee, when present, shall be counted in determining whether a quorum is present at any meeting and may vote and participate in all proceedings and actions of the authority. A designee may not execute or cause a facsimile signature to be placed on any obligation. That designation shall be in writing, executed by the designating member, and be filed with the secretary of the authority. A designation may be changed from time to time by a similar written designation. The authority may delegate to such of its members, officers, employees, or staff as it determines those powers and duties as it deems appropriate. No member of the authority or designee shall, by reason of being or serving as a member of the authority, be required to abstain from action in any other capacity as an incumbent of a state office or position or from any action as a member of the authority in any matter affecting or in any way pertaining to both that office or position and the authority, or for any purpose be deemed to be disqualified from either such office or position or as a member of the authority by reason of so acting or to have violated any law by reason thereof. The authority may adopt and alter bylaws and rules for the conduct of its affairs, including provisions for meetings, and for the manner in which its powers and functions are to be exercised and embodied, and may adopt and alter at will an official seal to be affixed to official documents, provided that the failure to affix any such seal shall not affect the legality of such documents. Members of the authority shall receive no added compensation for their services as such members but may be reimbursed, as determined by the authority, for their necessary and actual expenses incurred in the conduct of the authority's business. The office of budget and management shall provide staff support to the authority.
Notwithstanding the existence of common management, the authority shall be treated and accounted for as a separate and independent legal entity with its separate purposes as set forth in this section and section 183.51 of the Revised Code. The assets, liabilities, and funds of the authority shall not be consolidated or commingled with those of the state, and contracts entered into by the authority shall be entered into in the name of the authority and not in the name of the state.
The authority shall prepare annually an operating and financial statement covering the authority's operations for the preceding fiscal year.
(C) In connection with the exercise of its powers pursuant to this section and section 183.51 of the Revised Code, the authority may enter into contracts and execute all instruments necessary or incidental to the performance of the issuing authority's duties and the execution of the issuing authority's powers and do all other acts necessary or proper to the fulfillment of the issuing authority's purposes and to carry out the powers expressly granted in this section and section 183.51 of the Revised Code. The authority is subject to sections 121.22 and 149.43 of the Revised Code.
(D) Unless otherwise provided in Article IV of the Ohio Constitution, any action, suit, or special proceeding brought against the issuing authority or the state concerning or relating to the bond proceedings, section 183.51 of the Revised Code, or this section, shall be filed and determined in the court of claims under Chapter 2743. of the Revised Code. Any special proceeding brought against the issuing authority or the state in which the court of appeals has original jurisdiction shall be filed and determined in the court of appeals of Franklin county. Any such action or proceeding to which the issuing authority or the state is a party shall be preferred over all other civil causes of action or cases, except election causes of action or cases, irrespective of position on the calendar.
Sec. 305.31. The procedure for submitting to a referendum a resolution adopted by a board of county commissioners under division (H) of section 307.695 of the Revised Code that is not submitted to the electors of the county for their approval or disapproval;
any resolution adopted by a board of county commissioners
pursuant
to division (D)(1) of section 307.697, section
322.02, 322.06,
or
324.02,
sections 1515.22 and 1515.24, division (B)(1) of section
4301.421, section
4504.02, 5739.021, or 5739.026,
division (A)(6) of section 5739.09, section 5741.021,
or
5741.023, or division (C)(1) of section
5743.024 of the Revised
Code; or a rule adopted pursuant to section 307.79
of the Revised
Code shall be as prescribed by this
section.
Except as otherwise provided in this paragraph, when a
petition, signed by ten per cent of the number of
electors who
voted for governor at the most recent general
election for the
office of governor in the county, is filed with
the county auditor
within thirty days after the date
the
resolution is passed or
rule is adopted by the board of county
commissioners, or is filed
within forty-five days after the
resolution is passed, in the case
of a resolution adopted
pursuant to section 5739.021 of the
Revised Code that is passed
within one year after a resolution
adopted pursuant to that
section has been rejected or repealed by
the electors, requesting
that
the resolution be submitted to
the
electors of
the county
for their approval or rejection,
the
county auditor shall, after
ten days following the filing
of the
petition, and not later than
four p.m. of the seventy-fifth
day
before the day of election,
transmit a certified copy of the
text
of the resolution or rule
to the board of elections. In the
case
of a petition requesting that a
resolution adopted under
division
(D)(1) of section 307.697, division
(B)(1) of section
4301.421, or
division (C)(1) of section
5743.024
of the Revised
Code be
submitted to electors for their approval or rejection,
the
petition
shall be signed by seven per cent of the number of
electors who voted for
governor at the most recent election for
the office of
governor in the
county. The county auditor shall
transmit the
petition to the board together with the certified
copy of the
resolution or rule. The board shall examine all
signatures on
the petition to determine the number of electors of
the county
who signed the petition. The board shall return the
petition to
the auditor within ten days after receiving it,
together with a
statement attesting to the number of such electors
who signed the
petition. The board shall submit the resolution or
rule to the
electors of the county, for their approval or
rejection, at the
succeeding general election held in the county
in any year,
or on the day of the succeeding primary election held
in the
county in even-numbered years, occurring subsequent to
seventy-five days after the auditor certifies the sufficiency and
validity of the petition to the board of elections.
No resolution shall go into effect until approved by the
majority of those voting upon it. However, a rule shall take
effect and remain in effect unless and until a majority of the
electors voting on the question of repeal approve the repeal.
Sections 305.31 to 305.41 of the Revised Code do not prevent a
county, after the passage of any resolution or adoption of any
rule, from proceeding at once to give any notice or make any
publication required by the resolution or rule.
The board of county commissioners shall make available to
any
person, upon request, a certified copy of any resolution or
rule
subject to the procedure for submitting a referendum under
sections 305.31 to 305.42 of the Revised Code beginning on the
date the resolution or rule is adopted by the board. The board
may charge a fee for the cost of copying the resolution or rule.
As used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and
exact reproduction of the original resolution or rule.
Sec. 307.672. (A) As used in this section:
(1)
"Bonds" means general obligation bonds, or notes in
anticipation thereof, of the county described in division
(B)(1)(b) of this section, and general obligation bonds, or notes
in anticipation thereof, of the host municipal corporation
described in division (B)(2)(a) of this section.
(2)
"Corporation" means a nonprofit corporation that is
organized under the laws of this state and that includes within
the purposes for which it is incorporated the authorization to
lease and operate facilities such as a municipal educational and
cultural facility.
(3)
"Debt service charges" means, for any period or
payable
at any time, the principal of and interest and any
premium due on
bonds for that period or payable at that time
whether due at
maturity or upon mandatory redemption, together
with any required
deposits to reserves for the payment of
principal of and interest
on such bonds.
(4)
"Host municipal corporation" means the municipal
corporation within the boundaries of which a municipal
educational
and cultural facility is or will be located.
(5)
"Municipal educational and cultural facility" means a
facility that may consist of a museum, archives, library, hall of
fame, center for contemporary music, or other facilities
necessary
to provide programs of an educational, recreational,
and cultural
nature, together with all parking facilities,
walkways, and other
auxiliary facilities, real and personal
property, property rights,
easements, and interests that may be
appropriate for, or used in
connection with, the operation of the
facility.
(B) The legislative authorities of a county and a host
municipal corporation may enter into a cooperative agreement with
a corporation, under which:
(1) The legislative authority of the county agrees to:
(a) Levy a tax under division (E) of section
5739.09 of
the
Revised Code, for a period not to exceed fifteen
years unless extended under that division for an additional period of time, to pay
the
costs of acquiring, constructing, equipping, and
improving a
municipal educational and cultural facility, including
the debt
service charges on bonds;
(b) Issue bonds of the county pursuant to Chapter 133. of
the Revised Code for the purpose of acquiring, constructing,
equipping, and improving a municipal educational and cultural
facility;
(c) Contribute revenue from the tax and the proceeds from
the bonds described in divisions (B)(1)(a) and (b) of this
section
to the host municipal corporation for the purpose of
acquiring,
constructing, equipping, and improving a municipal
educational and
cultural facility;
(2) The host municipal corporation agrees to:
(a) Issue bonds of the host municipal corporation pursuant
to Chapter 133. of the Revised Code for the purpose of acquiring,
constructing, equipping, and improving a municipal educational
and
cultural facility;
(b) Acquire, construct, equip, and improve a municipal
educational and cultural facility;
(c) Accept from the county pursuant to the cooperative
agreement the revenues of the tax and the proceeds of the bonds
described in divisions (B)(1)(a) and (b) of this section;
(d) Lease a municipal educational and cultural facility to
the corporation, or contract with the corporation for the
operation and maintenance of the facility;
(e) To the extent provided for in the cooperative
agreement
or the lease or contract with the corporation,
authorize the
corporation to administer on behalf of the host
municipal
corporation the contracts for acquiring, constructing,
equipping,
and improving a municipal educational and cultural
facility.
(3) The corporation agrees to:
(a) Either lease the municipal educational and cultural
facility from the host municipal corporation and operate and
maintain the facility pursuant to the lease, or enter into a
contract with the host municipal corporation pursuant to which
the
corporation shall operate and maintain the facility on behalf
of
the host municipal corporation;
(b) To the extent provided for in the cooperative
agreement
or the lease or contract with the host municipal
corporation,
administer on behalf of the host municipal
corporation the
contracts for acquiring, constructing, equipping,
or improving a
municipal educational and cultural facility.
(C) A tax levied pursuant to division (E) of section
5739.09 of the Revised Code, the revenue from which is to
be
used
to pay debt service charges on bonds described in division
(B)(1)
or (2) of this section is not subject to diminution by
initiative
or referendum or diminution by statute, unless
provision is made
therein for an adequate substitute therefor
reasonably
satisfactory to the legislative authorities of the
host
municipal
corporation and the county.
(D) The legislative authorities of a county and a host
municipal
corporation that have entered into a cooperative
agreement with a corporation
pursuant to division (B) of this
section may amend that cooperative
agreement, with the
participation of the corporation and a port authority as
defined
in section
307.674 of the Revised Code, to provide also for a port
authority educational and cultural
performing arts facility in
accordance with section 307.674 of the Revised Code. Such an
amendment shall become effective only to the extent that the tax
levied under
division (E) of section
5739.09 of the
Revised Code
is not needed for the duration
of the original tax to
pay costs of
the municipal educational and cultural
facility,
including debt
service charges on related bonds, as determined by
the parties to
the amendment. The tax may be pledged and paid by
the parties
to
the amendment for the balance of the duration of
the tax to a port
authority educational and cultural performing
arts facility.
Sec. 307.695. (A) As used in this section:
(1) "Arena" means any structure designed and constructed for the purpose of providing a venue for public entertainment and recreation by the presentation of concerts, sporting and athletic events, and other events and exhibitions, including facilities intended to house or provide a site for one or more athletic or sports teams or activities, spectator facilities, parking facilities, walkways, and auxiliary facilities, real and personal property, property rights, easements, leasehold estates, and interests that may be appropriate for, or used in connection with, the operation of the arena.
(2) "Convention
center" means any structure expressly designed and constructed
for
the purposes of presenting conventions, public meetings, and
exhibitions and includes parking facilities that serve the center
and any personal property used in connection with any such
structure or facilities.
(3) "Eligible county" means a county having a population of at least four hundred thousand but not more than eight hundred thousand according to the 2000 federal decennial census and that directly borders the geographic boundaries of another state.
(4)
"Entity" means a nonprofit corporation, a municipal corporation, a port authority created under Chapter 4582. of the Revised Code, or a convention facilities authority created under Chapter 351. of the Revised Code.
(5) "Lodging taxes" means excise taxes levied under division (A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and the revenues arising therefrom.
(6) "Nonprofit corporation" means a nonprofit corporation that is organized under the laws of this state and that includes within the purposes for which it is incorporated the authorization to lease and operate facilities such as a convention center or an arena or a combination of an arena and convention center.
(7) "Project" means acquiring, constructing, reconstructing, renovating, rehabilitating, expanding, adding to, equipping, furnishing or otherwise improving an arena, a convention center, or a combination of an arena and convention center. For purposes of this section, a project is a permanent improvement for one purpose under Chapter 133. of the Revised Code.
(8) "Project revenues" means money received by an eligible a county with a population greater than four hundred thousand but less than five hundred thousand, other than money from taxes or from the proceeds of securities secured by taxes, in connection with, derived from, related to, or resulting from a project, including, but not limited to, rentals and other payments received under a lease or agreement with respect to the project, ticket charges or surcharges for admission to events at a project, charges or surcharges for parking for events at a project, charges for the use of a project or any portion of a project, including suites and seating rights, the sale of naming rights for the project or a portion of the project, unexpended proceeds of any county revenue bonds issued for the project, and any income and profit from the investment of the proceeds of any such revenue bonds or any project revenues.
(9) "Chapter 133. securities," "debt charges," "general obligation," "legislation," "one purpose," "outstanding," "permanent improvement," "person," and "securities" have the meanings given to those terms in section 133.01 of the Revised Code.
(B) A board of county commissioners may enter into an
agreement with a convention and visitors' bureau operating in the
county under which:
(1) The bureau agrees to construct and equip a convention
center in the county and to pledge and contribute from the tax
revenues received by it under division (A) of section
5739.09 of
the Revised Code, not more than such portion thereof that it is
authorized to pledge and contribute for the purpose
described in
division (C) of this section; and
(2) The board agrees to levy a tax under division (C) of
section
5739.09 of the Revised Code and pledge and
contribute
the
revenues therefrom for the purpose described in
division (C)
of
this section.
(C) The purpose of the pledges and contributions described
in divisions (B)(1) and (2) of this section is payment of
principal, interest, and premium, if any, on bonds and notes
issued by or for the benefit of the bureau to finance the
construction and equipping of a convention center. The pledges
and contributions provided for in the agreement shall be for the
period stated in the agreement.
Revenues determined from time to time by the board to be needed
to
cover the real and actual costs of administering the tax
imposed
by division (C) of section
5739.09 of the Revised Code
may not be
pledged or contributed. The agreement shall provide
that any such
bonds and notes shall be secured by a trust
agreement between the
bureau or other issuer acting for the
benefit of the bureau and a
corporate trustee that is a trust
company or bank having the
powers of a trust company within or
without the state, and the
trust agreement shall pledge or assign
to the retirement of the
bonds or notes, all moneys paid by the
county under this section.
A tax the revenues from which are
pledged under an agreement
entered into by a board of county
commissioners under this section
shall not be subject to
diminution by initiative or referendum, or
diminution by statute,
unless provision is made therein for an
adequate substitute
therefor reasonably satisfactory to the
trustee under the trust
agreement that secures the bonds and
notes.
(D) A pledge of money by a county under division (B) of this section shall
not be indebtedness of the county for purposes of Chapter 133. of
the Revised Code.
(E) If the terms of the agreement so provide, the board of
county commissioners may acquire and lease real property to the
convention bureau as the site of the convention center. The
lease
shall be
on
such terms as are set forth in the agreement. The purchase
and
lease are not subject to the limitations of sections 307.02
and
307.09 of the Revised Code.
(F) In addition to the authority granted to a board of county commissioners under divisions (B) to (E) of this section, a board of county commissioners in a county with a population of one million two hundred thousand or more may establish and provide local funding options for constructing and equipping, or a county with a population greater than four hundred thousand but less than five hundred thousand, may purchase, for cash or by installment payments, enter into lease-purchase agreements for, lease with an option to purchase, lease, construct, enlarge, improve, rebuild, equip, or furnish a convention center.
(G) The board of county commissioners of an eligible a county with a population greater than four hundred thousand but less than five hundred thousand may undertake, finance, operate, and maintain a project. The board may lease a project to an entity on terms that the board determines to be in the best interest of the county and in furtherance of the public purpose of the project; the lease may be for a term of thirty-five years or less and may provide for an option of the entity to renew the lease for a term of thirty-five years or less. The board may enter into an agreement with an entity with respect to a project on terms that the board determines to be in the best interest of the county and in furtherance of the public purpose of the project. To the extent provided for in an agreement or a lease with an entity, the board may authorize the entity to administer on behalf of the board any contracts for the project. The board may enter into an agreement providing for the sale to a person of naming rights to a project or portion of a project, for a period, for consideration, and on other terms and conditions that the board determines to be in the best interest of the county and in furtherance of the public purpose of the project. The board may enter into an agreement with a person owning or operating a professional athletic or sports team providing for the use by that person of a project or portion of a project for that team's offices, training, practices, and home games for a period, for consideration, and on other terms and conditions that the board determines to be in the best interest of the county and in furtherance of the public purpose of the project. The board may establish ticket charges or surcharges for admission to events at a project, charges or surcharges for parking for events at a project, and charges for the use of a project or any portion of a project, including suites and seating rights, and may, as necessary, enter into agreements related thereto with persons for a period, for consideration, and on other terms and conditions that the board determines to be in the best interest of the county and in furtherance of the public purpose of the project. A lease or agreement authorized by this division is not subject to sections 307.02, 307.09, and 307.12 of the Revised Code.
(H) Notwithstanding any contrary provision in Chapter 5739. of the Revised Code, after adopting a resolution declaring it to be in the best interest of the county to undertake a project as described in division (G) of this section, the board of county commissioners of an eligible county may adopt a resolution enacting or increasing any lodging taxes within the limits specified in Chapter 5739. of the Revised Code with respect to those lodging taxes and amending any prior resolution under which any of its lodging taxes have been imposed in order to provide that those taxes, after deducting the real and actual costs of administering the taxes and any portion of the taxes returned to any municipal corporation or township as provided in division (A)(1) of section 5739.09 of the Revised Code, shall be used by the board for the purposes of undertaking, financing, operating, and maintaining the project, including paying debt charges on any securities issued by the board under division (I) of this section, or to make contributions to the convention and visitors' bureau operating within the county, or to promote, advertise, and market the region in which the county is located, all as the board may determine and make appropriations for from time to time, subject to the terms of any pledge to the payment of debt charges on outstanding general obligation securities or special obligation securities authorized under division (I) of this section. A resolution adopted under division (H) of this section shall be adopted not earlier than January 15, 2007, and not later than January 15, 2008.
A resolution adopted under division (H) of this section may direct the board of elections to submit the question of enacting or increasing lodging taxes, as the case may be, to the electors of the county at a special election held on the date specified by the board in the resolution, provided that the election occurs not less than seventy-five days after a certified copy of the resolution is transmitted to the board of elections and no later than January 15, 2008. A resolution submitted to the electors under this division shall not go into effect unless it is approved by a majority of those voting upon it. A resolution adopted under division (H) of this section that is not submitted to the electors of the county for their approval or disapproval is subject to a referendum as provided in sections 305.31 to 305.41 of the Revised Code.
A resolution adopted under division (H) of this section takes effect upon its adoption, unless the resolution is submitted to the electors of the county for their approval or disapproval, in which case the resolution takes effect on the date the board of county commissioners receives notification from the board of elections of the affirmative vote. Lodging taxes received after the effective date of the resolution may be used for the purposes described in division (H) of this section, except that lodging taxes that have been pledged to the payment of debt charges on any bonds or notes issued by or for the benefit of a convention and visitors' bureau under division (C) of this section shall be used exclusively for that purpose until such time as the bonds or notes are no longer outstanding under the trust agreement securing those bonds or notes.
(I)(1) The board of county commissioners of an eligible a county with a population greater than four hundred thousand but less than five hundred thousand may issue the following securities of the county for the purpose of paying costs of the project, refunding any outstanding county securities issued for that purpose, refunding any outstanding bonds or notes issued by or for the benefit of the bureau under division (C) of this section, or for any combination of those purposes:
(a) General obligation securities issued under Chapter 133. of the Revised Code. The resolution authorizing these securities may include covenants to appropriate annually from lawfully available lodging taxes, and to continue to levy and collect those lodging taxes in, amounts necessary to meet the debt charges on those securities.
(b) Special obligation securities issued under Chapter 133. of the Revised Code that are secured only by lawfully available lodging taxes and any other taxes and revenues pledged to pay the debt charges on those securities, except ad valorem property taxes. The resolution authorizing those securities shall include a pledge of and covenants to appropriate annually from lawfully available lodging taxes and any other taxes and revenues pledged for such purpose, and to continue to collect any of those revenues pledged for such purpose and to levy and collect those lodging taxes and any other taxes pledged for such purpose, in amounts necessary to meet the debt charges on those securities. The pledge is valid and binding from the time the pledge is made, and the lodging taxes so pledged and thereafter received by the county are immediately subject to the lien of the pledge without any physical delivery of the lodging taxes or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the county, regardless of whether such parties have notice of the lien. Neither the resolution nor any trust agreement by which a pledge is created or further evidenced is required to be filed or recorded except in the records of the board. The special obligation securities shall contain a statement on their face to the effect that they are not general obligation securities, and, unless paid from other sources, are payable from the pledged lodging taxes.
(c) Revenue securities authorized under section 133.08 of the Revised Code and
issued under Chapter 133. of the Revised Code that are secured only by lawfully available project revenues pledged to pay the debt charges on those
securities.
(2) The securities described in division (I)(1) of this section are subject to Chapter 133. of the Revised Code.
(3) Section 133.34 of the Revised Code, except for division (A) of that section, applies to the issuance of any
refunding securities authorized under this division. In lieu of division (A) of section 133.34 of the Revised Code, the board of county commissioners shall establish the maturity date or dates, the interest payable on, and other terms of refunding securities as it considers necessary or appropriate for their issuance, provided that the final maturity of refunding securities shall not exceed by more than ten years the final maturity of any bonds refunded by refunding securities.
(4) The board may not repeal, rescind, or reduce all or any portion of any lodging taxes pledged to the payment of debt charges on any outstanding special obligation securities authorized under this division, and no portion of any lodging taxes that is pledged, or that the board has covenanted to levy, collect, and appropriate annually to pay debt charges on any outstanding securities authorized under this division is subject to repeal, rescission, or reduction by the electorate of the county.
Sec. 307.98. Boards As used in this section, "county grantee" has the same meaning as in section 5101.21 of the Revised Code.
Each board of county
commissioners may and each other county grantee of the county shall jointly enter into one or more written fiscal grant agreements with the
director of job and family services in accordance with
section 5101.21 of the Revised
Code. If a board enters into a fiscal agreement, the The board of county commissioners shall enter into the agreement on behalf of the county family services agencies, other than a county family services agency that is a county signer as defined in section 5101.21 of the Revised Code grantee.
Sec. 307.981. (A)(1) As
used in the
Revised Code:
(a) "County family services
agency" means all of the
following:
(i) A child support enforcement agency;
(ii) A county department of job and
family services;
(iii) A public children services agency.
(b) "Family services duty"
means a duty state law requires
or allows a county family services agency to
assume, including financial and general administrative duties. "Family services duty" does not include a duty funded by the United States department of labor.
(2) As used in sections
307.981 to 307.989 of the Revised Code, "private entity"
means an entity other than a government entity.
(B) To the extent permitted by federal law, including, when applicable, subpart
F of 5 C.F.R. part 900, and
subject to any limitations established by the Revised
Code, including division (H) of this section,
a board of
county commissioners may designate any private or government
entity within this state to serve as any of the following:
(1) A child support enforcement agency;
(2) A county
department of job and family services;
(3) A public children services agency;
(4) A county department of job and family services and one other of
those county family services
agencies;
(5) All three of
those county family services agencies.
(C) To the extent permitted by federal law, including, when applicable, subpart F of 5 C.F.R. part 900, and subject to any limitations of the Revised Code, including division (H) of this section, a board of county commissioners may change
the
designation it makes under division (B) of this section by
designating another private or government entity.
(D) If a
designation under division (B) or (C) of this section
constitutes
a change from the designation in a fiscal grant agreement between
the director of job and family services and the board under sections 307.98 and 5101.21 of the Revised Code, the director may
require that the director and board amend the fiscal grant agreement and that
the board provide the director written assurances that the
newly designated private or government entity will meet or exceed
all requirements of the family services duties the entity is to assume.
(E) Not
less than sixty days before a board of county commissioners designates
an entity
under division (B) or (C) of this section, the board
shall notify the director
of job and family services and publish notice in a
newspaper of general
circulation in the county of the board's intention to make the
designation and reasons for the designation.
(F) A board of county commissioners shall enter into a written
contract with each entity it designates under division (B) or
(C) of this section
specifying the entity's responsibilities and standards the
entity is required to meet.
(G) This section does not require a board of county
commissioners to abolish the child support enforcement agency,
county department of job and family services, or public
children services
agency serving the county on
October 1, 1997, and designate a different private or
government entity to serve
as the county's child support enforcement agency, county
department of job and family services, or public children
services
agency.
(H) If a county children
services board appointed under section 5153.03 of the
Revised
Code serves as a public
children services agency for a county, the board of county
commissioners may not redesignate the public children services
agency unless the board of county commissioners does all of the
following:
(1) Notifies the county children services board of its
intent to redesignate the public children services agency. In its
notification, the board of county commissioners shall provide the county
children services board a written explanation of the administrative, fiscal,
or performance considerations causing the board of county commissioners to
seek to redesignate the public children services agency.
(2) Provides the county children services board an opportunity to
comment on the proposed redesignation before the redesignation
occurs;
(3) If the county children services board, not more than
sixty days after receiving the notice under division
(H)(1) of this section,
notifies the board of county commissioners that the county
children services board has voted to oppose the redesignation,
votes unanimously to proceed with the redesignation.
Sec. 308.04. Within sixty days after a regional airport authority has been
created under section 308.03 of the Revised Code, the board of trustees for
such regional airport authority shall be appointed as provided in the
resolution creating it.
Each member of the board of trustees, before entering upon his the
member's official
duties, shall take and subscribe to an oath or affirmation that he
the member will
honestly, faithfully, and impartially perform the duties of his office,
and
that he the member will not be interested directly or indirectly
in any contract let by
the regional airport authority. Any contract let by the regional airport authority in which a member of the board of trustees is directly or indirectly interested is void and unenforceable.
After each member of the board has taken the oath as prescribed by this
section the board shall meet and organize by electing one of its members as
president and another as vice-president, who shall hold their respective
offices until the next annual meeting of the board as provided in its bylaws.
At each annual meeting thereafter the board shall elect from its membership a
president and a vice-president who shall serve for a term of one year.
The board shall appoint and fix the compensation of a secretary-treasurer, who
shall not be a member of the board and who shall serve at the pleasure of the
board.
Sec. 317.08. (A) Except as provided in
divisions
(C) and (D) of this
section, the county recorder shall keep
six
separate sets
of
records as follows:
(1) A record of deeds, in which shall be recorded all
deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws, and all amendments to declarations and
bylaws, as provided in Chapter 5311. of the
Revised Code;
affidavits as provided
in sections 5301.252 and 5301.56 of
the Revised
Code; all certificates as provided
in section
5311.17 of the
Revised Code; all articles dedicating
archaeological preserves
accepted by the director of the Ohio
historical society under
section 149.52 of the Revised Code; all
articles dedicating nature
preserves accepted by the director of
natural resources under
section 1517.05 of the Revised Code; all
agreements for the
registration of lands as archaeological or
historic landmarks
under section 149.51 or 149.55 of the Revised
Code; all
conveyances of conservation easements and agricultural
easements
under section
5301.68 of the Revised Code; all
instruments
extinguishing agricultural
easements under section
901.21 or
5301.691 of the Revised Code or pursuant to
terms of
such an
easement granted to a charitable organization under
section
5301.68 of the Revised Code; all instruments or orders
described
in division (B)(2)(b) of section 5301.56 of the
Revised Code;
all no further action letters issued under section
122.654 or
3746.11 of the
Revised Code;
all covenants not to sue
issued under
section
3746.12 of the
Revised Code, including all
covenants
not
to sue issued pursuant to section 122.654 of the
Revised Code;
any
restrictions on the use of property contained in
a no further
action letter issued under section 122.654 of the
Revised Code,
any restrictions on the use of
property
identified
pursuant to
division (C)(3)(a) of section
3746.10 of the
Revised
Code, and any restrictions on the use of property contained in a deed or other instrument as provided in division (E) or (F) of section 3737.882 of the Revised Code; any easement executed or granted under section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code; any environmental covenant entered into in accordance with sections 5301.80 to 5301.92 of the Revised Code; all
memoranda of trust, as
described in division (A)
of
section
5301.255 of the Revised
Code, that describe specific
real
property; and all agreements
entered into under division (A)
of
section 1521.26 1506.44 of
the Revised Code;
(2) A record of mortgages, in which shall be recorded all
of
the following:
(a) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered;
(b) All executory installment contracts for the sale of
land
executed after September 29, 1961, that by their terms are
not
required to be fully performed by one or more of the parties
to
them within one year of the date of the contracts;
(c) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity;
(d) Any tax certificate sold under section 5721.33 of the
Revised Code,
or memorandum
of it, that is presented for
filing
of record.
(3) A record of powers of attorney, including all
memoranda
of trust, as described in division (A) of section
5301.255 of the
Revised Code, that do not describe specific real
property;
(4) A record of plats, in which shall be recorded all
plats
and maps of town lots, of the subdivision of town lots, and
of
other divisions or surveys of lands, any center line survey of
a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings
and amendments to drawings, as provided in
Chapter 5311. of the Revised
Code;
(5) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases;
(6) A record of declarations
executed pursuant to section
2133.02 of the
Revised Code
and durable powers of attorney for
health care executed pursuant to section
1337.12 of the Revised
Code.
(B) All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep, and record in one volume unemployment compensation liens,
internal revenue tax liens and other liens in favor of the United
States as described in division (A) of section 317.09 of the
Revised Code, personal tax liens, mechanic's liens, agricultural
product liens, notices of liens, certificates of satisfaction or
partial release of estate tax liens, discharges of recognizances,
excise and franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13,
5111.022, and
5311.18
of the Revised Code.
The recording of an option to purchase real estate,
including
any supplement, modification, and amendment of the
option, under
this section shall serve as notice to any purchaser
of an interest
in the real estate covered by the option only
during the period of
the validity of the option as stated in the
option.
(C) In lieu of keeping the six separate
sets of records
required in divisions (A)(1) to
(6) of this section and the
records
required in division
(D) of this section, a county
recorder may
record all the instruments required to be recorded by
this
section
in two separate sets of record books. One set shall
be
called the
"official records" and shall contain the instruments
listed in
divisions (A)(1),
(2),
(3),
(5),
and (6)
and
(D) of this section. The
second set of records shall
contain the instruments listed in
division
(A)(4) of this
section.
(D) Except as provided in division
(C)
of this
section, the
county recorder shall keep a separate set of records
containing
all corrupt activity lien notices filed with the
recorder pursuant
to section 2923.36 of the Revised Code and a
separate set of
records containing all medicaid fraud lien
notices
filed with the
recorder pursuant to section 2933.75 of
the Revised
Code.
Sec. 319.202. Before the county auditor indorses any real
property conveyance or manufactured or mobile home conveyance presented
to the auditor pursuant to section 319.20
of the Revised Code or registers any manufactured or mobile home conveyance
pursuant to section 4503.061 of the
Revised Code, the grantee or the grantee's
representative shall submit in triplicate a statement, prescribed by the tax
commissioner, and other information as the county auditor may
require, declaring the value of real property or manufactured or mobile
home conveyed, except
that when the transfer is exempt under division (F)(G)(3) of section
319.54 of the Revised Code only a statement of the reason for the
exemption shall be required. Each statement submitted under this
section shall contain the information required under divisions
(A) and (B) of this section.
(A) Each statement submitted under this section shall
either:
(1) Contain an affirmation by the grantee that the grantor
has been asked by the grantee or the grantee's
representative whether to the best of the grantor's knowledge either the
preceding or the
current year's taxes on the real property or the current or following
year's taxes on the manufactured or mobile home conveyed will be
reduced under division (A) of section 323.152 or under section
4503.065 of the Revised Code
and that the grantor indicated that to the best of the
grantor's knowledge the taxes will not be so reduced; or
(2) Be accompanied by a sworn or affirmed instrument
stating:
(a) To the best of the grantor's knowledge the real
property or the manufactured or mobile home that is the subject of the
conveyance is eligible for
and will receive a reduction in taxes for or payable in the
current year under division (A) of section 323.152 or under section
4503.065 of the Revised
Code and that the reduction or reductions will be reflected in
the grantee's taxes;
(b) The estimated amount of such reductions that will be
reflected in the grantee's taxes;
(c) That the grantor and the grantee have considered and
accounted for the total estimated amount of such reductions to
the satisfaction of both the grantee and the grantor. The
auditor shall indorse the instrument, return it to the grantee or
the grantee's representative, and provide a copy of the
indorsed instrument
to the grantor or the grantor's representative.
(B) Each statement submitted under this section shall
either:
(1) Contain an affirmation by the grantee that the grantor
has been asked by the grantee or the grantee's
representative whether to the best of the grantor's knowledge the real
property conveyed
qualified for the current agricultural use valuation under
section 5713.30 of the Revised Code either for the preceding or
the current year and that the grantor indicated that to the best
of the grantor's knowledge the property conveyed was not so
qualified; or
(2) Be accompanied by a sworn or affirmed instrument
stating:
(a) To the best of the grantor's knowledge the real
property conveyed was qualified for the current agricultural use
valuation under section 5713.30 of the Revised Code either for
the preceding or the current year;
(b) To the extent that the property will not continue to
qualify for the current agricultural use valuation either for the
current or the succeeding year, that the property will be subject
to a recoupment charge equal to the tax savings in accordance
with section 5713.34 of the Revised Code;
(c) That the grantor and the grantee have considered and
accounted for the total estimated amount of such recoupment, if
any, to the satisfaction of both the grantee and the grantor.
The auditor shall indorse the instrument, forward it to the
grantee or the grantee's representative, and provide a copy
of the indorsed
instrument to the grantor or the grantor's representative.
(C) The grantor shall pay the fee required by division
(F)(G)(3) of section 319.54 of the Revised Code; and, in the event
the board of county commissioners of the county has levied a real
property or a manufactured home transfer tax pursuant to Chapter 322.
of the Revised
Code, the amount required by the real property or manufactured home
transfer tax so levied. If the conveyance is exempt from the fee provided
for in division (F)(G)(3) of section 319.54 of the Revised Code and the
tax, if any, levied pursuant to Chapter 322. of the Revised Code,
the reason for such exemption shall be shown on the
statement. "Value" means, in the case of any deed or
certificate of title not a gift in whole or part,
the amount of the full consideration therefor, paid or to be paid
for the real estate or manufactured or mobile home described in the
deed or title,
including the amount
of any mortgage or vendor's lien thereon. If property sold under
a land installment contract is conveyed by the seller under such
contract to a third party and the contract has been of record at
least twelve months prior to the date of conveyance, "value"
means the unpaid balance owed to the seller under the contract at the
time of the conveyance, but the statement shall set forth the
amount paid under such contract prior to the date of conveyance.
In the case of a gift in whole or part, "value" means the estimated
price the real estate or manufactured or mobile home described in the
deed or certificate of title would bring in the
open market and under the then existing and prevailing market
conditions in a sale between a willing seller and a willing
buyer, both conversant with the property and with prevailing
general price levels. No person shall willfully falsify the
value of property conveyed.
(D) The auditor shall indorse each conveyance on its face
to indicate the amount of the conveyance fee and compliance with
this section and if the property is residential rental property include a statement that the grantee shall file with the county auditor the information required under division (A) or (C) of section 5323.02 of the Revised Code. The auditor shall retain the original copy of the
statement of value, forward to the tax commissioner one copy on
which shall be noted the most recent assessed value of the
property, and furnish one copy to the grantee or the
grantee's representative.
(E) In order to achieve uniform administration and
collection of the transfer fee required by division
(F)(G)(3) of section 319.54 of the Revised Code, the tax
commissioner shall adopt and promulgate rules for the
administration and enforcement of the levy and collection of such
fee.
(F) As used in this section, "residential rental property" has the same meaning as in section 5323.01 of the Revised Code.
Sec. 319.54. (A) On all moneys collected by the county
treasurer on any tax duplicate of the county, other than estate
tax duplicates, and on all moneys received as advance payments of
personal property and classified property taxes, the county
auditor, on settlement with the treasurer and tax commissioner,
on or before the date prescribed by law for such settlement or
any lawful extension of such date, shall be allowed as
compensation for the county auditor's services the following
percentages:
(1) On the first one hundred thousand dollars, two and
one-half per cent;
(2) On the next two million dollars, eight thousand three
hundred eighteen ten-thousandths of one per cent;
(3) On the next two million dollars, six thousand six
hundred fifty-five ten-thousandths of one per cent;
(4) On all further sums, one thousand six hundred
sixty-three ten-thousandths of one per cent.
If any settlement is not made on or before the date
prescribed by law for such settlement or any lawful extension of
such date, the aggregate compensation allowed to the auditor
shall be reduced one per cent for each day such settlement is
delayed after the prescribed date. No penalty shall apply if the
auditor and treasurer grant all requests for advances up to
ninety per cent of the settlement pursuant to section 321.34 of
the Revised Code. The compensation allowed in accordance with
this section on settlements made before the dates prescribed by
law, or the reduced compensation allowed in accordance with this
section on settlements made after the date prescribed by law or
any lawful extension of such date, shall be apportioned ratably
by the auditor and deducted from the shares or portions of the
revenue payable to the state as well as to the county, townships,
municipal corporations, and school districts.
(B) For the purpose of reimbursing county auditors for the expenses associated with the increased number of applications for reductions in real property taxes under sections 323.152 and 4503.065 of the Revised Code that results from the amendment of those sections by Am. Sub. H.B. 119 of the 127th general assembly, on the first day of August of each year there shall be paid from the state's general revenue fund to the county treasury to the credit of the real estate assessment fund created by section 325.31 of the Revised Code an amount equal to one per cent of the total annual amount of property tax relief reimbursement paid to that county under sections 323.156 and 4503.068 of the Revised Code for the preceding tax year.
(C) From all moneys collected by the county treasurer on
any tax duplicate of the county, other than estate tax
duplicates, and on all moneys received as advance payments of
personal property and classified property taxes, there shall be
paid into the county treasury to the credit of the real estate
assessment fund created by section 325.31 of the Revised Code, an
amount to be determined by the county auditor, which shall not
exceed the following percentages: prescribed in divisions (C)(1) and (2) of this section.
(1) On For payments made after June 30, 2007, and before 2011, the following percentages:
(a) On the first one five hundred thousand dollars, three and
one-half four per cent;
(2)(b) On the next three five million dollars, one and
three-eighths two per cent;
(3)(c) On the next three five million dollars, one per cent;
(4)(d) On all further sums not exceeding one hundred fifty
million dollars, three-quarters of one per cent;
(5)(e) On amounts exceeding one hundred fifty million
dollars, six-tenths five hundred eighty-five thousandths of one per cent.
(2) For payments made in or after 2011, the following percentages:
(a) On the first five hundred thousand dollars, four per cent;
(b) On the next ten million dollars, two per cent;
(c) On amounts exceeding ten million five hundred thousand dollars, three-fourths of one per cent.
Such compensation shall be apportioned ratably by the
auditor and deducted from the shares or portions of the revenue
payable to the state as well as to the county, townships,
municipal corporations, and school districts.
(C)(D) Each county auditor shall receive four per cent of the
amount of tax collected and paid into the county treasury, on
property omitted and placed by the county auditor on the tax
duplicate.
(D)(E) On all estate tax moneys collected by the county
treasurer, the county auditor, on settlement semiannually with
the tax commissioner, shall be allowed, as compensation for the
auditor's
services under Chapter 5731. of the Revised Code, the following
percentages:
(1) Four per cent on the first one hundred thousand
dollars;
(2) One-half of one per cent on all additional sums.
Such percentages shall be computed upon the amount
collected and reported at each semiannual settlement, and shall
be for the use of the general fund of the county.
(E)(F) On all cigarette license moneys collected by the
county treasurer, the county auditor, on settlement semiannually
with the treasurer, shall be allowed as compensation for the
auditor's
services in the issuing of such licenses one-half of one per cent
of such moneys, to be apportioned ratably and deducted from the
shares of the revenue payable to the county and subdivisions, for
the use of the general fund of the county.
(F)(G) The county auditor shall charge and receive fees as
follows:
(1) For deeds of land sold for taxes to be paid by the
purchaser, five dollars;
(2) For the transfer or entry of land, lot, or part of
lot, or the transfer or entry
on or after January 1, 2000, of a used manufactured home or mobile
home as defined in section 5739.0210 of the Revised Code, fifty cents for each
transfer or entry, to be paid by the person requiring it;
(3) For receiving statements of value and administering
section 319.202 of the Revised Code, one dollar, or ten cents for each one hundred dollars or fraction of one
hundred dollars, whichever is greater, of the value of
the real property transferred or, for sales occurring on or after
January 1, 2000, the value of the used manufactured home
or used mobile home, as defined in section
5739.0210 of
the Revised Code, transferred, except no fee shall
be charged when the
transfer is made:
(a) To or from the United States, this state, or any
instrumentality, agency, or political subdivision of the United
States or this state;
(b) Solely in order to provide or release security for a
debt or obligation;
(c) To confirm or correct a deed previously executed and
recorded;
(d) To evidence a gift, in trust or otherwise and whether
revocable or irrevocable, between husband and wife, or parent and
child or the spouse of either;
(e) On sale for delinquent taxes or assessments;
(f) Pursuant to court order, to the extent that such
transfer is not the result of a sale effected or completed
pursuant to such order;
(g) Pursuant to a reorganization of corporations or
unincorporated associations or pursuant to the dissolution of a
corporation, to the extent that the corporation conveys the
property to a stockholder as a distribution in kind of the
corporation's assets in exchange for the stockholder's shares in
the dissolved corporation;
(h) By a subsidiary corporation to its parent corporation
for no consideration, nominal consideration, or in sole
consideration of the cancellation or surrender of the
subsidiary's stock;
(i) By lease, whether or not it extends to mineral or
mineral rights, unless the lease is for a term of years renewable
forever;
(j) When the value of the real property or the manufactured or mobile
home or the value of the interest that
is conveyed does not exceed one hundred dollars;
(k) Of an occupied residential property, including a manufactured
or mobile home, being transferred to the builder of a new residence
or to the dealer of a new manufactured or mobile home when the former
residence is traded as part of the consideration for the new residence or
new manufactured or mobile home;
(l) To a grantee other than a dealer in real property or in manufactured
or mobile homes, solely for the purpose of, and as a step in, the prompt
sale of the real property or manufactured or mobile home to others;
(m) To or from a person when no money or other valuable
and tangible consideration readily convertible into money is paid
or to be paid for the real estate or manufactured or mobile home and
the transaction is not a
gift;
(n) Pursuant to division (B) of section 317.22 of the Revised
Code, or
section 2113.61 of the Revised Code, between spouses or to a
surviving spouse pursuant to section 5302.17 of the Revised Code
as it existed prior to April 4, 1985, between persons pursuant to
section 5302.17 or 5302.18 of the Revised Code on or after April
4, 1985, to a person who is a surviving, survivorship tenant
pursuant to section 5302.17 of the Revised Code on or after April
4, 1985, or pursuant to section 5309.45 of the Revised Code;
(o) To a trustee acting on behalf of minor children of the
deceased;
(p) Of an easement or right-of-way when the value of the
interest conveyed does not exceed one thousand dollars;
(q) Of property sold to a surviving spouse pursuant to
section 2106.16 of the Revised Code;
(r) To or from an organization exempt from federal income
taxation under section 501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such
transfer is without consideration and is in furtherance of the
charitable or public purposes of such organization;
(s) Among the heirs at law or devisees, including a
surviving spouse, of a common decedent, when no consideration in
money is paid or to be paid for the real property or manufactured or mobile
home;
(t) To a trustee of a trust, when the grantor of the trust
has reserved an unlimited power to revoke the trust;
(u) To the grantor of a trust by a trustee of the trust,
when the transfer is made to the grantor pursuant to the exercise
of the grantor's power to revoke the trust or to withdraw trust assets;
(v) To the beneficiaries of a trust if the fee was paid on
the transfer from the grantor of the trust to the trustee or if the
transfer is made pursuant to trust provisions which became irrevocable at the
death of the grantor;
(w) To a corporation for incorporation into a sports
facility constructed pursuant to section 307.696 of the Revised
Code;
(x) Between persons pursuant to section 5302.18 of the Revised Code.
The auditor shall compute and collect the fee. The auditor
shall maintain a numbered receipt system, as prescribed by the
tax commissioner, and use such receipt system to provide a
receipt to each person paying a fee. The auditor shall deposit
the receipts of the fees on conveyances in the county treasury
daily to the credit of the general fund of the county.
The real property transfer fee provided for in division (F)(G)(3) of this section
shall be applicable to any conveyance of real
property presented to the auditor on or after January 1, 1968,
regardless of its time of execution or delivery.
The transfer fee for a used manufactured home or used mobile home shall be
computed by and paid to the county auditor of the county in which the home is
located immediately prior to the transfer.
Sec. 322.01. As used in sections 322.01 to 322.07 of
the Revised Code:
(A) "Value" means, in the case of any deed not a gift in
whole or part, the amount of the full consideration therefor,
paid or to be paid for the real estate described in the deed,
including the amount of any liens thereon, with the following
exceptions:
(1) The amount owed on a debt secured by a mortgage which
has been of record at least twelve months prior to the date of
the conveyance and which is assumed by the purchaser;
(2) The difference between the full amount of
consideration and the unpaid balance owed to the seller at the
time of the conveyance of property to a third party under a land
installment contract that has been of record at least twelve
months prior to the date of conveyance.
(B) "Value" means, in
the case of a manufactured or mobile home that is not a gift in
whole or in part, the amount of the full consideration paid or
to be paid for the home, including the amounts of any liens
thereon.
(C) "Value" means, in the case of a gift in whole or part,
the estimated price
the real estate described in the deed, or the manufactured or mobile
home, would bring in the open
market and under the then existing and prevailing market
conditions in a sale between a willing seller and a willing
buyer, both conversant with the property and with prevailing
general price levels.
(D) "Deed" means any deed, instrument, or writing by which
any real property or any interest in real property is granted,
assigned, transferred, or otherwise conveyed except that it does
not include any deed, instrument, or writing which grants,
assigns, transfers, or otherwise conveys any real property or
interests in real property exempted from the fee required by
division (F)(G)(3) of section 319.54 of the Revised Code.
(E) "Manufactured home" has the same
meaning as in division (C)(4) of section 3781.06 of the Revised
Code.
(F) "Mobile home" has the same meaning as in
division (O) of section 4501.01
of the Revised Code.
Sec. 323.131. (A) Each tax bill prepared and mailed or
delivered under section 323.13 of the Revised Code shall be in
the form and contain the information required by the tax
commissioner. The commissioner may prescribe different forms for
each county and may authorize the county auditor to make up tax
bills and tax receipts to be used by the county treasurer. For any county
in which the board of county commissioners has granted a partial property tax
exemption on homesteads under section 323.158 of the Revised Code, the
commissioner shall
require that the tax bills
for those homesteads include a notice of the amount of the tax reduction that
results from the partial exemption. In addition to the information
required by the
commissioner, each
tax bill shall contain the following information:
(A)(1) The taxes levied and the taxes charged and payable
against the property;
(B)(2) The effective tax rate. The words "effective tax
rate" shall appear in boldface type.
(C)(3) The following notices:
(1)(a) "Notice: If the taxes are not paid within one year
from the date they are due, the property is subject to
foreclosure for tax delinquency." Failure to provide such notice
has no effect upon the validity of any tax foreclosure to which a
property is subjected.
(2)(b) "Notice: If the taxes charged against this parcel
have been reduced by the 2-1/2 per cent tax reduction for
residences occupied by the owner
but the property is not a residence occupied by the
owner, the owner must notify the county auditor's office not
later than March 31 of the year following the
year for
which the taxes are due. Failure to do so may result in the
owner being convicted of a fourth degree misdemeanor, which is punishable by
imprisonment up to 30 days, a fine up to $250, or both, and in the
owner having to repay the amount by which the taxes were
erroneously or illegally reduced, plus any interest that may apply.
If the taxes charged against this parcel have not been
reduced by the 2-1/2 per cent tax reduction and the parcel
includes
a residence occupied by the owner, the parcel may qualify for
the tax reduction.
To
obtain an application for the tax reduction or further information, the owner
may
contact the county auditor's office at .......... (insert the
address and telephone number of the county auditor's office)."
(D)(4) For a tract or lot on the real property tax suspension list under
section 319.48 of the Revised Code, the following notice: "Notice: The taxes
shown due on this bill are for the current year only. Delinquent taxes,
penalties, and interest also are due on this property. Contact the county
treasurer to learn the total amount due."
The tax bill shall not contain or be mailed or delivered
with any information or material that is not required by this
section or that is not authorized by section 321.45 of the
Revised Code or by the tax commissioner.
(B) If the property is residential rental property, the tax bill shall contain a statement that the owner of the residential rental property shall file with the county auditor the information required under division (A) or (C) of section 5323.02 of the Revised Code.
(C) As used in this section, "residential rental property" has the same meaning as in section 5323.01 of the Revised Code.
Sec. 323.151. As used in sections 323.151 to 323.159
of
the
Revised Code:
(A) "Homestead" means either of the following:
(1) A dwelling, including a unit in
a multiple-unit dwelling
and a manufactured home or
mobile home taxed as real property
pursuant to division (B) of
section 4503.06 of the Revised Code,
owned and
occupied as a
home by an individual whose domicile is in
this state and who has
not acquired ownership from a person, other
than the
individual's spouse,
related by consanguinity or affinity
for the purpose of
qualifying for the real property tax reduction
provided in
section 323.152 of the Revised Code.
(2) A unit in a housing cooperative that is occupied as a
home,
but not owned, by an individual whose domicile is in this
state.
The homestead shall include
so much of the land surrounding
it, not exceeding one acre, as is
reasonably necessary for the use
of the dwelling or unit as a
home. An owner includes a holder of
one of the several
estates in fee, a vendee in possession under a
purchase
agreement or a land contract, a mortgagor, a life tenant,
one or more tenants
with a right of survivorship, tenants in
common, and a settlor of
a revocable inter vivos trust holding the
title to a homestead
occupied by the settlor as of right under the
trust. The tax
commissioner shall adopt rules for the uniform
classification and
valuation of real property or portions of real
property as
homesteads.
(B) "Sixty-five years of age or older" means a person who
has attained age sixty-four prior to the first day of January of
the year of application for reduction in real estate taxes.
(C) "Total income" means the adjusted gross income of the
owner and the owner's spouse for the year preceding the year
in
which
application for a reduction in taxes is made, as determined
under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A.
1, as amended, adjusted as follows:
(1) Subtract the amount of disability benefits included in
adjusted gross income, but not to exceed fifty-two hundred
dollars;
(2) Add old age and survivors benefits received pursuant
to
the "Social Security Act" that are not included in adjusted
gross
income;
(3) Add retirement, pension, annuity, or other retirement
payments or benefits not included in adjusted gross income;
(4) Add tier I and tier II railroad retirement benefits
received pursuant to the "Railroad Retirement Act," 50 Stat. 307,
45 U.S.C.A. 228;
(5) Add interest on federal, state, and local government
obligations;
(6) For a person who received the homestead exemption for a
prior year on
the basis of being permanently and totally disabled
and whose current
application for the exemption is made on the
basis of age, subtract the
following amount:
(a) If the person received disability benefits that were not
included in adjusted gross income in the year preceding the first
year in
which the person applied for the exemption on the basis of
age, subtract an
amount equal to the disability benefits the
person received in that preceding
year, to the extent included in
total income in the current year and not
subtracted under division
(C)(1) of this section in the current year;
(b) If the person received disability benefits that were
included
in adjusted gross income in the year preceding the first
year in which the
person applied for the exemption on the basis of
age, subtract an amount equal
to the amount of disability benefits
that were subtracted pursuant to division
(C)(1) of this section
in that preceding year, to the extent included
in total income in
the current year and not subtracted under division
(C)(1) of this
section in the current year.
Disability benefits that are paid by the department of
veterans affairs or
a
branch of the armed forces of the United
States on account
of an injury or disability shall not be included
in total income.
(D) "Old age and survivors benefits received pursuant to
the
'Social Security Act'" or "tier I railroad retirement
benefits
received pursuant to the 'Railroad Retirement Act'"
means:
(1) For those persons receiving the homestead exemption
for
the first time for tax years 1976 and earlier, old age
benefits
payable under the social security or railroad retirement
laws in
effect on December 31, 1975, except in those cases where
a change
in social security or railroad retirement benefits would
result in
a reduction in income.
(2) For those persons receiving the homestead exemption
for
the first time for tax years 1977 and thereafter, old age
benefits
payable under the social security or railroad retirement
laws in
effect on the last day of the calendar year prior to the
year for
which the homestead exemption is first received, or, if
no such
benefits are payable that year, old age benefits payable
the first
succeeding year in which old age benefits under the
social
security or railroad retirement laws are payable, except
in those
cases where a change in social security or railroad
retirement
benefits results in a reduction in income.
(a) Survivors benefits payable under the social security
or
railroad retirement laws in effect on the last day of the
calendar
year prior to the year for which the homestead exemption
is first
received, or, if no such benefits are payable that year,
survivors
benefits payable the first succeeding year in which
survivors
benefits are payable; or
(b) Old age benefits of the deceased spouse, as determined
under division (D)(1) or (2) of this section, upon which the
surviving spouse's survivors benefits are based under the social
security or railroad retirement laws, except in those cases where
a change in benefits would cause a reduction in income.
Survivors benefits are those described in division
(D)(3)(b)
of this section only if the deceased spouse received
old age
benefits in the year in which the deceased spouse died. If the
deceased spouse did not receive old age benefits in the year in
which the deceased spouse died, then survivors benefits are those
described in division (D)(3)(a) of this section.
(E) "Permanently and totally disabled" means a person who
has, on the first day of January of the year of application for
reduction in real estate taxes, some impairment in body or mind
that makes the person unable to work at any substantially
remunerative
employment that the person is reasonably able to
perform
and
that will,
with reasonable probability, continue for
an indefinite period of
at least twelve months without any present
indication of recovery
therefrom or has been certified as
permanently and totally
disabled by a state or federal agency
having the function of so
classifying persons.
(F)(D) "Housing cooperative" means a housing complex of at
least two
hundred fifty units that is owned and operated by a
nonprofit
corporation that issues a share of the corporation's
stock to an
individual, entitling the individual to live in a unit
of the complex, and
collects a monthly maintenance fee from the
individual to
maintain, operate, and pay the taxes of the complex.
Sec. 323.152. In addition to the reduction in taxes
required
under section 319.302 of the Revised Code, taxes shall
be reduced
as provided in divisions (A) and
(B) of this section.
(A)(1) Division (A) of this
section applies to any of the
following:
(a) A person who is permanently and totally disabled;
(b) A person who is sixty-five years of age or older;
(c) A person who is the surviving spouse of a deceased
person who was permanently and totally disabled or sixty-five
years of age or older and who applied and qualified for a
reduction in taxes under this division in the year of death,
provided the
surviving spouse is at least fifty-nine but not
sixty-five or more years of
age on the date the deceased spouse
dies.
(2) Real property taxes on a homestead owned and occupied,
or a
homestead in a housing cooperative occupied, by a
person to
whom division (A) of this section
applies shall be reduced for
each year for which the owner obtains a certificate of reduction
from the county auditor under section 323.154 of the Revised
Code
or for which the occupant obtains a certificate of reduction in
accordance with
section 323.159 of the Revised Code. The
reduction
shall equal the amount obtained by
multiplying the tax
rate for the tax year for which the
certificate is issued by the
reduction in taxable value shown in
the following schedule:
|
|
Reduce Taxable Value |
Total Income |
|
by the Lesser of: |
$11,900 or less |
|
$5,000 or seventy-five per cent |
More than $11,900 but not more than $17,500 |
|
$3,000 or sixty per cent |
More than $17,500 but not more than $23,000 |
|
$1,000 or twenty-five per cent |
More than $23,000 |
|
-0- |
(3) Each calendar year, the tax
commissioner shall adjust
the foregoing schedule
by completing the
following
calculations
in September of each year:
(a) Determine the percentage increase in the gross
domestic
product deflator determined by the bureau of economic
analysis of
the United
States department of commerce
from the first day of
January of
the preceding calendar year to the last day of
December of the
preceding calendar
year;
(b) Multiply that percentage increase by each of
the total
income amounts, and by each dollar amount by which taxable value
is
reduced, for the current tax year;
(c) Add the resulting product to each of the total
income
amounts, and to each of the dollar amounts by which taxable value
is
reduced, for the current tax year;
(d)(i) Except as provided in division (A)(3)(d)(ii) of this section, round the resulting sum to the nearest
multiple of one
hundred dollars;
(ii) If rounding the resulting sum to the nearest multiple of one hundred dollars under division (A)(3)(d)(i) of this section does not increase the dollar amounts by which taxable value is reduced, the resulting sum instead shall be rounded to the nearest multiple of ten dollars.
The commissioner shall certify the amounts resulting from
the
adjustment to each county auditor not later than the first
day of
December each year. The
certified amounts apply to the following
tax year. The
commissioner shall not make the adjustment in any
calendar year
in which the amounts resulting from the adjustment
would be less
than the total income amounts, or less than the
dollar amounts by which
taxable value is reduced, for the current
tax year greater of the reduction granted for the tax year preceding the first tax year to which this section applies pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the taxpayer received a reduction for that preceding tax year, or the product of the following:
(a) Twenty-five thousand dollars of the true value of the property in money;
(b) The assessment percentage established by the tax commissioner under division (B) of section 5715.01 of the Revised Code, not to exceed thirty-five per cent;
(c) The effective tax rate used to calculate the taxes charged against the property for the current year, where "effective tax rate" is defined as in section 323.08 of the Revised Code;
(d) The quantity equal to one minus the sum of the percentage reductions in taxes received by the property for the current tax year under section 319.302 of the Revised Code and division (B) of section 323.152 of the Revised Code.
(B) To provide a partial exemption, real property taxes on any homestead, and manufactured
home
taxes on any manufactured or mobile home on which a
manufactured home tax is
assessed pursuant to division (D)(2) of
section 4503.06 of the
Revised Code, shall be reduced for each
year for
which the owner obtains a certificate of
reduction from
the county auditor under section 323.154 of the
Revised Code. The
amount of the reduction shall equal two and one-half per cent
of the amount of taxes to be levied on the
homestead or the
manufactured or mobile home after applying
section 319.301 of the
Revised Code.
(C) The reductions granted by this section do not apply to
special assessments or respread of assessments levied against the
homestead, and if there is a transfer of ownership subsequent to
the filing of an application for a reduction in taxes, such
reductions are not forfeited for such year by virtue of such
transfer.
(D) The reductions in taxable value referred to in this
section
shall be applied solely as a factor for the purpose of
computing
the reduction of taxes under this section and shall not
affect
the total value of property in any subdivision or taxing
district
as listed and assessed for taxation on the tax lists and
duplicates, or any direct or indirect limitations on indebtedness
of a subdivision or taxing district. If after application of
sections 5705.31 and 5705.32 of the Revised Code, including the
allocation of all levies within the ten-mill limitation to debt
charges to the extent therein provided, there would be
insufficient funds for payment of debt charges not provided for
by
levies in excess of the ten-mill limitation, the reduction of
taxes provided for in sections 323.151 to 323.159 of
the Revised
Code shall be proportionately adjusted to the extent necessary
to
provide such funds from levies within the ten-mill limitation.
(E) No reduction shall be made on the taxes due on the
homestead of any person convicted of violating division (C) or
(D)
of section 323.153 of the Revised Code for a period of three
years
following the conviction.
Sec. 323.153. (A) To obtain a reduction in real property
taxes under division (A) or (B) of section 323.152 of the Revised
Code or in manufactured home taxes under division (B) of section
323.152 of
the Revised Code, the owner shall file an application
with the county auditor
of the county in which the owner's
homestead is located.
To obtain a reduction in real property taxes under division
(A) of
section 323.152 of the Revised Code, the occupant of a
homestead
in a housing cooperative shall file an application with
the nonprofit
corporation that owns and operates the housing
cooperative, in
accordance with this paragraph. Not later than
the first day of
March each year,
the corporation shall obtain
applications from the county auditor's office
and provide one to
each
new occupant. Not later than the first day of May, any
occupant who
may be
eligible for a reduction in taxes under
division (A) of section
323.152 of the Revised Code shall submit
the completed
application
to the corporation. Not later than the
fifteenth day of May, the
corporation shall
file all completed
applications, and the information required by division
(B) of
section 323.159 of the Revised Code, with
the county
auditor of
the county in which the occupants' homesteads are located.
Continuing applications shall be furnished to an occupant in the
manner
provided in
division (C)(4) of this section.
(1) An application for reduction based upon a physical
disability shall be accompanied by a certificate signed by a
physician, and an application for reduction based upon a mental
disability shall be accompanied by a certificate signed by a
physician or psychologist licensed to practice in this state,
attesting to the fact that the applicant is permanently and
totally disabled. The certificate shall be in a form that the
tax
commissioner requires and shall include the definition of
permanently and totally disabled as set forth in section 323.151
of the Revised Code. An application for reduction based upon a
disability certified as permanent and total by a state or federal
agency having the function of so classifying persons shall be
accompanied by a certificate from that agency. Such an
An
application for a reduction under division (A) of section 323.152 of the Revised Code constitutes a continuing application for a reduction
in taxes for each year in which the dwelling is the applicant's
homestead and the amount of the reduction in taxable value to
which the applicant is entitled does not exceed either the
amount
or
percentage of the reduction to which the applicant was
entitled
for the year
in which the application was first filed.
(2) An application for a reduction in taxes under division
(B) of section 323.152 of the Revised Code shall
be filed only if
the homestead or manufactured or mobile home was transferred
in
the preceding year or did not
qualify for and receive the
reduction in taxes under that
division for the preceding tax year.
The application for homesteads transferred in the preceding year
shall be incorporated into any form used
by the county auditor to
administer the tax law in respect to the conveyance
of real
property pursuant to section 319.20 of the
Revised Code or of used
manufactured homes or used mobile homes as defined in section
5739.0210 of the Revised Code. The owner of a manufactured or
mobile home who has elected under division (D)(4) of section
4503.06 of the Revised Code to be taxed under division (D)(2) of
that section for the ensuing year may file the application at the
time of making that election. The application shall
contain a
statement that failure by
the applicant to affirm on the
application that the dwelling on the property
conveyed is the
applicant's homestead prohibits the owner from receiving
the
reduction in taxes until a proper application is filed within the
period
prescribed by division (A)(3) of this section. Such an
application
constitutes a continuing application for a reduction
in taxes for
each year in which the dwelling is the applicant's
homestead.
(3) Failure to receive a new application filed under
division (A)(1) or (2) or notification under division (C) of this
section after a certificate of reduction has been issued under
section 323.154 of the Revised Code, or failure to receive a new
application filed under division
(A)(1) or notification under
division
(C) of this section after a certificate of reduction has
been issued under section 323.159 of the Revised
Code,
is
prima-facie evidence that
the original applicant is entitled to
the reduction in taxes
calculated on the basis of the information
contained in
the original application. The original application
and any
subsequent application, including any late application,
shall be
in the form of a signed statement and shall be filed
after the
first Monday in January and not later than the first
Monday in
June. The original application and any subsequent
application for a reduction
in real property taxes shall be filed
in the year for which the reduction is
sought. The original
application and any subsequent application for a
reduction in
manufactured home taxes shall be filed in the year preceding the
year for which the reduction is sought. The statement shall be on
a form,
devised and supplied by
the tax commissioner, which shall
require no more information
than is necessary to establish the
applicant's eligibility for
the reduction in taxes and the amount
of the reduction, and, for a
certificate of reduction issued under
section 323.154 of the Revised
Code, shall
include an affirmation
by the applicant that ownership of the
homestead was not acquired
from a person, other than the applicant's
spouse, related to the
owner by consanguinity or affinity for the purpose
of qualifying
for the real property or manufactured home tax reduction
provided
for in division (A) or (B) of section 323.152 of the Revised Code.
The form shall contain a statement that conviction of willfully
falsifying information to obtain a reduction in taxes or failing
to comply with division (C) of this section results in the
revocation of the right to the reduction for a period of three
years. In the case of an application for a reduction in taxes
under division (A) of section 323.152 of the Revised Code, the
form shall contain a statement that signing the application
constitutes a delegation of authority by the applicant to the
county auditor to examine any financial records relating to
income
earned by the applicant as stated on the application for
the
purpose of determining a possible violation of division (D) or
(E)
of this section.
(B) A late application for a tax reduction for the year
preceding the year in which an original application is filed, or
for a
reduction in manufactured home taxes for the year in which
an original
application is filed, may be filed with the original
application. If the
county auditor
determines the information
contained in the late application is
correct, the auditor shall
determine the amount of the
reduction in taxes to which the
applicant would have been entitled for the
preceding tax year had
the applicant's application been timely filed and
approved in that
year.
The amount of such reduction shall be treated by the
auditor
as an overpayment of taxes by the applicant and shall be
refunded
in the manner prescribed in section 5715.22 of the
Revised Code
for making refunds of overpayments. On the first
day of July of
each year, the county auditor shall certify the
total amount of
the reductions in taxes made in the current year
under this
division to the tax commissioner, who shall treat the
full amount
thereof as a reduction in taxes for the preceding tax
year and
shall make reimbursement to the county therefor in the
manner
prescribed by section 323.156 of the Revised Code, from
money
appropriated for that purpose.
(C)(1) If, in any year after an application has been filed
under division (A)(1) or (2) of this section, the
owner does not
qualify for a reduction in taxes on the homestead or on the
manufactured or mobile home set forth on such
application, or
qualifies for a reduction in taxes that is to be
based upon a
reduction in taxable value less than either the
percentage or
amount of the reduction in taxable value to which
the owner was
entitled in the year the application was
filed, the owner shall
notify the county auditor that the
owner is not qualified for a
reduction in taxes or file a new application
under division (A)(1)
or (2) of this section.
(2) If, in any year after an application has been filed
under
division (A)(1) of this section, the occupant of a homestead
in a
housing cooperative does not qualify for a reduction in taxes
on the
homestead, the occupant shall
notify the county auditor
that the occupant is not qualified for a reduction
in taxes or
file a new
application under division (A)(1) of this section.
(3) If the county auditor or county treasurer discovers that
the owner of property not entitled to the reduction in taxes
under
division (B) of section
323.152 of the Revised Code failed to
notify the
county auditor as required by division
(C)(1) of this
section, a charge shall be
imposed against the property in the
amount by which taxes were
reduced under that division for each
tax year the county auditor ascertains
that the property was not
entitled to the reduction and was owned by
the current owner.
Interest shall accrue in the manner
prescribed by division (B) of
section 323.121
or division (G)(2) of section 4503.06 of the
Revised Code on the amount by which taxes
were
reduced for each
such tax year as if the reduction became
delinquent taxes at
the
close of the last day the second
installment of taxes for that tax
year
could be paid
without
penalty. The county auditor shall
notify the owner,
by ordinary
mail, of the charge, of the owner's
right to appeal
the charge,
and of the manner in which the owner
may appeal.
The owner may
appeal the imposition of the charge and
interest by filing an
appeal with the county board of revision not
later than the last
day prescribed for payment of real and public
utility property
taxes under section 323.12 of the
Revised Code
following receipt
of the
notice and occurring at least ninety days
after receipt of
the
notice. The appeal shall be treated in the
same manner as a
complaint relating to the valuation or assessment
of real
property
under Chapter 5715. of
the Revised Code. The
charge and any
interest shall be
collected as other delinquent
taxes.
(4) Each year during January, the county auditor shall
furnish
by ordinary mail a continuing application to each person
issued a
certificate of reduction under section 323.154 or 323.159
of
the Revised
Code with respect to a reduction in taxes under
division (A) of
section 323.152 of the Revised Code. The
continuing application
shall be used to report changes in total
income that would have
the effect of increasing or decreasing the
reduction in taxable
value to which the person is entitled,
changes in
ownership or occupancy of the
homestead, including
changes in or revocation of a revocable
inter vivos trust, changes
in disability, and other changes in
the information earlier
furnished the auditor relative to
the reduction in taxes on the
property. The continuing application
shall be returned to the
auditor not later than the first Monday
in June; provided, that if
such changes do not affect the status
of the homestead exemption
or the amount of the reduction to
which the owner is entitled
under division (A) of section 323.152
of the Revised Code or to
which the occupant is entitled under section
323.159
of
the
Revised Code, the application does not need to be
returned.
(5) Each year during February, the county auditor, except as
otherwise
provided in this paragraph, shall furnish
by ordinary
mail an original application to the owner, as of the
first day of
January of that year, of a homestead or a manufactured or mobile
home that transferred during the preceding calendar year and that
qualified
for and received a reduction in taxes under division (B)
of
section 323.152 of the Revised Code for the preceding tax year.
In order to receive the reduction under that division, the owner
shall file the application with the county auditor not later than
the first Monday in June. If the application is not timely
filed,
the auditor shall not grant a reduction in taxes for the
homestead
for the current year, and shall notify the owner that
the
reduction in taxes has not been granted, in the same manner
prescribed under section 323.154 of the Revised Code for
notification of denial of an application. Failure of an owner to
receive an application does not excuse the
failure of the owner to
file an original application.
The county auditor is not required
to furnish an
application under this paragraph for any homestead
for which
application has previously been made on a form
incorporated into
any form used by the county auditor to
administer the tax law in respect to the conveyance of real
property or of used manufactured homes or used mobile homes, and
an
owner who previously has applied on such a form
is not required
to return
an application furnished under this
paragraph.
(D) No person shall knowingly make a false statement for
the
purpose of obtaining a reduction in the person's real property or
manufactured home taxes under section 323.152 of the Revised Code.
(E) No person shall knowingly fail to notify the county
auditor of changes required by division (C) of this section that
have the effect of maintaining or securing a reduction in taxable
value of homestead property or a reduction in taxes in excess of
the reduction allowed under section 323.152 of the Revised Code.
(F) No person shall knowingly make a false statement or
certification attesting to any person's physical or mental
condition for purposes of qualifying such person for tax relief
pursuant to sections 323.151 to 323.159 of the Revised
Code.
Sec. 323.154. On or before the day the county auditor has
completed the duties imposed by sections 319.30 to 319.302 of the
Revised Code, the auditor shall issue a certificate
of reduction in taxes in triplicate for each person who has complied
with section 323.153 of the Revised Code and whose homestead, as
defined in division (A)(1) of section 323.151 of the Revised
Code, or
manufactured or mobile home the auditor finds
is entitled to a reduction in real property or manufactured home taxes
for that year
under section 323.152 of the Revised Code. Except as provided in
section 323.159 of the Revised Code, in the case of a
homestead entitled to a reduction under division (A) of that
section, the certificate shall state the taxable value of the
homestead on the first day of January of that year, the amount of
the reduction in taxable value and the total reduction in taxes
for that year under that section, the tax rate that is applicable
against such homestead for that year, and any other information
the tax commissioner requires. In the case of a homestead or a
manufactured or mobile home entitled to a reduction under division (B) of
that section, the
certificate shall state the total amount of the reduction in
taxes for that year under that section and any other information
the tax commissioner requires. The certificate for reduction in
taxes shall be on a form approved by the commissioner. Upon
issuance of such a certificate, the county auditor shall forward
one copy and the original to the county treasurer and retain one
copy. The county auditor also shall record the amount of
reduction in taxes in the appropriate column on the general tax
list and duplicate of real and public utility property and on the
manufactured home tax list.
If an application, late application, or continuing
application is not approved, or if the county auditor otherwise
determines that a homestead or a manufactured or mobile home does not
qualify for a reduction in
taxes under division (A) or (B) of section 323.152 of the Revised
Code, the auditor shall notify the applicant of the reasons for
denial not later than the first Monday in October. If an
applicant believes that the application for reduction
has been improperly
denied or that the reduction is for less than that to which the
applicant is entitled, the applicant may file an appeal
with the county board of revision
not later than the date of closing of the collection for the
first half of real and public utility property taxes or manufactured home
taxes. The appeal
shall be treated in the same manner as a complaint relating to
the valuation or assessment of real property under Chapter 5715.
of the Revised Code.
Sec. 325.31. (A) On the first business day of each month,
and at the end of the officer's term of office, each officer
named in section 325.27 of the Revised Code shall pay into the county
treasury, to the credit of the general county fund, on the
warrant of the county auditor, all fees, costs, penalties,
percentages, allowances, and perquisites collected by the
officer's office during the preceding month or part thereof for official
services, except the fees allowed the county auditor by division (B)(C) of
section 319.54 of the Revised Code, which shall be paid into the
county treasury to the credit of the real estate assessment fund
hereby created.
(B) Moneys to the credit of the real estate assessment
fund may be expended, upon appropriation by the board of county
commissioners, for the purpose of defraying one or more of the following:
(1) The cost
incurred by the county auditor in assessing real estate pursuant
to Chapter 5713. of the Revised Code and manufactured and mobile homes
pursuant to Chapter 4503. of the Revised Code;
(2) At the county
auditor's
discretion, costs and expenses incurred by the county auditor in preparing the list of real and public utility property, in administering laws related to the taxation of real property and the levying of special assessments on real property, including administering reductions under Chapters 319. and 323. and section 4503.065 of the Revised Code, and to support assessments of real property in any administrative or judicial proceeding;
(3) At the county auditor's discretion, the expenses incurred by the county board of revision under
Chapter 5715. of the Revised Code;
(4) At the county auditor's discretion, the expenses incurred by the county auditor for geographic information systems, mapping programs, and technological advances in those or similar systems or programs;
(5) At the county auditor's discretion, expenses incurred by the county auditor in compiling the general tax list of tangible personal property and administering tangible personal property taxes under Chapters 5711. and 5719. of the Revised Code;
(6) At the county auditor's discretion, costs, expenses, and fees incurred by the county auditor in the administration of estate taxes under Chapter 5731. of the Revised Code and the amounts incurred under section 5731.41 of the Revised Code.
Any expenditures made from
the real estate assessment fund shall comply with rules that the
tax commissioner adopts under division (O) of section 5703.05 of
the Revised Code. Those rules shall include a requirement that a
copy of any appraisal plans, progress of work reports, contracts,
or other documents required to be filed with the tax commissioner
shall be filed also with the board of county commissioners.
The board of county commissioners shall not transfer moneys
required to be deposited in the real estate assessment fund to
any other fund. Following an assessment of real property
pursuant to Chapter 5713. of the Revised Code, or an assessment of a
manufactured or mobile home pursuant to Chapter 4503.
of the Revised Code, any moneys not
expended for the purpose of defraying the cost incurred in
assessing real estate or manufactured or mobile homes or for the
purpose of defraying the expenses described in divisions (B)(2), (3), (4), (5), and (6) of this section, and thereby remaining to the credit of the
real estate assessment fund, shall be apportioned ratably and
distributed to those taxing authorities that contributed
to the fund. However, no such distribution shall be made if the amount
of such unexpended moneys remaining to the credit of the real
estate assessment fund does not exceed five thousand dollars.
(C) None of the officers named in section 325.27 of the
Revised Code shall collect any fees from the county. Each of
such officers shall, at the end of each calendar year, make and
file a sworn statement with the board of county commissioners of
all such fees, costs, penalties, percentages, allowances, and
perquisites which have been due in the officer's office and
unpaid for more than one year prior to the date such statement is required to
be made.
Sec. 329.04. (A) The county department of job and family
services shall
have, exercise, and perform the following powers
and duties:
(1) Perform any duties assigned by
the state department of
job and family services
regarding the provision of public family
services, including the provision of the following services
to
prevent or reduce economic or
personal dependency and to
strengthen family life:
(a) Services authorized by
a Title IV-A
program, as
defined in section 5101.80 of the Revised Code;
(b) Social services authorized by Title XX of the
"Social
Security Act" and provided for by section 5101.46 or 5101.461 of the Revised
Code;
(c) If the county department is designated as the child
support
enforcement agency, services authorized by Title IV-D of
the "Social
Security
Act" and provided for by
Chapter 3125. of
the Revised Code. The county
department
may perform the services
itself or contract with other
government entities, and, pursuant
to division
(C) of section 2301.35 and section 2301.42 of the
Revised Code, private
entities, to perform the Title IV-D
services.
(d) Duties assigned under section 5111.98 of the Revised Code.
(2) Administer disability financial assistance, as required by the state department of job and
family services under section 5115.03 of the Revised Code;
(3) Administer disability medical assistance, as required by the state department of job and family services under section 5115.13 of the Revised Code;
(4) Administer burials insofar as the administration of
burials was,
prior to September 12, 1947, imposed upon the board
of county commissioners
and if otherwise required by state law;
(5) Cooperate with state and federal authorities in any
matter
relating to family services and to act as the agent of
such
authorities;
(6) Submit an annual account of its
work and expenses to the
board of county commissioners and to the
state department of job
and family services at the
close of each fiscal year;
(7) Exercise any powers and duties
relating to family
services duties or workforce development
activities imposed upon the
county department of job and
family
services by law, by resolution
of the board of county commissioners, or by
order of the governor,
when authorized by law, to meet
emergencies during war or peace;
(8) Determine the eligibility for medical assistance of
recipients of aid under Title XVI of the "Social Security Act";
(9) If assigned by the state director of job and
family
services under section 5101.515 of the Revised Code,
determine
applicants' eligibility for health assistance under the
children's
health insurance program part II;
(10) Enter into a plan of cooperation with the board of
county
commissioners under section 307.983, consult with
the board
in the development of the transportation work plan developed under
section 307.985, establish with the board procedures
under section
307.986 for
providing services to children whose families relocate
frequently, and comply
with the
contracts the board enters into
under sections 307.981 and 307.982 of the
Revised Code that affect
the county department;
(11) For the purpose of complying with a fiscal grant agreement the board
of county commissioners enters into under
section sections 307.98 and 5101.21 of the Revised Code, exercise the
powers and
perform the duties the fiscal grant agreement assigns to the county
department;
(12) If the county department is designated as the workforce
development
agency, provide the workforce development activities
specified in the contract
required by section 330.05 of the
Revised Code.
(B) The powers and duties of a county department of job and
family services are, and
shall be exercised and performed, under
the control and direction of the board
of county commissioners.
The board may assign to the county department any
power or duty of
the board regarding family services duties and workforce development
activities. If the new power or duty
necessitates the state
department of job and family
services changing its federal cost
allocation plan, the county department may not implement the power
or duty
unless the United States department of health and human
services approves the
changes.
Sec. 329.05. The county department of job and family
services may
administer or assist in administering any state or
local
family services
duty in addition
to those mentioned in
section 329.04 of
the Revised Code, supported wholly or in part by
public funds
from any source provided by agreement between the
board of county
commissioners and the officer, department, board,
or agency in
which the administration of such activity is vested.
Such
officer, department, board, or agency may enter into such
agreement and confer upon the county department of job and
family
services, to the extent and in particulars specified in the
agreement, the performance of any duties and the exercise of any
powers imposed upon or vested in such officer, board, department,
or agency, with respect to the administration of such activity.
Such agreement shall be in the form of a resolution of the board
of county commissioners, accepted in writing by the other party
to
the agreement, and filed in the office of the county auditor,
and
when so filed, shall have the effect of transferring the
exercise
of the powers and duties to which the agreement relates
and shall
exempt the other party from all further responsibility
for the
exercise of the powers and duties so transferred, during
the life
of the agreement.
Such agreement shall be coordinated and not conflict with a
fiscal grant agreement entered into under section sections 307.98 and 5101.21, a
contract
entered into under section 307.981 or 307.982, a plan of
cooperation
entered
into under section 307.983, a regional plan of
cooperation entered into
under section 307.984, a transportation
work plan
developed under
section 307.985, or procedures for
providing services
to children whose
families relocate frequently
established under section
307.986 of the Revised
Code. It may be
revoked at the option of either
party, by a resolution or order of
the revoking party filed in
the office of the auditor. Such
revocation shall become
effective at the end of the fiscal year
occurring at least six
months following the filing of the
resolution or order. In the
absence of such an express revocation
so filed, the agreement
shall continue indefinitely.
This section does not permit a county department of job and
family
services to manage or control hospitals, humane societies,
detention
facilities,
jails or
probation departments of courts,
or veterans service commissions.
Sec. 329.14. (A) An
individual whose household income does not exceed one two hundred fifty per cent
of the federal poverty line is eligible to participate
in an individual development account program established by the county
department of job and family services of the county in
which the individual resides.
An eligible
individual seeking to be a participant in the program shall enter
into an agreement with the fiduciary organization administering
the program. The agreement shall specify the terms and conditions of uses of
funds deposited, financial documentation
required to be maintained by the participant, expectations and
responsibilities of the participant, and services to be provided by
the fiduciary organization.
(B) A participant may deposit
earned income, as defined in 26 U.S.C.
911(d)(2), as amended, into the account. The fiduciary
organization may deposit into the account
an amount not exceeding twice four times the amount deposited by the participant
except that a fiduciary organization may not, pursuant to
an agreement with an employer, deposit an amount into an account
held by a participant who is employed by the
employer. An account may have no more than ten thousand dollars in it at
any time.
(C) Notwithstanding eligibility requirements established in or
pursuant to Chapter 5107., 5108., or 5111. of the Revised
Code, to the extent
permitted by federal statutes and regulations, money in an
individual development account, including interest, is exempt
from consideration in determining whether the participant or a member of the
participant's assistance group is eligible for
assistance under Chapter 5107., 5108., or 5111. of the
Revised
Code and the amount of assistance the participant or assistance group
is eligible to receive.
(D)(1) Except as
provided in division (D)(2) of this section, an individual
development account program participant
may use money in the account only for the following
purposes:
(a) Postsecondary educational
expenses paid directly from the account to an eligible education
institution or vendor;
(b) Qualified
acquisition expenses of a principal residence, as defined in 26
U.S.C. 1034, as amended, paid directly from the
account to the person or government entity to which the expenses are
due;
(c) Qualified business capitalization expenses made in
accordance with a qualified business plan that has been approved by a
financial institution or by a nonprofit microenterprise program having
demonstrated business expertise and paid
directly
from the account to the person to whom the expenses are
due.
(2) A fiduciary organization shall
permit a participant to withdraw money deposited by the
participant if it is needed to deal with a personal emergency of the
participant or a member of the participant's family or household. Withdrawal
shall result in the loss of any matching
funds in an amount equal to the amount of the
withdrawal.
(3) Regardless of the reason for the withdrawal, a withdrawal from an
individual development
account may be made only with the approval of the fiduciary
organization.
Sec. 333.02. Before June 1, 2007 January 1, 2008, a board of county commissioners of a county that levies a county sales and use tax may enter into an agreement with any person that proposes to construct an impact facility in the county to provide payments to that person of up to seventy-five per cent of the county sales and use tax collected on each retail sale made by that person at the facility, for a term of up to ten years, or until the person's qualifying investment in the impact facility has been realized through the payments, whichever occurs first.
Sec. 333.04. (A) After review of the items submitted under division (A) of section 333.03 of the Revised Code, and after receipt of the certification from the director of development under division (B) of that section, a board of county commissioners, before June 1, 2007 January 1, 2008, may enter into an agreement under section 333.02 of the Revised Code, provided that the board has determined all of the following:
(1) The proposed impact facility is economically sound;
(2) Construction of the proposed impact facility has not begun prior to the day the agreement is entered into;
(3) The impact facility will benefit the county by increasing employment opportunities and strengthening the local and regional economy; and
(4) Receiving payments from the board of county commissioners is a major factor in the person's decision to go forward with construction of the impact facility.
(B) An agreement entered into under this section shall include all of the following:
(1) A description of the impact facility that is the subject of the agreement, including the existing investment level, if any, the proposed amount of investments, the scheduled starting and completion dates for the facility, and the number and type of full-time equivalent positions to be created at the facility;
(2) The percentage of the county sales and use tax collected at the impact facility that will be used to make payments to the person entering into the agreement;
(3) The term of the payments and the first calendar quarter in which the person may apply for a payment under section 333.06 of the Revised Code;
(4) A requirement that the amount of payments made to the person during the term established under division (B)(3) of this section shall not exceed the person's qualifying investment, and that all payments cease when that amount is reached;
(5) A requirement that the person maintain operations at the impact facility for at least the term established under division (B)(3) of this section;
(6) A requirement that the person annually certify to the board of county commissioners, on or before a date established by the board in the agreement, the level of investment in, the number of employees and type of full-time equivalent positions at, and the amount of county sales and use tax collected and remitted to the tax commissioner or treasurer of state from sales made at, the facility;
(7) A provision stating that the creation of the proposed impact facility does not involve the relocation of more than ten full-time equivalent positions and two million dollars in taxable assets to the impact facility from another facility owned by the person, or a related member of the person, that is located in another political subdivision of this state, other than the political subdivision in which the impact facility is or will be located;
(8) A provision stating that the person will not relocate more than ten full-time equivalent positions and two million dollars in taxable assets to the impact facility from another facility in another political subdivision of this state during the term of the payments without the written approval of the director of development;
(9) A detailed explanation of how the person determined that more than fifty per cent of the visitors to the facility live at least one hundred miles from the facility.
(C) For purposes of this section, the transfer of a full-time equivalent position or taxable asset from another political subdivision in this state to the political subdivision in which the impact facility is or will be located shall be considered a relocation, unless the person refills the full-time equivalent position, or replaces the taxable asset with an asset of equal or greater taxable value, within six months after the transfer. The person may not receive a payment under this chapter for any year in which more than ten relocations occurred without the written consent of the board of county commissioners.
Sec. 340.03. (A) Subject to rules issued by the director
of
mental health after consultation with relevant constituencies
as
required by division (A)(11) of section 5119.06 of the Revised
Code, with regard to mental health services, the board of
alcohol,
drug addiction, and mental health services shall:
(1) Serve as the community mental health planning agency
for
the county or counties under its jurisdiction, and in so
doing it
shall:
(a) Evaluate the need for
facilities and community mental
health
services;
(b)
In cooperation with other local and regional
planning
and funding bodies and with relevant ethnic
organizations,
assess
the community mental health needs, set
priorities, and
develop
plans for the operation of
facilities and
community
mental health
services;
(c) In accordance with guidelines issued by the director
of
mental health after consultation with board representatives,
develop and submit to the department of mental health, no later
than six months prior to the conclusion of the fiscal year in
which the board's current plan is scheduled to expire, a
community
mental health plan listing community mental health
needs,
including the needs of all residents of the district now
residing
in state mental institutions and severely mentally
disabled
adults, children, and adolescents; all children
subject to a
determination made pursuant to section 121.38 of the Revised
Code;
and all
the facilities and community mental health
services that
are or will be
in operation
or provided
during
the
period for
which the plan will be in operation in the
service
district to
meet such needs.
The plan shall include, but not be limited to, a statement
of
which of the services listed in section 340.09 of the Revised
Code
the board intends to make available. The board must include crisis intervention services for individuals in an emergency situation in the plan and explain how the board intends to make such services available. The plan must also include an explanation of
how
the board intends to make any payments that it may be
required to
pay under section 5119.62 of the Revised Code, a
statement of the
inpatient and community-based services the board
proposes that the
department operate, an assessment of the number
and types of
residential facilities needed, such other
information as the
department requests, and a budget for moneys
the board expects to
receive. The board shall also submit an
allocation request for
state and federal funds. Within sixty
days after the department's
determination that the plan and
allocation request are complete,
the department shall approve or
disapprove the plan and request,
in whole or in part, according
to the criteria developed pursuant
to section 5119.61 of the
Revised Code. The department's
statement of approval or
disapproval shall specify the inpatient
and the community-based
services that the department will operate
for the board. Eligibility
Eligibility for state and federal funding shall be
contingent upon an
approved plan or relevant part of a plan. The department may provide state and federal funding for services included in a plan only if the services are for individuals whose focus of treatment or prevention is a mental disorder according to the edition of the American psychiatric association's diagnostic and statistical manual of mental disorders that is current at the time the funding is provided. This shall include such services for individuals who have a mental disorder and a co-occurring substance use disorder, substance-induced disorder, chronic dementing organic mental disorder, mental retardation, or developmental disability. The department may not provide state or federal funding under a plan for a service for individuals whose focus of treatment or prevention is solely a substance use disorder, substance-induced disorder, chronic dementing organic mental disorder, mental retardation, or developmental disability.
If the director disapproves all or part of any plan, the
director shall inform the board of the reasons for the disapproval
and of
the criteria that must be met before the plan may be
approved.
The director shall provide the board an opportunity to
present
its case on behalf of the plan. The director shall give
the
board a reasonable time in which to meet the criteria, and
shall
offer the board technical assistance to help it meet the
criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
If a board determines that it is necessary to amend a plan
or
an allocation request that has been approved under division
(A)(1)(c) of this section, the board shall submit a proposed
amendment to the director. The director may approve or
disapprove
all or part of the amendment. If the director does
not approve
all or part of the amendment within thirty days after
it is
submitted, the amendment or part of it shall be considered
to have
been approved. The director shall inform the board of the
reasons
for
disapproval of all or part of an amendment and of the criteria
that
must be met before the
amendment may be approved. The
director shall provide the board
an opportunity to present its
case on behalf of the amendment. The director
shall give the
board a reasonable time in which to
meet the criteria, and shall
offer the board technical assistance
to help it meet the criteria.
The board shall implement the plan approved by the
department.
(d) Receive, compile, and transmit to the department of
mental health applications for state reimbursement;
(e) Promote, arrange, and implement working agreements
with
social agencies, both public and private, and with judicial
agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
services from a community mental health agency as defined in
section 5122.01 of the Revised Code, or from a residential
facility licensed under section 5119.22 of the Revised Code. If
the investigation substantiates the charge of abuse or neglect,
the board shall take whatever action it determines is necessary
to
correct the situation, including notification of the
appropriate
authorities. Upon request, the board shall provide
information
about such investigations to the department.
(3)
For the purpose of section 5119.611 of the
Revised Code,
cooperate with the director of mental health in
visiting and
evaluating whether the services of a community mental
health
agency satisfy the certification standards
established by
rules
adopted under that section;
(4) In accordance with criteria established under division
(G) of section 5119.61 of the Revised Code, review and evaluate
the quality, effectiveness, and
efficiency of services provided
through its
community mental
health
plan
and submit its findings
and recommendations to the department of
mental health;
(5) In accordance with section 5119.22 of the Revised
Code,
review applications for residential facility licenses and
recommend to the department of mental health approval or
disapproval of applications;
(6) Audit, in accordance with rules adopted by the auditor
of state pursuant to section 117.20 of the Revised Code, at least
annually all programs and services provided under contract with
the board. In so doing, the board may contract for or employ the
services of private auditors. A copy of the fiscal audit report
shall be provided to the director of mental health, the auditor
of
state, and the county auditor of each county in the board's
district.
(7) Recruit and promote local financial support for
mental
health programs from private and public sources;
(8)(a)
Enter
into contracts with public and private
facilities for the operation of facility services included in the
board's community mental health plan and enter into contracts with
public and private
community
mental health
agencies for the
provision of
community mental
health services that are
listed in section
340.09 of the
Revised Code and included in the
board's community
mental health
plan.
The board may not contract with a community
mental health
agency to provide community mental health services included in the board's community mental health plan unless the services are certified by the director of mental health under section 5119.611 of the
Revised Code.
Section 307.86 of the Revised Code does not apply
to
contracts
entered into under this division. In contracting
with
a
community mental health agency, a board
shall
consider the cost
effectiveness of services provided by that
agency and the quality
and continuity of care, and may review cost
elements, including
salary costs, of the services to be provided.
A utilization
review
process shall be established as part of the
contract for
services
entered into between a board and a
community mental health
agency. The board may establish
this process in a way
that is
most effective and efficient
in meeting local needs. In the case
of a
contract with a
community mental health facility, as defined in
section 5111.023 of the Revised Code, to provide
services
listed in
division (B) of that section, the contract
shall
provide for the
facility to be paid in accordance with the
contract entered into between the
departments of
job and
family
services and mental health under
section 5111.91 of the Revised Code and
any rules adopted under division (A) of section
5119.61 of the
Revised Code.
If either the board or a
facility or community mental health
agency
with
which
the board contracts
under division (A)(8)(a)
of this
section proposes not to renew the contract or proposes
substantial
changes in contract terms, the other party shall be
given written
notice at least one hundred twenty days before the
expiration date
of the contract. During the first sixty days of
this one hundred
twenty-day period, both parties shall attempt to
resolve any
dispute through good faith collaboration and
negotiation in order
to continue to provide services to persons
in
need. If the
dispute has not been resolved sixty days before
the
expiration
date of the contract, either party may notify the
department of
mental health of the unresolved dispute. The
director may require
both parties to submit the dispute to a
third
party with the cost
to be shared by the board and the
facility or
community
mental
health
agency. The third party shall issue to
the board,
the
facility or agency,
and the department
recommendations on how the
dispute
may be
resolved twenty days
prior to the expiration date
of the
contract, unless both parties
agree to a time extension.
The
director shall adopt rules
establishing the procedures of this
dispute resolution process.
(b) With the prior approval of the director of mental
health, a board may operate a
facility or provide a community
mental health service as follows, if there
is no other qualified
private or
public
facility or community
mental health agency that
is
immediately available and willing to
operate such
a facility or
provide the service:
(i) In an emergency situation, any board may operate a
facility or provide a community
mental health service in order to
provide
essential services for the duration
of the emergency;
(ii) In a service district with a population of at least
one
hundred thousand but less than five hundred thousand, a board
may
operate a
facility or provide a community mental health service
for no
longer than one year;
(iii) In a service district with a population of less than
one hundred thousand, a board may operate a
facility or provide a
community mental
health
service for no
longer than one year,
except
that such a board may operate a
facility or provide a
community mental health
service for more than one year with the
prior approval of the
director and the prior approval of the board
of county
commissioners, or of a majority of the boards of county
commissioners if the district is a joint-county district.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(ii) or (iii) of this section
unless the
director
determines that
it is not feasible to have the
department
operate the
facility or provide the service.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(iii) of this section unless
the director
determines
that the
board will
provide greater
administrative
efficiency and
more or better
services than would
be available if
the board
contracted with a
private or public
facility or
community mental
health
agency.
The director shall not give a board approval to operate
a
facility previously
operated
by
a
person or other government
entity
unless the board has
established to the director's
satisfaction
that the
person or other government entity cannot
effectively
operate the
facility or
that
the
person or other
government entity has requested
the board to take over operation
of the
facility.
The director shall not give a board approval to
provide
a community mental health service previously provided by a
community mental health agency unless the board has established to
the director's satisfaction that the agency cannot effectively
provide the service or that the agency has requested the board
take over providing the service.
The director shall review and evaluate
a board's
operation
of
a facility and provision of community mental
health service
under
division (A)(8)(b) of this section.
Nothing in division (A)(8)(b) of this section authorizes a
board to administer or direct the daily operation of any
facility
or community
mental health agency, but
a facility or agency may
contract with a
board to
receive administrative services or staff
direction from
the board
under the direction of the governing body
of the
facility or agency.
(9) Approve fee schedules and related charges or adopt a
unit cost schedule or other methods of payment for contract
services provided by community mental health agencies in
accordance with guidelines issued by the department as necessary
to comply with state and federal laws pertaining to financial
assistance;
(10) Submit to the director and the county commissioners
of
the county or counties served by the board, and make available
to
the public, an annual report of the programs under the
jurisdiction of the board, including a fiscal accounting;
(11) Establish, to the extent resources are available, a
community support system, which provides for treatment, support,
and rehabilitation services and opportunities. The essential
elements of the system include, but are not limited to, the
following components in accordance with section 5119.06 of the
Revised Code:
(a) To locate persons in need of mental health services to
inform them of available services and benefits mechanisms;
(b) Assistance for clients to obtain services necessary to
meet basic human needs for food, clothing, shelter, medical care,
personal safety, and income;
(c) Mental health care, including, but not limited to,
outpatient, partial hospitalization, and, where
appropriate,
inpatient care;
(d) Emergency services and crisis intervention;
(e) Assistance for clients to obtain vocational services
and
opportunities for jobs;
(f) The provision of services designed to develop social,
community, and personal living skills;
(g) Access to a wide range of housing and the provision of
residential treatment and support;
(h) Support, assistance, consultation, and education for
families, friends, consumers of mental health services, and
others;
(i) Recognition and encouragement of families, friends,
neighborhood networks, especially networks that include racial
and
ethnic minorities, churches, community organizations, and
meaningful employment as natural supports for consumers of mental
health services;
(j) Grievance procedures and protection of the rights of
consumers of mental health services;
(k) Case management, which includes continual
individualized
assistance and advocacy to ensure that needed
services are offered
and procured.
(12) Designate the treatment program, agency,
or
facility
for each person involuntarily committed to the board
pursuant to
Chapter 5122. of the Revised Code and authorize
payment for such
treatment. The board shall provide the least
restrictive and most
appropriate alternative that is available
for
any person
involuntarily committed to it and shall assure
that the
services
listed in section 340.09 of the Revised Code
are
available to
severely mentally disabled persons residing
within
its service
district. The board shall establish the
procedure for
authorizing
payment for services, which may include
prior
authorization in
appropriate circumstances. The board may
provide
for services
directly to a severely mentally disabled
person when
life or
safety is endangered and when no community
mental health
agency is
available to provide the service.
(13) Establish a method for evaluating
referrals for
involuntary commitment and affidavits filed pursuant
to section
5122.11 of the Revised Code in order to assist the
probate
division of the court of common pleas in determining
whether there
is probable cause that a respondent is subject to
involuntary
hospitalization and what alternative treatment is
available and
appropriate, if any;
(14) Ensure that apartments or rooms built,
subsidized,
renovated, rented, owned, or leased by the board or a
community
mental health agency have been approved as meeting
minimum fire
safety standards and that persons residing in the
rooms or
apartments are receiving appropriate and necessary
services,
including culturally relevant services, from a
community mental
health agency. This division does not apply to
residential
facilities licensed pursuant to section 5119.22 of
the Revised
Code.
(15) Establish a mechanism for involvement
of consumer
recommendation and advice on matters pertaining
to mental health
services in the alcohol, drug addiction, and
mental health service
district;
(16) Perform the duties under section 3722.18 of the
Revised
Code required by rules
adopted under section 5119.61 of
the
Revised Code
regarding referrals by the board or mental health
agencies under contract
with the board of individuals with mental
illness
or severe mental disability to adult care facilities and
effective
arrangements for ongoing mental health services for the
individuals. The
board is accountable in the manner specified in
the rules for ensuring that
the ongoing mental health services are
effectively arranged for the
individuals.
(B) The board shall establish such rules, operating
procedures, standards, and bylaws, and perform such other duties
as may be necessary or proper to carry out the purposes of this
chapter.
(C) A board of alcohol, drug addiction, and
mental health
services may receive by gift, grant, devise, or
bequest any
moneys, lands, or property for the benefit of the
purposes for
which the board is established, and may hold and
apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant,
or bequest
shall be deposited in the treasury of the county, the
treasurer of
which is custodian of the alcohol, drug addiction,
and mental
health services funds to the credit of the board and
shall be
available for use by the board for purposes stated by
the donor or
grantor.
(D) No board member or employee of a board of alcohol,
drug
addiction, and mental health services shall be liable for
injury
or damages caused by any action or inaction taken within
the scope
of the board member's official duties or the
employee's
employment, whether or not such action or inaction is expressly
authorized by this section, section 340.033, or any other section
of the
Revised Code, unless such action or inaction constitutes
willful or wanton
misconduct. Chapter 2744. of the Revised Code
applies to any action or
inaction by a board member or employee of
a board taken within the scope of
the board member's official
duties or employee's employment. For the purposes
of this
division, the conduct of a board member or employee shall
not be
considered willful or wanton misconduct if the board
member or
employee acted in good faith and in a manner that the
board member
or employee
reasonably believed was in or was not opposed to the
best
interests of the board and, with respect to any criminal
action
or proceeding, had no reasonable cause to believe the
conduct was unlawful.
(E) The meetings held by any committee established by a
board of alcohol, drug addiction, and mental health services
shall
be considered to be meetings of a public body subject to
section
121.22 of the Revised Code.
Sec. 505.37. (A) The board of township trustees may
establish all necessary rules to guard against the occurrence of
fires and to protect the property and lives of the citizens
against damage and accidents, and may, with the approval of the
specifications by the prosecuting attorney or, if the township has
adopted
limited home rule government under
Chapter 504.
of the
Revised Code, with the
approval of the
specifications by
the
township's law director, purchase, lease, lease with an option to purchase, or otherwise
provide any
fire
apparatus, mechanical resuscitators, or other
equipment,
appliances, materials, fire hydrants, and water supply
for
fire-fighting purposes that seems advisable to the board.
The
board shall provide for the care and maintenance of fire
equipment, and, for these purposes, may purchase, lease, lease with an option to purchase, or
construct and maintain necessary buildings, and it may establish
and maintain lines of fire-alarm communications within the limits
of the township. The board may employ one or more persons to
maintain and operate fire-fighting equipment, or it may enter
into
an agreement with a volunteer fire company for the use and
operation of fire-fighting equipment. The board may compensate
the members of a volunteer fire company on any basis and in any
amount that it considers equitable.
When the estimated cost to purchase fire apparatus, mechanical resuscitators, other equipment, appliances, materials, fire hydrants, buildings, or fire-alarm communications equipment or services exceeds fifty thousand dollars, the contract shall be let by competitive bidding. When competitive bidding is required, the board shall advertise for not less than two nor more than four consecutive weeks in a newspaper of general circulation within the township. The advertisement shall include the time, date, and place where the clerk of the township, or the clerk's designee, will read bids publicly. The time, date, and place of bid openings may be extended to a later date by the board of township trustees, provided that written or oral notice of the change shall be given to all persons who have received or requested specifications not later than ninety-six hours prior to the original time and date fixed for the opening. The board may reject all the bids or accept the lowest and best bid, provided that the successful bidder meets the requirements of section 153.54 of the Revised Code when the contract is for the construction, demolition, alteration, repair, or reconstruction of an improvement.
(B) The boards of township trustees of any two or more
townships, or the legislative authorities of any two or more
political subdivisions, or any combination of these, may, through
joint action, unite in the joint purchase, lease, lease with an option to purchase, maintenance, use, and
operation of fire-fighting equipment, or for any other purpose
designated in sections 505.37 to 505.42 of the Revised Code, and
may prorate the expense of the joint action on any terms that are
mutually agreed upon.
(C) The board of township trustees of any township may, by
resolution, whenever it is expedient and necessary to guard
against the occurrence of fires or to protect the property and
lives of the citizens against damages resulting from their
occurrence, create a fire district of any portions of the
township
that it considers necessary. The board may purchase, lease, lease with an option to purchase, or
otherwise
provide any fire apparatus, appliances, materials, fire
hydrants,
and water supply for fire-fighting purposes, or may
contract for
the fire protection for the fire district as
provided in section
9.60 of the Revised Code. The fire district
so created shall be
given a separate name by which it shall be
known.
Additional unincorporated territory of the township may be
added to a fire district upon the board's adoption of a
resolution
authorizing the addition. A municipal corporation
that is within
or adjoining the township may be added to a fire
district upon the
board's adoption of a resolution authorizing
the addition and the
municipal legislative authority's adoption
of a resolution or
ordinance requesting the addition of the
municipal corporation to
the fire district.
If the township fire district imposes a tax, additional
unincorporated territory of the township or a municipal
corporation that is within or adjoining the township shall become
part of the fire district only after all of the following have
occurred:
(1) Adoption by the board of township trustees of a
resolution approving the expansion of the territorial limits of
the district and, if the resolution proposes to add a municipal
corporation, adoption by the municipal legislative authority of a
resolution or ordinance requesting the addition of the municipal
corporation to the district;
(2) Adoption by the board of township trustees of a
resolution recommending the extension of the tax to the
additional
territory;
(3) Approval of the tax by the electors of the territory
proposed for addition to the district.
Each resolution of the board adopted under division (C)(2)
of
this section shall state the name of the fire district, a
description of the territory to be added, and the rate and
termination date of the tax, which shall be the rate and
termination date of the tax currently in effect in the fire
district.
The board of trustees shall certify each resolution adopted
under division (C)(2) of this section to the board of elections
in
accordance with section 5705.19 of the Revised Code. The
election
required under division (C)(3) of this section shall be
held,
canvassed, and certified in the manner provided for the
submission
of tax levies under section 5705.25 of the Revised
Code, except
that the question appearing on the ballot shall
read:
"Shall the territory within ........................
(description of the proposed territory to be added) be added to
........................ (name) fire district, and a property tax
at a rate of taxation not exceeding ......
(here insert tax rate)
be in effect for .......... (here insert
the number of years the
tax is to be in effect or
"a continuing
period of time," as
applicable)?"
If the question is approved by at least a majority of the
electors voting on it, the joinder shall be effective as of the
first day of July of the year following approval, and on that
date, the township fire district tax shall be extended to the
taxable property within the territory that has been added. If
the
territory that has been added is a municipal corporation and
if it
had adopted a tax levy for fire purposes, the levy is
terminated
on the effective date of the joinder.
Any municipal corporation may withdraw from a township fire
district created under division (C) of this section by the
adoption by the municipal legislative authority of a resolution
or
ordinance ordering withdrawal. On the first day of July of
the
year following the adoption of the resolution or ordinance of
withdrawal, the municipal corporation withdrawing ceases to be a
part of the district, and the power of the fire
district to levy
a
tax upon taxable property in the withdrawing municipal
corporation
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred.
Upon the withdrawal of any municipal corporation from a
township fire district created under division (C) of this
section,
the county auditor shall ascertain, apportion, and order
a
division of the funds on hand, moneys and taxes in the process
of
collection except for taxes levied for the payment of
indebtedness, credits, and real and personal property, either in
money or in kind, on the basis of the valuation of the respective
tax duplicates of the withdrawing municipal corporation and the
remaining territory of the fire district.
A board of township trustees may remove unincorporated
territory of the township from the fire district upon the
adoption
of a resolution authorizing the removal. On the first
day of July
of the year following the adoption of the
resolution, the
unincorporated township territory described in
the resolution
ceases to be a part of the district,
and the power
of the fire
district to levy a tax upon taxable property in that
territory
terminates, except that the fire district shall
continue to levy
and collect taxes for the payment of
indebtedness within the
territory of the fire district as it was
composed at the time the
indebtedness was incurred.
(D) The board of township trustees of any township, the
board of fire district trustees of a fire district created under
section 505.371 of the Revised Code, or the legislative authority
of any municipal corporation may purchase, lease, or lease with an option to purchase the necessary
fire-fighting equipment, buildings, and sites for the township,
fire district, or municipal corporation and issue securities for
that purpose
with maximum
maturities as provided in section 133.20
of the Revised
Code. The board of township trustees, board of
fire district trustees, or legislative authority may also
construct any buildings necessary to house fire-fighting
equipment
and
issue securities for that purpose with maximum maturities as
provided in
section 133.20 of the Revised Code.
The board of
township trustees, board of fire district trustees,
or legislative
authority may issue the securities of the
township,
fire district,
or municipal corporation, signed by the board or
designated
officer of the municipal corporation and attested by
the signature
of the township fiscal officer, fire district clerk, or municipal clerk,
covering any
deferred payments and payable at the times
provided, which
securities shall bear interest not to
exceed the rate
determined
as provided in section 9.95 of the Revised Code, and
shall not be
subject to Chapter 133. of the Revised Code. The
legislation
authorizing the issuance of the securities
shall provide
for
levying and collecting annually by taxation, amounts
sufficient to
pay the interest on and principal of the securities. The
securities shall be
offered for sale on the open
market or given
to the vendor or contractor if no sale is made.
Section 505.40 of the Revised Code does not apply to any securities issued, or any lease with an option to purchase entered into, in accordance with this division.
(E) A board of township trustees of any township or a
board
of fire district trustees of a fire district created under
section
505.371 of the Revised Code may purchase a policy or
policies of
liability insurance for the officers, employees, and
appointees of
the fire department, fire district, or joint fire
district
governed by the board that includes personal injury
liability
coverage as to the civil liability of those
officers,
employees,
and appointees for false arrest, detention, or
imprisonment,
malicious prosecution, libel, slander, defamation
or other
violation of the right of privacy, wrongful entry or
eviction, or
other invasion of the right of private occupancy,
arising out of
the performance of their duties.
When a board of township trustees cannot, by deed of gift
or
by purchase and upon terms it considers reasonable, procure
land
for a township fire station that is needed in order to
respond in
reasonable time to a fire or medical emergency, the
board may
appropriate land for that purpose under sections
163.01 to 163.22
of the Revised Code. If it is necessary to
acquire additional
adjacent land for enlarging or improving the
fire station, the
board may purchase, appropriate, or accept a
deed of gift for the
land for these purposes.
(F) As used in this division,
"emergency medical service
organization" has the same meaning as in section 4766.01 of the
Revised Code.
A board of township trustees, by adoption of an appropriate
resolution, may choose to have the Ohio
medical transportation board
license any emergency medical service organization
it operates.
If the board
adopts such a resolution, Chapter 4766.
of the
Revised Code,
except for
sections 4766.06 and 4766.99 of
the
Revised Code,
applies to the organization.
All rules adopted
under the
applicable sections of that chapter also apply
to the
organization. A board of township
trustees, by adoption of an
appropriate resolution, may remove
its emergency medical service
organization from the jurisdiction
of the Ohio
medical transportation board.
Sec. 505.376. When any expenditure of a fire and ambulance
district,
other than for the compensation of district employees,
exceeds twenty-five fifty thousand
dollars, the contract for the expenditure
shall be in writing and made with
the lowest and best
bidder after
advertising for not less than two nor more than four consecutive
weeks in a newspaper of general circulation within the district.
The bids
shall be opened and shall be publicly read by the clerk
of the district, or
the clerk's designee, at the time, date, and
place specified in the
advertisement to bidders or the
specifications. The time, date, and place of
bid openings may
be
extended to a later date by the board of trustees of the district,
provided
that written or oral notice of the change shall be given
to all persons who
have received or requested specifications no
later than ninety-six hours prior
to the original time and date
fixed for the opening.
Each bid on any contract shall contain the full name of every
person
interested in the bid. If the bid is for a contract for
the construction,
demolition, alteration, repair, or
reconstruction of an improvement, it shall
meet the requirements
of section 153.54 of the Revised Code.
If the bid is for any
other contract, it shall be accompanied by a sufficient
bond or
certified check, cashier's check, or money order on a solvent bank
or
savings and loan association that, if the bid is accepted, a
contract will be
entered into and the performance of it will be
properly secured. If the bid
for work embraces both labor and
material, it shall be separately stated, with
the price of the labor and the material.
The board may reject any and all bids. The contract shall
be
between the district and the bidder, and the district shall pay
the
contract price in
cash. When a bonus is offered for
completion of a contract prior to a
specified date, the board may
exact a prorated penalty in like sum for each
day
of delay beyond
the specified date. When there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned
shall be rejected.
Sec. 505.705. A board of township trustees may agree to appropriate township general
revenue fund moneys to, and may agree to grant or lend moneys from the township general revenue fund to, any political subdivision with authority to provide
water or, sanitary sewerage services, or both, to storm water drainage within the township, for the purpose of
providing moneys to the political subdivision to pay for the planning of or actual costs, fees, debt retirement, or any other expense, including, but not limited to, administrative and professional fees, incurred in supplying one or more of these purposes within the township, or the planning of or actual construction,
maintenance, repair, and or operation of water or, sanitary sewerage systems, or both, that
service storm water drainage within the township. A board of township trustees that grants or lends moneys to a political subdivision for this purpose shall expressly state the terms of the grant or loan agreement in a written memorandum.
Sec. 517.08. The proceeds arising from the sale of cemetery lots under
section 517.07 of the Revised Code shall be used in maintaining, improving, beautifying, and embellishing
such grounds, except that upon unanimous consent of the board of township
trustees, such proceeds may be used in the purchase or appropriation of
additional land for cemetery purposes in accordance with sections 517.01 and
517.13 of the Revised Code; and the board of township trustees may build and
maintain proper and secure fences around all such cemeteries, to be paid for
from the township funds.
Sec. 519.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the township zoning commission, by the
passage of a resolution
by the board of township
trustees, or by
the filing of an application
by one or
more of the owners or
lessees of property within the area
proposed
to be changed or
affected by the proposed amendment with
the
township zoning
commission. The board of township trustees
may
require that the
owner or lessee of property filing an
application
to amend the
zoning resolution pay a fee
to
defray the
cost of advertising,
mailing, filing with the county
recorder, and
other expenses. If
the board of township trustees requires
such a fee, it
shall be required
generally, for each application.
The board of
township trustees, upon the passage of such a
resolution, shall
certify it to the
township zoning commission.
(2) Upon the adoption of a motion by the township zoning commission,
the certification of
a
resolution by the board of township trustees to the commission, or the filing of an application by property owners or lessees as described in division (A)(1) of this section with the commission, the
commission shall set a date for a public hearing,
which date shall
not be less than twenty nor more than forty days
from the date of
the certification of such a resolution, the date
of adoption of such
a motion, or the date of the filing of such an
application. Notice of
the hearing shall be given by the
commission by
one publication in one or more
newspapers of general circulation
in the township at least ten
days before the date of the hearing.
(B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the township zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from the area proposed to be rezoned or redistricted to the
addresses of those owners appearing on the county auditor's
current
tax list. The failure of delivery of that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing
and
include all of the following:
(1) The name of the township zoning commission that will be
conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and mail;
(7) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the township zoning commission that will be
conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(6) Any other information requested by the
commission.
(E) Within five days after the adoption of the motion described in division (A) of this section,
the
certification of the resolution described in division (A) of this section, or the filing of the
application described in division (A) of this section, the township zoning commission shall transmit a copy
of it together with text and map pertaining
to it
to the
county
or regional planning commission, if there is such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit its
recommendation
to the township zoning commission. The
recommendation shall be
considered at the public hearing held by
the township zoning
commission on the proposed amendment.
The township zoning commission, within thirty days
after the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
of it,
and submit that recommendation together with the motion,
application, or
resolution involved, the text and map pertaining
to
the proposed amendment, and the
recommendation of the county or regional planning
commission
on
it to the board of township trustees.
The board of township trustees, upon receipt of that
recommendation, shall set a time for a public hearing on the proposed
amendment, which date shall not be more than thirty days from the
date of the receipt of that recommendation. Notice of the hearing shall be given
by the board by one publication in one or more newspapers of
general circulation in the township, at least ten days before the
date of the hearing.
(F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and include
all of the following:
(1) The name of the board of township trustees that will be conducting the
hearing;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the board of township trustees that will be conducting the
hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after its public hearing, the board of township trustees
shall either adopt or deny the recommendations of the township zoning
commission or adopt some modification
of them.
If the
board
denies or modifies the commission's recommendations, the unanimous a two-thirds vote of the board shall
be
required.
The proposed amendment, if adopted by the board, shall become effective
in
thirty days after the date of its adoption, unless, within
thirty
days after the adoption, there is
presented to
the
board of township trustees a petition, signed by
a number of
registered electors residing in the unincorporated
area of the
township or part
of that unincorporated area included in
the
zoning plan
equal to not
less than eight per cent of the total
vote cast for
all candidates
for governor in that area at the most
recent
general election at
which a governor was elected,
requesting the
board of township
trustees to submit the amendment
to the
electors of that area for
approval or rejection at a
special
election to be held on the day
of the next primary or
general
election that occurs at least seventy-five days after the petition is filed. Each part of this
petition shall contain the
number
and the full and correct title,
if any, of the zoning
amendment
resolution, motion, or
application, furnishing the name
by which
the amendment is known
and a brief summary of its
contents. In
addition to meeting the
requirements of this
section, each
petition shall be governed by
the rules specified in
section
3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM
(if the proposal is identified by a particular name or number, or
both, these should be inserted here) .......................
A proposal to amend the zoning map of the unincorporated
area
of ............. Township, ................. County, Ohio,
adopted
.....(date)..... (followed by brief summary of the
proposal).
To the Board of Township Trustees of .....................
Township, ................. County, Ohio:
...................... County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ....................... Township, included
within the ............. Township Zoning Plan, equal to not less
than eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of Township Trustees to
submit this amendment of the zoning resolution to the electors of
........................ Township residing within the
unincorporated area of the township included in the
.................. Township Zoning Resolution, for approval or
rejection at a special election to be held on the day of the
primary or general election to be held on .....(date).....,
pursuant to section 519.12 of the Revised Code.
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Street Address |
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Date of |
Signature |
or R.F.D. |
Township |
Precinct |
County |
Signing |
..............................................................
..............................................................
STATEMENT OF CIRCULATOR
I, .............(name of circulator).........., declare
under
penalty of election falsification that
I am an
elector
of the
state of Ohio and
reside at the address appearing
below
my
signature; that
I am the circulator of
the
foregoing part
petition containing .......(number).......
signatures; that
I
have witnessed the affixing of every
signature; that all
signers
were
to the best of
my knowledge
and belief qualified to sign;
and
that every signature is to the
best of
my knowledge and
belief
the signature of the person
whose signature it purports to
be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code.
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(Signature of circulator) |
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................................ |
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(Address of circulator's permanent |
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residence in this state) |
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................................ |
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(City, village, or township,
|
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and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The petition shall be filed with the board of township trustees and shall be accompanied by an appropriate
map of the area affected by the zoning proposal. Within two weeks after receiving a petition filed under this section, the board
of
township trustees shall certify the petition
to the board of elections. A
petition filed under this section shall be certified to the board of elections not
less
than seventy-five days prior to the election at which the
question
is to be voted upon.
The board of elections shall determine the sufficiency and validity of each petition certified to it by a board of township trustees under this section. If the board of elections determines that a petition is sufficient and valid, the question shall be voted upon at a special election to be held on the day of the next primary or general election that occurs at least seventy-five days after the date the petition is filed with the board of township trustees, regardless of whether any election will be held to nominate or elect candidates on that day.
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of township trustees shall file the text and maps
of the
amendment in the office of the county recorder and with
the
county or regional planning commission, if one exists.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 711.001. As used in
this chapter:
(A)
"Plat" means a map of a tract or parcel of land.
(B)
"Subdivision" means
either of the following:
(1) The division of any parcel of land shown as a unit or
as
contiguous units on the last preceding
general tax
list and
duplicate of real and public utility property, into two or
more
parcels, sites, or lots, any one of which is less than
five acres for the purpose, whether immediate or future, of transfer
of
ownership, provided, however, that the following are exempt:
(a) A division or partition
of
land into parcels of more than
five acres not
involving any
new streets or easements of access;
(b) The sale or exchange of
parcels between adjoining lot owners, where
that sale or
exchange
does not create additional building sites;
(c) If the planning authority adopts a rule in accordance with section 711.133 of the Revised Code that exempts from division (B)(1) of this section any parcel of land that is four acres or more, parcels in the size range delineated in that rule.
(2) The improvement of one or more parcels of land for
residential, commercial, or industrial structures or groups of
structures involving the division or allocation of land for the
opening, widening, or extension of any
public or private street or
streets, except
private streets serving industrial structures,
or
involving the
division or
allocation of land as open spaces for
common use by
owners,
occupants, or
leaseholders or
as easements
for the extension and
maintenance of public
or
private sewer, water, storm
drainage, or other
similar
facilities.
(C) "Household sewage treatment system" has the same meaning as in section 3709.091 of the Revised Code.
Sec. 711.05. (A) Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify on it the date of
the
submission. Within five days of submission of the plat, the
board shall schedule a meeting to consider the plat and send a
written notice by regular mail to
the fiscal officer of the board of township trustees of the township in
which the plat is located and the board of health of the health district in which the plat is located. The notice shall inform the trustees
and the board of health of the submission of the plat and of the date, time, and location
of any meeting at which the board of county commissioners will
consider or act upon the proposed plat. The meeting shall take
place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county
commissioners. The approval of the board required by section
711.041 of the Revised Code or the refusal to approve shall take
place within thirty days from the date of submission or such
further time as the applying party may agree to in writing;
otherwise, the plat is deemed approved and may be recorded as if
bearing such approval.
(B) The board may adopt general rules
governing plats and subdivisions of land falling within its
jurisdiction, to secure and provide for the coordination of the
streets within the subdivision with existing streets and roads or
with existing county highways, for the proper amount of open
spaces for traffic, circulation, and utilities, and for the
avoidance of future congestion of population detrimental to the
public health, safety, or welfare, but shall not impose a greater
minimum lot area than forty-eight hundred square feet.
Before the board may amend or
adopt rules, it shall notify all the townships in the county of
the proposed amendments or rules by regular mail at least thirty
days before the public meeting at which the proposed amendments
or rules are to be considered.
The rules
may require the board of health to review and comment
on a plat before the board of county commissioners acts upon it
and may also require proof of compliance with any applicable
zoning resolutions, and with rules governing household sewage treatment rules adopted under section 3718.02 of the Revised Code systems, as a
basis for approval of a plat. Where under
section 711.101 of the Revised Code the board of county
commissioners has set up standards and specifications for the
construction of streets, utilities, and other improvements for
common use, the general rules may require the submission of
appropriate plans and specifications for approval. The board
shall not require the person submitting the plat to alter the
plat or any part of it as a condition for approval, as long as
the plat is in accordance with general rules governing plats and
subdivisions of land, adopted by the board as provided in this
section, in effect at the time the plat was submitted and the
plat is in accordance with any standards and specifications set
up under section 711.101 of the Revised Code, in effect at the
time the plat was submitted.
(C) The ground of
refusal to approve
any plat, submitted in accordance with section 711.041 of the
Revised Code, shall be stated upon the record of the board, and,
within sixty days thereafter, the person submitting any plat
that the board refuses to approve may file a petition in
the
court of common pleas of the county in which the land described
in the plat is situated to review the action of the board.
A
board of township trustees is not entitled to appeal a decision
of the board of county commissioners under this section.
Sec. 711.10. (A) Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, no plat of a
subdivision of
land within the county or region, other than land
within a
municipal corporation or land within three miles of a
city or one
and one-half miles of a village as provided in
section 711.09 of
the Revised Code, shall be recorded until it is
approved by the
county or regional planning commission
under division (C) of this
section and the
approval is endorsed in writing on the plat.
(B)
A county or regional planning commission may require the
submission of a preliminary plan for each plat sought to be
recorded. If the
commission requires this submission, it shall
provide for a review process
for the preliminary plan. Under this
review process, the planning commission
shall give its approval,
its approval with conditions, or its disapproval of
each
preliminary plan. The commission's decision shall be in writing,
shall
be under the signature of the secretary of the commission,
and shall be issued
within thirty-five business days after the
submission of the preliminary plan to
the
commission. The
disapproval of a preliminary plan shall state the reasons for
the
disapproval. A decision of the commission under this division is
preliminary to and separate from the commission's decision to
approve,
conditionally approve, or refuse to approve a plat under
division (C)
of this section.
(C) Within five calendar days
after
the submission of a plat for
approval
under this division, the county or regional
planning
commission shall schedule a meeting to consider the plat
and send
a notice by regular mail or by electronic mail
to the fiscal officer of the
board of
township trustees of the
township in which the plat is
located and the board of health of the health district in which the plat is located. The notice
shall
inform the trustees and the board of health of the submission
of the plat and of
the date, time, and location of any meeting at
which the county
or regional planning commission will consider or
act upon the
plat. The meeting shall take place within
thirty
calendar days
after submission of the plat, and no
meeting shall be held
until at
least seven calendar days have passed from
the date the
planning commission sent the notice.
The approval of the
county or regional planning commission,
the commission's conditional approval as described in this
division,
or the refusal
of the commission to approve shall be
endorsed on the plat within
thirty
calendar days after
the submission of the plat for approval
under this division or
within such further time as the applying party may agree to in
writing; otherwise that plat is deemed approved, and the
certificate of the
commission as to the date of the
submission of the plat for approval
under this division and the
failure to take
action on it within that time shall
be sufficient
in lieu of
the written endorsement or evidence of approval
required by this
division.
A county or regional planning commission
may grant conditional approval under this division to a plat by
requiring a person submitting the plat to alter the plat or any
part of it, within a specified period after the end of the thirty
calendar days, as a condition for
final approval
under
this division.
Once all the conditions have
been met within the specified period, the
commission shall cause
its final approval under this division to be endorsed
on the plat.
No
plat shall be recorded until it is endorsed with the
commission's final or
unconditional approval under this division.
The
ground of refusal of approval of any plat submitted
under
this division, including
citation of or reference to the rule
violated by the plat, shall
be stated upon the record of the
county or regional planning commission. Within sixty calendar days
after
the refusal
under this division, the person submitting any plat
that the
commission refuses to approve
under this
division may
file a petition in the court of common pleas of the
proper county,
and the proceedings on the petition shall be
governed by
section 711.09
of the Revised Code as in the case of
the refusal of a planning
authority to approve a plat. A board of
township trustees is not
entitled to appeal a decision of the
commission under this
division.
A county or regional planning commission shall adopt
general
rules, of uniform application, governing plats and
subdivisions of
land falling within its jurisdiction, to secure
and provide for
the proper arrangement of streets or other
highways in relation to
existing or planned streets or highways
or to the county or
regional plan, for adequate and convenient
open spaces for
traffic, utilities, access of
firefighting
apparatus, recreation,
light, and air, and for the avoidance of
congestion of population.
The rules may provide for their
modification by the
commission in specific cases where unusual
topographical and
other exceptional conditions require the
modification. The
rules may require the board of
health to review and
comment on a plat before the
commission acts upon it and
also may
require proof of compliance
with any applicable zoning resolutions, and with rules governing household sewage treatment rules adopted under section 3718.02 of the Revised Code systems,
as a basis for approval of a
plat.
Before adoption of its rules or amendment of its
rules,
the
commission shall hold a public
hearing
on the
adoption or amendment. Notice of the public
hearing shall be
sent to all townships in the county or region by
regular mail or electronic
mail at least thirty business days before the
hearing. No
county or regional planning commission shall adopt
any rules
requiring actual construction of streets or other
improvements or
facilities or assurance of that construction as a
condition
precedent to the approval of a plat of a subdivision
unless
the requirements have first been adopted by the board of
county
commissioners after a public hearing.
A copy of the rules
shall be certified by the planning commission to the county
recorders
of the appropriate counties.
After a county or regional street
or highway plan has been
adopted as provided in this section, the
approval of plats and
subdivisions provided for in this section
shall be in lieu of any
approvals provided for in other sections
of the Revised Code,
insofar as the territory within the approving
jurisdiction of
the county or regional planning commission, as
provided in this
section, is concerned. Approval of a plat shall
not be an
acceptance by the public of the dedication of any
street, highway,
or other way or open space shown upon the plat.
No county or regional planning commission shall require a person submitting a plat to alter the plat or any part of it as long as the plat is in accordance with the general rules governing plats and subdivisions of land, adopted by the commission as provided in this section, in effect at the time the plat is submitted.
A county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission.
(D) As used in this section, "business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
Sec. 711.131. (A) Notwithstanding
sections
711.001 to 711.13 of
the Revised Code and except as provided in division (C) of this section, unless the rules adopted under section 711.05, 711.09, or 711.10 of the Revised Code are amended pursuant to division (B) of this section, a proposed
division of a parcel of land along an
existing public street, not
involving the opening, widening, or
extension of any street or
road, and involving no more than five
lots after the original
tract has been completely subdivided, may
be submitted to the planning
authority having approving jurisdiction of
plats under
section 711.05, 711.09, or 711.10 of the Revised
Code
for approval without plat. If
the authority acting
through
a
properly designated representative
finds
that
a
proposed division is not contrary to applicable
platting,
subdividing,
zoning, health, sanitary,
or access management
regulations, regulations adopted under division (B)(3) of section 307.37 of the Revised Code regarding existing surface or subsurface drainage, or household sewage treatment rules adopted under section 3718.02 of the Revised Code, including, but not limited to, rules governing household sewage disposal treatment systems, it shall
approve
the proposed
division within seven business days after its submission and, on
presentation of a
conveyance of
the parcel,
shall stamp the
conveyance
"approved by (planning authority); no
plat required" and have it
signed by its clerk, secretary, or
other official as may be
designated by it.
The planning authority
may require the
submission of a sketch and
other information
that
is
pertinent
to its determination
under this division.
(B)
For a period of up to two years after the effective date
of
this amendment April 15, 2005, the rules adopted under section 711.05, 711.09,
or 711.10 of the Revised Code
may be amended within that
period to authorize the planning authority
involved to approve
proposed divisions of parcels of land without plat under
this
division. If an authority so amends its rules, it may approve no
more
than five lots without a plat from an original tract as that original tract
exists on the
effective date of the amendment to the rules. The
authority shall make the
findings and approve a proposed division
in the time and manner specified in
division (A) of this section.
(C) This section does not apply to parcels subject to section 711.133 of the Revised Code.
(D)
As used in this section:
(1),
"Business business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
(2) "Household sewage disposal system" has the same meaning
as in section
3709.091 of the Revised Code.
Sec. 718.051. (A) As used in this section, "Ohio business gateway" means the online computer network system, initially created maintained by the department of administrative services office of information technology under section 125.30 126.18 of the Revised Code, that allows private businesses to electronically file business reply forms with state agencies and includes any successor electronic filing and payment system.
(B) Notwithstanding section 718.05 of the Revised Code, on and after January 1, 2005, any taxpayer that is subject to any municipal corporation's tax on the net profit from a business or profession and has received an extension to file the federal income tax return shall not be required to notify the municipal corporation of the federal extension and shall not be required to file any municipal income tax return until the last day of the month to which the due date for filing the federal return has been extended, provided that, on or before the date for filing the municipal income tax return, the person notifies the tax commissioner of the federal extension through the Ohio business gateway. An extension of time to file is not an extension of the time to pay any tax due.
(C) For taxable years beginning on or after January 1, 2005, a taxpayer subject to any municipal corporation's tax on the net profit from a business or profession may file any municipal income tax return or estimated municipal income return, and may make payment of amounts shown to be due on such returns, by using the Ohio business gateway.
(D)(1) As used in this division, "qualifying wages" has the same meaning as in section 718.03 of the Revised Code.
(2) Any employer may report the amount of municipal income tax withheld from qualifying wages paid on or after January 1, 2007, and may make remittance of such amounts, by using the Ohio business gateway.
(E) Nothing in this section affects the due dates for filing employer withholding tax returns.
(F) No municipal corporation shall be required to pay any fee or charge for the operation or maintenance of the Ohio business gateway.
(G) The use of the Ohio business gateway by municipal corporations, taxpayers, or other persons pursuant to this section does not affect the legal rights of municipalities or taxpayers as otherwise permitted by law. This state shall not be a party to the administration of municipal income taxes or to an appeal of a municipal income tax matter, except as otherwise specifically provided by law.
(H)(1) The tax commissioner shall adopt rules establishing:
(a) The format of documents to be used by taxpayers to file returns and make payments through the Ohio business gateway; and
(b) The information taxpayers must submit when filing municipal income tax returns through the Ohio business gateway.
(2) The commissioner shall consult with the Ohio business gateway steering committee before adopting the rules described in division (H)(1) of this section.
(I) Nothing in this section shall be construed as limiting or removing the ability of any municipal corporation to administer, audit, and enforce the provisions of its municipal income tax.
Sec. 718.13. (A) Any information gained as a result of
returns, investigations, hearings, or verifications required or
authorized by this chapter or by a charter or ordinance of a
municipal corporation levying an income tax pursuant to this
chapter is confidential, and no person shall disclose such
information except in accordance with a proper judicial order or
in connection with the performance of that person's official
duties or the official business of the municipal corporation as
authorized by this chapter or the charter or ordinance
authorizing the levy. The tax administrator of the municipal
corporation may furnish copies of returns filed under this
chapter to the internal revenue service and to the tax
commissioner.
(B) This section does not prohibit the legislative authority of a municipal corporation, by ordinance or resolution, from authorizing the tax administrator to publish statistics in a form that does not disclose information with respect to particular taxpayers.
Sec. 901.171. The department of agriculture may promote the use of
Ohio-produced agricultural goods, including natural spring water, through the issuance of logotypes to
qualified producers and processors under a promotional certification program
to be developed and administered by the division of markets.
Pursuant to rules adopted under Chapter 119. of the Revised Code, the
department may establish reasonable fees and criteria for participation in the
program. All such fees shall be credited to the general revenue fund and used
to finance the program.
Sec. 901.261. The director of agriculture, in conducting investigations, inquiries, or hearings, may assess the party to an action that is brought before the department of agriculture pursuant to Chapter 119. of the Revised Code the actual costs incurred by the department for depositions, investigations, issuance and service of subpoenas, witness fees, employment of a stenographer and hearing officer, and the production of books, accounts, papers, records, documents, and testimony if the applicable hearing officer determines that the party to the action has failed to comply with any chapter of the Revised Code or any rule adopted under any of those chapters that is administered by the director or if the hearing officer determines that the action was frivolous conduct by the party. Assessment of costs under this section may be appealed to a court of competent jurisdiction.
Nothing in this section shall be construed to apply to investigations, inquiries, or hearings conducted under Chapter 4741. of the Revised Code.
Sec. 1306.20. (A) Subject to section 1306.11 of the Revised Code, each state
agency shall determine if, and the
extent to which, it will send and receive electronic records and electronic
signatures to and from other persons and otherwise create, generate,
communicate, store, process, use, and rely
upon electronic records and electronic signatures.
(B)(1) Subject to division (B)(2) of this section, a
state agency may waive a requirement in the Revised Code,
other than a requirement in sections 1306.01
to 1306.15 of the Revised Code, that relates to any of the following:
(a) The method of posting or displaying records;
(b) The manner of sending, communicating, or transmitting
records;
(c) The manner of formatting records.
(2) A state agency may exercise its authority to waive a
requirement under division (B)(1) of this section only if the
following apply:
(a) The requirement relates to a matter over which the state
agency has jurisdiction;
(b) The waiver is consistent with criteria set forth in rules
adopted by the state agency. The criteria, to the extent reasonable under the circumstances, shall
contain standards to facilitate the use of electronic commerce by
persons under the jurisdiction of the state agency consistent with
rules adopted by the department of administrative services office of information technology
pursuant to division (A) of section 1306.21 of the Revised Code.
(C) If a state agency creates, uses, receives, or retains
electronic records, both of the following apply:
(1) Any rules adopted by a state agency relating to electronic records
shall be consistent with rules adopted by the department of
administrative services office of information technology pursuant to division (A) of section 1306.21
of the Revised Code.
(2) Each state agency shall create, use, receive, and retain electronic
records in accordance with section 149.40 of the Revised
Code.
(D) If a state agency creates, uses, or receives electronic
signatures, the state agency shall create, use, or receive the signatures
in accordance with rules adopted by the department of administrative services office of information technology
pursuant to division (A) of section 1306.21 of the
Revised Code.
(E)(1) To the extent a state agency retains an electronic record,
the state agency may retain a record in a format that is different from the
format in which the record was originally created, used, sent, or received
only if it can be demonstrated that the alternative format used accurately
and completely reflects the record as it was originally created, used, sent,
or received.
(2) If a state agency in retaining any set of electronic records pursuant
to division (E)(1) of this section alters the format of the records,
the state agency shall create a certificate of authenticity for each set of
records that is altered.
(3) The department of administrative services office of information technology, in consultation with the
state archivist, shall adopt rules in accordance with section 111.15 of the
Revised Code that establish the methods for creating
certificates of authenticity pursuant to division (E)(2) of this
section.
(F) Whenever any rule of law requires or authorizes the filing of
any information, notice, lien, or other document or record with any state
agency, a filing made by an electronic record shall have the same force and
effect as a filing made on paper in all cases where the state agency has
authorized or agreed to such electronic filing and the filing is made in
accordance with applicable rules or agreement.
(G) Nothing in sections 1306.01 to 1306.23 of the
Revised Code shall be construed to require any state agency
to use or permit the use of electronic records and electronic signatures.
(H)(1) Notwithstanding division (C)(1) or (D)
of this section, any state agency that, prior to the effective date of this
section September 14, 2000, used or permitted the
use of electronic records or electronic
signatures pursuant to laws enacted, rules adopted, or agency policies adopted
before the effective date of this section September
14, 2000, may use or permit the use of
electronic records or electronic signatures pursuant to those previously
enacted laws, adopted rules, or adopted policies for a period of two years
after the effective date of this section September
14, 2000.
(2) Subject to division (H)(3) of this section, after the
two-year period described in division (H)(1) of this section has
concluded, all state agencies that use or permit the use of electronic records
or electronic signatures before the effective date of this section
September 14, 2000, shall only
use or permit the use of electronic records or electronic signatures
consistent with rules adopted by the department of administrative
services office of information technology pursuant to division (A) of section 1306.21 of the
Revised Code.
(3) After the two-year period described in division (H)(1) of
this section has concluded, the department of administrative services office of information technology
may permit a state agency to use
electronic records or electronic signatures that do not comply with
division (H)(2) of this section, if the state agency files a written
request with the department office of information technology.
(I) For the purposes of this section, "state agency"
means every organized body, office, or agency
established by the laws of the state for the exercise of any function of state
government, but
does not include the general assembly, any legislative agency, the supreme
court, the other courts of record in this state, or any judicial agency.
Sec. 1306.21. (A) With regard to state agency use of electronic records or
electronic signatures,
the department of administrative services office of information technology, in
consultation with the state archivist, shall adopt rules in accordance with
section 111.15 of the Revised Code setting forth
all of the following:
(1) The minimum requirements for the method of creation,
maintenance, and security of electronic records and electronic
signatures;
(2) If electronic records must be signed by electronic means, all of the
following:
(a) The type of electronic signature required;
(b) The manner and format in which the electronic signature must
be affixed to the electronic record;
(c) The identity of, or criteria that must be met by, any third
party used by the person filing a document to facilitate the process.
(3) Control processes and procedures as appropriate to ensure adequate
preservation, disposition, integrity, security, confidentiality, and
auditability of electronic records;
(4) Any other required attributes for electronic records that are
specified
for corresponding nonelectronic records or are reasonably necessary under the
circumstances.
(B)(1) The department of administrative services office of information technology may adopt
rules in
accordance with section 111.15 of the Revised Code to ensure
consistency and interoperability among state agencies with regard to
electronic transactions, electronic signatures, and security
procedures.
(2) If the department of administrative services office of information technology adopts rules
pursuant to division (B)(1) of this section, the department shall
consider consistency in applications and interoperability with governmental
agencies of this state,
agencies of other states, the federal government, and nongovernmental persons
to the extent
practicable when adopting rules pursuant to that division.
(C) With regard to electronic transactions, electronic
signatures, and security procedures, the department of
administrative services office of information technology may publish recommendations for governmental
agencies and nongovernmental persons to promote consistency and
interoperability among nongovernmental persons, agencies of this
state and other states, and the federal government.
(D) For purposes of this section, "state agency" has the same
meaning as in section 1306.20 of the Revised Code.
Sec. 1347.06. The director of administrative services office of information technology shall adopt, amend, and
rescind rules pursuant to Chapter 119. of the Revised Code for the purposes of
administering and enforcing the provisions of this chapter that pertain to
state agencies.
A state or local agency that, or an officer or employee of a state or local
agency who, complies in good faith with a rule applicable to the agency is not
subject to criminal prosecution or civil liability under this chapter.
Sec. 1503.05. (A) The chief of the division of forestry may
sell timber and other forest products from the state forest and state
forest nurseries whenever the chief considers such a sale desirable and,
with the approval of the attorney general and the director of natural
resources, may sell portions of the state forest lands when such
a sale is advantageous to the state.
(B) Except as otherwise provided in this section, a timber sale
agreement shall not be executed unless the person or governmental
entity bidding on the sale executes and files a surety bond
conditioned on completion of the timber sale in accordance with
the terms of the agreement in an amount equal to twenty-five per
cent of the highest value cutting section. All bonds shall be
given in a form prescribed by the chief and shall run to the
state as obligee.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by the attorney in fact thereof, with a
certified copy of the
power of attorney attached. The chief shall not approve the bond
unless there is attached a certificate of the superintendent of
insurance that the company is authorized to transact a fidelity
and surety business in this state.
In lieu of a bond, the bidder may deposit any of the
following:
(1) Cash in an amount equal to the amount of the bond;
(2) United States government securities having a par value
equal to or greater than the amount of the bond;
(3) Negotiable certificates of deposit or irrevocable
letters of credit issued by any bank organized or transacting
business in this state having a par value equal to or greater
than the amount of the bond.
The cash or securities shall be deposited on the same terms
as bonds. If one or more certificates of deposit are deposited
in lieu of a bond, the chief shall require the bank that issued
any of the certificates to pledge securities of the aggregate
market value equal to the amount of the certificate or
certificates that is in excess of the amount insured by the
federal deposit insurance corporation. The securities to be
pledged shall be those designated as eligible under section
135.18 of the Revised Code. The securities shall be security for
the repayment of the certificate or certificates of deposit.
Immediately upon a deposit of cash, securities,
certificates of deposit, or letters of credit, the chief shall
deliver them to the treasurer of state, who shall hold them in
trust for the purposes for which they have been deposited. The
treasurer of state is responsible for the safekeeping of the
deposits. A bidder making a deposit of cash, securities,
certificates of deposit, or letters of credit may withdraw and
receive from the treasurer of state, on the written order of the
chief, all or any portion of the cash, securities, certificates
of deposit, or letters of credit upon depositing with the
treasurer of state cash, other United States government
securities, or other negotiable certificates of deposit or
irrevocable letters of credit issued by any bank organized or
transacting business in this state, equal in par value to the par
value of the cash, securities, certificates of deposit, or
letters of credit withdrawn.
A bidder may demand and receive from the treasurer of state
all interest or other income from any such securities or
certificates as it becomes due. If securities so deposited with
and in the possession of the treasurer of state mature or are
called for payment by their issuer, the
treasurer of state,
at the request of the bidder who deposited them, shall convert
the proceeds of the redemption or payment of the securities into
other United States government securities, negotiable
certificates of deposit, or cash as the bidder designates.
When the chief finds that a person or governmental agency
has failed to comply with the conditions of the person's or
governmental agency's bond, the chief shall
make a finding of that fact and declare the bond, cash,
securities, certificates, or letters of credit forfeited. The
chief thereupon shall certify the total forfeiture to the
attorney general, who shall proceed to collect the amount of the
bond, cash, securities, certificates, or letters of credit.
In lieu of total forfeiture, the surety, at its option, may
cause the timber sale to be completed or pay to the treasurer of
state the cost thereof.
All moneys collected as a result of forfeitures of bonds,
cash, securities, certificates, and letters of credit under this
section shall be credited to the state forest fund created in
this section.
(C) The chief may grant easements and leases on portions of the
state forest lands and state forest nurseries under terms
that are advantageous to the
state, and the chief may grant mineral rights on a royalty
basis on those lands and nurseries, with
the approval of the attorney general and the director.
(D) All moneys received from the sale of state forest lands, or
in payment for easements or leases on or as rents from
those
lands or from state forest nurseries, shall be paid into the state
treasury to the credit of the
state forest fund, which is hereby created. In addition, all moneys received
from federal grants, payments, and reimbursements, from the sale of reforestation tree stock, from the sale of forest products, other than
standing timber, and from the sale of minerals taken from the state forest lands and state
forest nurseries,
together with royalties from mineral rights, shall be paid into
the state treasury to the credit of the state forest fund. Any other revenues derived from the operation of the state forests and related facilities or equipment also shall be paid into the state treasury to the credit of the state forest fund, as shall contributions received for the issuance of Smokey Bear license plates under section 4503.574 of the Revised Code and any other moneys required by law to be deposited in the fund.
The state forest fund shall not be expended for any purpose other than the administration, operation, maintenance, development, or utilization of the state forests, forest nurseries, and forest programs, for facilities or equipment incident to them, or for the further purchase of lands for state forest or forest nursery purposes and, in the case of contributions received pursuant to section 4503.574 of the Revised Code, for fire prevention purposes.
All moneys received from the sale of standing timber taken from state forest lands and state forest nurseries shall be deposited into the state treasury to the credit of the forestry holding account redistribution fund, which is hereby created. The moneys shall remain in the fund until they are redistributed in accordance with this division.
The redistribution shall occur at least once each year. To begin the redistribution, the chief first shall determine the
amount of all standing timber sold from state forest lands and state forest
nurseries, together with the amount of the total sale proceeds, in
each county, in each township within the county, and in each school district
within the county. The chief next shall determine the amount of the direct costs that the division of forestry incurred in association with the sale of that standing timber. The amount of the direct costs shall be subtracted from the amount of the total sale proceeds and shall be transferred from the forestry holding account redistribution fund to the state forest fund.
The remaining amount of the total sale proceeds equals the net value of the standing timber that was sold. The chief shall determine the net value of standing timber sold from state forest lands and state forest nurseries in each county, in each township within the county, and in each school district within the county and shall send to each county treasurer a copy of the determination at the time that moneys are paid to the county treasurer under this division.
Twenty-five per cent of the net value of standing timber sold from state forest lands and state forest nurseries located in a county shall be transferred from the forestry holding account redistribution fund to the state forest fund. Ten per cent of that net value shall be transferred from the forestry holding account redistribution fund to the general revenue fund. The remaining sixty-five per cent of the net value shall be transferred from the forestry holding account redistribution fund and paid to the county treasurer for the use of the general fund of that county.
The county
auditor shall do all
of the following:
(1) Retain for the use of the general fund of the county one-fourth of the
amount received by the county under division (D) of this section;
(2) Pay into the
general fund of any township located within the county and
containing such lands and nurseries one-fourth of the amount received
by the
county from standing timber sold from lands and
nurseries
located in the township;
(3) Request the board of education of any school district located within
the county and containing such lands and nurseries to identify which
fund or funds of the
district should receive the moneys available to the school district under
division (D)(3) of this section. After receiving notice from the
board, the county auditor shall pay into the fund or funds so identified
one-half of the amount received by the county from standing timber sold from lands and nurseries located in the school district,
distributed
proportionately as identified by the board.
The division of forestry shall not
supply logs, lumber, or other forest products or minerals, taken
from the state forest lands or state forest nurseries, to any other
agency or subdivision
of the state unless payment is made therefor in the amount of the
actual prevailing value thereof. This section is applicable to
the moneys so received.
Sec. 1504.02. (A) The division of real estate and land
management shall do all of the following:
(1) Except as otherwise provided in the Revised Code,
coordinate and conduct all real estate functions for the
department of natural resources, including at least acquisitions
by purchase, lease, gift, devise, bequest, appropriation, or
otherwise; grants through sales, leases, exchanges, easements,
and licenses; inventories of land; and other related general
management duties;
(2) Assist the department and its divisions by providing
department-wide planning, including at least master planning,
comprehensive planning, capital improvements planning, and
special purpose planning such as trails coordination and planning
under section 1519.03 of the Revised Code;
(3) On behalf of the director of natural resources,
administer the coastal management program established under
sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised
Code and consult with and provide coordination among state
agencies, political subdivisions, the United States and agencies
of it, and interstate, regional, and areawide agencies to assist
the director in executing the director's duties and
responsibilities under
that program and to assist the department as the lead agency for
the development and implementation of the program;
(4) On behalf of the director, administer sections 1506.10
and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;
(5) Cooperate with the United States and agencies of it
and with political subdivisions in administering federal
recreation moneys under the "Land and Water Conservation Fund Act
of 1965," 78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare
and distribute the statewide comprehensive outdoor recreation
plan; and administer the state recreational vehicle fund created
in section 4519.11 of the Revised Code;
(6)(4)(a) Support the geographic information system needs for
the department as requested by the director, which shall include,
but not be limited to, all of the following:
(i) Assisting in the training and education of department
resource managers, administrators, and other staff in the
application and use of geographic information system
technology;
(ii) Providing technical support to the department in the
design, preparation of data, and use of appropriate geographic
information system applications in order to help solve resource
related problems and to improve the effectiveness and efficiency
of department delivered services;
(iii) Creating, maintaining, and documenting spatial
digital data bases for the division and for other divisions as
assigned by the director.
(b) Provide information to and otherwise assist government
officials, planners, and resource managers in understanding land
use planning and resource management;
(c) Provide continuing assistance to local government
officials and others in natural resource digital data base
development and in applying and utilizing the geographic
information system for land use planning, current agricultural
use value assessment, development reviews, coastal management,
and other resource management activities;
(d) Coordinate and administer the remote sensing needs of
the department, including the collection and analysis of aerial
photography, satellite data, and other data pertaining to land,
water, and other resources of the state;
(e) Prepare and publish maps and digital data relating to
the state's land use and land cover over time on a local,
regional, and statewide basis;
(f) Locate and distribute hard copy maps, digital data,
aerial photography, and other resource data and information to
government agencies and the public.
(7)(5) Prepare special studies and execute any other duties,
functions, and responsibilities requested by the director.
(B) The division may do any of the following:
(1) Coordinate such environmental matters concerning the
department and the state as are necessary to comply with the
"National Environmental Policy Act of 1969," 83 Stat. 852, 42
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251,
as amended, and regulations adopted under those acts;
(2) With the approval of the director, coordinate and administer compensatory mitigation grant programs and other programs for streams and wetlands as approved in accordance with certifications and permits issued under sections 401 and 404 of the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33 U.S.C.A. 1251, as amended, by the environmental protection agency and the United States army corps of engineers;
(3) Administer any state or federally funded grant program
that is related to natural resources and recreation as considered
necessary by the director.
Sec. 1506.01. As used in this chapter:
(A) "Coastal area" means the waters of Lake Erie, the
islands in the lake, and the lands under and adjacent to the
lake, including transitional areas, wetlands, and beaches. The
coastal area extends in Lake Erie to the international boundary
line between the United States and Canada and landward only to
the extent necessary to include shorelands, the uses of which
have a direct and significant impact on coastal waters as
determined by the director of natural resources.
(B) "Coastal management program" means the comprehensive
action of the state and its political subdivisions cooperatively
to preserve, protect, develop, restore, or enhance the resources
of the coastal area and to ensure wise use of the land and water
resources of the coastal area, giving attention to natural,
cultural, historic, and aesthetic values; agricultural,
recreational, energy, and economic needs; and the national
interest. "Coastal management program" includes the
establishment of objectives, policies, standards, and criteria
concerning, without limitation, protection of air, water,
wildlife, rare and endangered species, wetlands and natural
areas, and other natural resources in the coastal area;
management of coastal development and redevelopment; preservation
and restoration of historic, cultural, and aesthetic coastal
features; and public access to the coastal area for recreation
purposes.
(C) "Coastal management program document" means a
comprehensive statement consisting of, without limitation, text,
maps, and illustrations that is adopted by the director in
accordance with this chapter, describes the objectives, policies,
standards, and criteria of the coastal management program for
guiding public and private uses of lands and waters in the
coastal area, lists the governmental agencies, including, without
limitation, state agencies, involved in implementing the coastal
management program, describes their applicable policies and
programs, and cites the statutes and rules under which they may
adopt and implement those policies and programs.
(D) "Person" means any agency of this state, any political
subdivision of this state or of the United States, and any legal
entity defined as a person under section 1.59 of the Revised
Code.
(E) "Director" means the director of natural resources or
the director's designee.
(F) "Permanent structure" means any residential,
commercial, industrial, institutional, or agricultural building,
any mobile home as defined in division
(O) of section 4501.01 of the
Revised Code, any manufactured home as defined in division (C)(4)
of section 3781.06 of the Revised Code, and any septic system that receives
sewage from a single-family, two-family, or three-family dwelling, but does
not
include any recreational vehicle as defined in section 4501.01 of
the Revised Code.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" as defined in section 111.15 of the Revised
Code.
(H) "Coastal flood hazard area" means any territory within
the coastal area that has been identified as a flood hazard area
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,
42 U.S.C.A. 4002, as amended.
(I) "Coastal erosion area" means any
territory included in
Lake Erie coastal erosion areas
identified by the director under section 1506.06 of the Revised Code.
(J) "Conservancy district" means a conservancy district that is established under Chapter 6101. of the Revised Code.
(K) "Park board" means the board of park commissioners of a park district that is created under Chapter 1545. of the Revised Code.
(L) "Erosion control structure" means a structure that is designed solely and specifically to reduce or control erosion of the shore along or near Lake Erie, including, without limitation, revetments, seawalls, bulkheads, certain breakwaters, and similar structures.
(M) "Shore structure" includes, but is not limited to, beaches; groins; revetments; bulkheads; seawalls; breakwaters; certain dikes designated by the chief of the division of water; piers; docks; jetties; wharves; marinas; boat ramps; any associated fill or debris used as part of the construction of shore structures that may affect shore erosion, wave action, or inundation; and fill or debris that is placed along or near the shore, including bluffs, banks, or beach ridges, for the purpose of stabilizing slopes.
Sec. 1521.20 1506.38. The chief director of the
division of water
natural resources shall act as the erosion agent
of the state for the purpose of cooperating with the secretary
of the army, acting through the chief of engineers of the United
States army corps of engineers in the department of defense. The chief
director shall
cooperate with the secretary in carrying out, and may conduct,
investigations and studies of conditions along the
shorelines of Lake Erie and of the bays and projections
therefrom, and of the islands therein, within the territorial
waters of the state, with a view to devising and perfecting
economical and effective methods and works for preventing,
correcting, and controlling shore erosion and damage
therefrom and
controlling the inundation of improved property by
the waters of Lake Erie, its bays, and associated inlets.
Sec. 1521.21 1506.39. The chief director of the
division of
water natural resources, in the discharge of the
chief's
director's duties under sections
1507.20 1506.38 to 1507.30 1506.48 of the
Revised Code, may call to
the chief's director's assistance, temporarily, any engineers
or other employees in
any state department, or in the Ohio state university or other
educational institutions financed wholly or in part by the state,
for the purpose of devising the most effective and economical
methods of controlling shore erosion
and damage from it and controlling the inundation of improved
property by the waters of Lake Erie and
its bays and associated inlets.
Such engineers and employees shall not receive any
additional compensation over that which they receive from the
departments or institutions by which they are employed, but they shall be
reimbursed for their actual necessary expenses incurred while
working under the direction of the chief director on erosion and
inundation projects.
Sec. 1521.22 1506.40. No person shall construct a beach,
groin, or other structure to control erosion, wave action, or
inundation along or near the
Ohio shoreline of Lake Erie, including related islands, bays, and inlets,
without
first obtaining a
shore structure permit from
the chief of the division director of water. The natural resources.
The application for a shore structure
permit shall include detailed
plans and specifications prepared by a professional engineer registered under
Chapter 4733. of the Revised Code. An applicant shall provide
appropriate
evidence of compliance with any applicable provisions of this chapter
and Chapters 1505. and 1506. 1521. of the Revised Code, as determined by
the chief director. A temporary shore structure permit
may be issued by the chief or an authorized representative of the chief director if it
is determined necessary to safeguard life, health, or property.
Each application or reapplication for a permit under this section shall be
accompanied by a non-refundable fee as
the chief director shall prescribe by rule.
If the application is approved,
the chief director shall issue a permit to the applicant authorizing
construction of
the project. If requested in writing by the applicant
within thirty days of issuance of a notice of disapproval of the
application, the chief director shall conduct an
adjudication hearing under Chapter 119. of the Revised Code,
except sections 119.12 and 119.121 of the Revised Code. After
reviewing the record of the hearing, the chief director shall
issue a final order approving the
application, disapproving it, or approving it conditioned on the making of
specified revisions
in the plans and specifications.
The chief director, by rule, shall limit the period during which a
construction
permit issued under this section is valid and shall establish reapplication
requirements governing a construction permit that expires before construction
is completed.
In accordance with Chapter 119. of the Revised Code, the chief
director shall
adopt, and may amend or rescind, such rules as are necessary for the
administration, implementation, and enforcement of this section.
Sec. 1521.23 1506.41. All moneys derived from the granting of
permits
and leases under section 1505.07 of the Revised Code for the
removal of sand, gravel, stone, gas, oil, and other minerals and substances
from and under the bed of Lake Erie and from applications
for shore structure permits submitted under section
1521.22 1506.40 of
the Revised Code shall be paid into the state treasury to the credit
of the permit and lease fund, which is hereby created. Notwithstanding
any section of the Revised Code relating to the distribution
or crediting of fines for violations of the Revised Code,
all fines imposed under division (A) of
section 1505.99 of the Revised Code and under division (C) of section
1521.99 1506.99 of
the Revised Code shall be paid into that fund. The fund
shall be administered by the department of natural
resources for the protection of Lake Erie shores and
waters; investigation and control of erosion; the
planning,
development, and construction of facilities for recreational
use of Lake Erie; implementation of section 1521.22
1506.40 of the Revised Code; preparation of the state shore erosion plan
under section 1521.29 1506.47 of the Revised Code; and
state administration of Lake Erie coastal erosion areas
under sections 1506.06 and 1506.07 of the Revised Code.
Sec. 1521.24 1506.42. The state, acting through the chief
director of the division of
water natural resources, subject to section
1521.28 1506.46 of the Revised Code, may enter into agreements
with
counties, townships, municipal corporations, park boards, and
conservancy districts, other political subdivisions, or any state
departments or divisions for the purpose of constructing and
maintaining projects to control
erosion
along the Ohio shoreline of Lake Erie and in any rivers and bays that are
connected with Lake Erie and any other watercourses that flow into Lake Erie.
Such
projects also may be constructed on any Lake Erie
island that is situated within the boundaries of the state.
The cost of such shore erosion projects that are for the
benefit of public littoral property shall be prorated on the
basis of two-thirds of the total cost to the state through
appropriations made to the division department of water natural resources and
one-third of the cost to the counties, townships, municipal
corporations, park boards, conservancy districts, or other political
subdivisions.
If a shore erosion emergency is declared by the governor,
the state, acting through the chief director, may spend whatever
state funds are available to alleviate shore erosion, without
participation by any political subdivision, regardless of whether
the project will benefit public or private littoral property.
A board of county commissioners, acting for the county
over which it has jurisdiction, may enter into and carry out
agreements with the chief director for the construction and
maintenance of projects to control
shore
erosion. In providing the funds for the county's proportionate
share of the cost of constructing and maintaining the projects
referred to in this section, the board shall be governed by and
may issue and refund bonds in accordance with Chapter 133. of the
Revised Code.
A municipal corporation or a township, acting through the
legislative authority or the board of township trustees, may
enter into and carry out agreements with the chief director for
the purpose of constructing and maintaining projects to control shore
erosion. In providing the funds
for
the municipal corporation's or township's proportionate share of
the cost of constructing and maintaining the projects referred to
in this section, a municipal corporation or township may issue
and refund bonds in accordance with Chapter 133. of the Revised
Code. The contract shall be executed on behalf of the municipal
corporation or township by the mayor, city manager, or other
chief executive officer who has the authority to act for the
municipal corporation or township.
Conservancy districts may enter into and carry out
agreements with the chief director, in accordance with the intent
of this section, under the powers conferred upon conservancy
districts under Chapter 6101. of the Revised Code.
Park boards may enter into and carry out agreements with
the chief director, in accordance with the intent of this
section, and issue bonds for that purpose under the powers
conferred upon park districts under Chapter 1545. of the Revised Code.
The chief director shall approve and supervise all projects
that are to be constructed in accordance with this section. The
chief director shall not proceed with the construction of any
project until all funds that are to be paid by the county, township,
municipal corporation, park board, or conservancy district, in
accordance with the terms of the agreement entered into between
the chief director and the county, township, municipal corporation,
park board, or conservancy district, are in the chief's
director's possession and
deposited in the shore erosion fund, which is hereby created in
the state treasury. If the chief director finds it to be in the
best interests of the state to construct projects as set forth in
this section by the state itself, without the financial
contribution of counties, townships, municipal corporations, park boards, or
conservancy districts, the chief director may construct the
projects.
In deciding whether to assist a county or municipal
corporation in constructing and maintaining a project under this
section, the state, acting through the chief director, shall
consider, among other factors, whether the county or municipal
corporation has adopted or is in the process of adopting a Lake
Erie coastal erosion area resolution or
ordinance under division
(D) of section 1506.07 of the Revised Code.
All projects constructed by the state in conformity with
sections 1521.20 1506.38 to 1521.28 1506.46 of
the Revised Code shall be
constructed subject to sections 153.01 to 153.20 of the Revised
Code, except that the state architect and engineer is not
required to prepare the plans and specifications for those
projects.
Sec. 1521.25 1506.43. The chief director of the
division of water natural resources may
enter into a contract with any county, township,
municipal corporation, conservancy
district, or park board that has an agreement with the state in
accordance with section 1521.24 1506.42 of the Revised Code
for the construction of a shore erosion project. No contract shall be let
until all money that is to be
paid by the political subdivision entering into the agreement has been
deposited in the shore erosion fund created in that section
1521.24 of the Revised
Code,
and no contract shall be valid until approved by the director of natural
resources.
Sec. 1521.26 1506.44. (A) A board of county
commissioners may use a loan obtained under division
(C) of this section to provide
financial assistance to any person who owns real property in a
coastal erosion area, as defined in section 1506.01 of the
Revised Code, and who has received a
permit under section 1521.22 1506.40 of the
Revised Code to construct an erosion
control structure in that coastal erosion area. The board shall enter into an
agreement with
the person that complies with all of the following
requirements:
(1) The agreement shall identify the person's real property for which the
erosion control structure is being constructed and shall include a legal
description of that property and a reference to the volume and page of the
deed record in which the title of that person to that property is recorded.
(2) In accordance with rules
adopted by the Ohio water
development authority under division
(V) of section 6121.04 of the
Revised
Code for the purposes of
division (C) of this section
and pursuant to an agreement between the board and the authority
under that division, the board shall agree to cause payments to
be made by the authority to the contractor hired by the person
to construct an erosion control structure in amounts not to
exceed the total amount specified in the agreement between the
board and the person.
(3) The person shall agree to pay to the board, or to the authority as the
assignee pursuant to division (C) of this section, the total amount
of the payments plus administrative or other costs of the board or the
authority at times, in installments, and bearing interest as specified in the
agreement.
The agreement may contain additional provisions that the board determines
necessary to safeguard the interests of the county or to comply with an
agreement entered into under division (C) of this section.
(B) Upon entering into an agreement under division
(A) of this section, the board
shall do all of the following:
(1) Cause the agreement to be recorded in the county deed records in
the office of the county recorder of the county in which the
real property is situated. Failure to record the agreement
does not affect the validity of the agreement or the collection
of any amounts due under the agreement.
(2) Establish by resolution an erosion
control repayment fund into which shall be deposited all amounts
collected under division (B)(3)
of this section. Moneys in that fund shall be used by the board
for the repayment of the loan and for administrative or other
costs of the board or the authority as specified in an agreement
entered into under division (C)
of this section. If the amount of money in the fund is inadequate to repay
the loan when due, the board of county commissioners, by resolution, may
advance money from any other fund in order to repay the loan if that use of
the money from the other fund is not in conflict with law.
If the board so advances money in order to repay the loan, the board
subsequently shall reimburse each fund from which the board advances money
with moneys from the erosion control repayment fund.
(3) Bill and collect all amounts when due
under the agreement entered into under division
(A) of this section. The board shall certify amounts
not paid when due to the county auditor, who shall enter the amounts on the
real property tax list and duplicate against the property identified under
division (A)(1) of this section. The amounts not
paid when due shall be a lien on that property from the date on which the
amounts are placed on the tax list and duplicate and shall be collected in the
same manner as other taxes.
(C) A board may apply to the authority for a loan for the purpose
of entering into agreements under division (A) of this section. The
loan shall be for an amount and on the terms established in an agreement
between the board and the authority. The board may assign any agreements
entered into under division (A) of
this section to the authority in order to provide for the repayment of the
loan and may pledge any lawfully available revenues to the repayment of the
loan, provided that no moneys raised by taxation shall be obligated or pledged
by the board for the repayment of the loan. Any agreement with the authority
pursuant to this division is not subject to Chapter 133. of the Revised Code or any
requirements or limitations established in that chapter.
(D) The authority, as
assignee of any agreement pursuant to division
(C) of this section, may
enforce and compel the board and the county auditor by mandamus
pursuant to Chapter 2731. of
the Revised Code to comply with division (B) of
this section in a timely manner.
(E) The construction of an erosion control structure by a
contractor hired by an individual homeowner, group of individual homeowners,
or homeowners association that enters into an agreement with a board under
division (A) of this section is not a public improvement, as defined
in section 4115.03 of the Revised Code, and is not subject to competitive
bidding or public
bond laws.
Sec. 1521.27 1506.45. The state, or any county, township,
municipal corporation,
conservancy district, or park board that has entered into a contract under
section 1521.25 1506.43 of the Revised Code, may acquire lands
by gift or devise,
purchase, or appropriation. In case of appropriation, the proceedings shall
be instituted in the name of the state or the political subdivision and shall
be
conducted in the manner provided for the appropriation of private property by
the state or the political subdivision insofar as those proceedings are
applicable. Either the fee or any lesser interest may be acquired as the
state or the political subdivision considers advisable.
Sec. 1521.28 1506.46. Any action taken by the chief
director of the division of
water natural resources under sections
1521.20 1506.38 to 1521.30 1506.48 of the Revised Code shall
not be deemed in conflict with certain powers and duties conferred upon and
delegated to federal agencies and to municipal corporations under Section 7 of
Article XVIII, Ohio Constitution, or as provided by sections 721.04 to 721.11
of the Revised Code.
Sec. 1521.29 1506.47. The chief director of the
division of water natural resources, in
cooperation with appropriate offices and divisions, including the division of geological survey, may
prepare a plan for
the management of shore erosion in the state along
Lake Erie, its bays, and associated inlets, revise the plan
whenever it can be made more effective, and make the plan available for public
inspection. In the preparation of the plan, the chief
director may employ
such existing plans as are available.
The chief director also may establish a program to
provide technical
assistance on shore erosion control measures to municipal corporations,
counties, townships, conservancy districts, park boards, and shoreline
property
owners.
Sec. 1521.30 1506.48. Upon application of any owner of real
property damaged or
destroyed by shore erosion, the county auditor of the county in which the
real property is situated shall cause a reappraisal to be made and shall
place the property on the tax list at its true value in money.
Whenever the county auditor finds that ninety per cent or more of the
area of any littoral parcel of land appearing upon the tax duplicate has been
eroded and lies within the natural boundaries of Lake Erie and that the
remainder of the parcel, if any, has no taxable value, the
auditor may certify that
finding to the county board of revision. Upon consideration thereof, the
board
may authorize removal of the parcel from the tax duplicate and cancellation
of all current and delinquent taxes, assessments, interest, and penalties
charged against the parcel.
Sec. 1506.99. (A) Whoever violates division (A) of section 1506.09 of the
Revised Code shall be fined not less than one hundred nor more than five
hundred dollars for each offense.
(B) Whoever violates division (K) of section 1506.32 of the Revised Code is
guilty of a misdemeanor of the third degree.
(C) Whoever violates sections 1506.38 to 1506.48 of the Revised Code shall be fined not less than one hundred dollars nor more than five hundred dollars for each offense. Each day of violation constitutes a separate offense.
Sec. 1513.08. (A) After a coal mining and reclamation
permit application has been approved, but before the permit is
issued, the applicant shall file with the chief of
the division of mineral resources
management, on a form prescribed and furnished by
the chief,
the performance security required under this section.
(B) Using the information contained in the permit application; the requirements contained in the approved permit and reclamation plan; and, after considering the topography, geology, hydrology, and revegetation potential of the area of the approved permit, the probable difficulty of reclamation; the chief shall determine the estimated cost of
reclamation under the initial term of the permit if the reclamation has to be performed by the division of mineral resources management in the event of forfeiture of the performance security by the applicant. The chief shall send written notice of the amount of the estimated cost of reclamation by certified mail to the applicant. The applicant shall send written notice to the chief indicating the method by which the applicant will provide the performance security pursuant to division (C) of this section.
(C) The applicant shall provide the performance security in an amount using one of the following:
(1) If the applicant elects to provide performance security without reliance on the reclamation forfeiture fund created in section 1513.18 of the Revised Code, the amount of the estimated cost of reclamation as determined by the chief under division (B) of this section for the increments of land on which the operator will conduct a coal mining and reclamation operation under the initial term of the permit as indicated in the application;
(2) If the applicant elects to provide performance security together with reliance on the reclamation forfeiture fund through payment of the additional tax on the severance of coal that is levied under division (A)(8) of section 5749.02 of the Revised Code, an amount of twenty-five hundred dollars per acre of land on which the operator will conduct coal mining and reclamation under the initial term of the permit as indicated in the application. However, in order for an applicant to be eligible to provide performance security in accordance with division (C)(2) of this section, an the applicant, an owner and controller of the applicant, or an affiliate of the applicant shall have held a permit issued under this chapter for any coal mining and reclamation operation for a period of not less than five years. In the event of forfeiture of performance security that was provided in accordance with division (C)(2) of this section, the difference between the amount of that performance security and the estimated cost of reclamation as determined by the chief under division (B) of this section shall be obtained from money in the reclamation forfeiture fund as needed to complete the reclamation.
The performance security provided under division (C) of this section for the entire area to be mined under one permit issued under this chapter shall not be less than ten thousand dollars.
The performance security shall cover areas of
land affected by mining within or immediately adjacent to the permitted area,
so long as the total number of acres does not exceed the number of acres
for which the performance security is provided. However, the authority for
the performance security to cover areas of land immediately adjacent to the permitted
area does not authorize a permittee to mine areas outside an
approved permit area. As succeeding increments of coal mining
and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the chief
additional performance security to cover the increments in accordance
with this section. If a permittee intends to mine areas outside the approved permit area, the permittee shall provide additional performance security in accordance with this section to cover the areas to be mined.
An applicant shall provide performance security in accordance with division (C)(1) of this section in the full amount of the estimated cost of reclamation as determined by the chief for a permitted coal preparation plant or coal refuse disposal area that is not located within a permitted area of a mine. A permittee shall provide the performance security not later than one year after the effective date of this amendment April 6, 2007, for a permitted coal preparation plant or coal refuse disposal area that is in existence on the effective date of this amendment April 6, 2007, and that is not located within a permitted area of a mine.
(D) A permittee's liability under the performance security shall be limited to the obligations established under the permit, which include completion of the reclamation plan in order to make the land capable of supporting the postmining land use that was approved in the permit. The period of liability under the performance security shall be for the duration of
the coal mining and reclamation operation and for a period
coincident with the operator's responsibility for revegetation
requirements under section 1513.16 of the Revised Code.
(E) The amount of the estimated cost of reclamation determined under division (B) of this section and the amount of a permittee's performance security provided in accordance with division (C)(1) of this section may be adjusted by the chief as the land that is affected by mining increases or decreases or if the cost of reclamation increases or decreases. If the performance security was provided in accordance with division (C)(2) of this section and the chief has issued a cessation order under division (D)(2) of section 1513.02 of the Revised Code for failure to abate a violation of the contemporaneous reclamation requirement under division (A)(15) of section 1513.16 of the Revised Code, the chief may require the permittee to increase the amount of performance security from twenty-five hundred dollars per acre of land to five thousand dollars per acre of land.
The chief shall notify the permittee, each surety, and any person who has a property interest in the performance security and who has requested to be notified of any proposed adjustment to the performance security. The permittee may request an informal conference with the chief concerning the proposed adjustment, and the chief shall provide such an informal conference.
If the chief increases the amount of performance security under this division, the permittee shall provide additional performance security in an amount determined by the chief. If the chief decreases the amount of performance security under this division, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount of reduction to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief.
(F) A permittee may request a reduction in the amount of the performance security by submitting to the chief documentation proving that the amount of the performance security provided by the permittee exceeds the estimated cost of reclamation if the reclamation would have to be performed by the division in the event of forfeiture of the performance security. The chief shall examine the documentation and determine whether the permittee's performance security exceeds the estimated cost of reclamation. If the chief determines that the performance security exceeds that estimated cost, the chief shall determine the amount of the reduction of the performance security and send written notice of the amount to the permittee. The permittee may reduce the amount of the performance security in the amount determined by the chief. Adjustments in the amount of performance security under this division shall not be considered release of performance security and are not subject to section 1513.16 of the Revised Code.
(G) If the performance security is a bond, it
shall be executed by the operator and a corporate surety licensed
to do business in this state. If the performance security is a cash deposit or negotiable certificates of
deposit of a bank or savings and loan association, the bank or savings and loan association shall be licensed and operating in this state. The cash deposit or
market value of the securities shall be equal to or greater than
the amount of the performance security required under this section. The chief shall review any documents pertaining to the performance security and approve or disapprove the documents. The chief shall notify the applicant of the chief's determination.
(H) If the performance security is a bond, the chief may accept the bond of the applicant itself
without separate surety when the applicant demonstrates to the
satisfaction of the chief the existence of a suitable agent to
receive service of process and a history of financial solvency
and continuous operation sufficient for authorization to
self-insure or bond the amount.
(I) Performance security provided under this section may be held in trust, provided that the state is the conditional beneficiary of the trust and the custodian of the performance security held in trust is a bank, trust company, or other financial institution that is licensed and operating in this state. The chief shall review the trust document and approve or disapprove the document. The chief shall notify the applicant of the chief's determination.
(J) If a surety, bank, savings and loan association, trust company, or other financial institution that holds the performance security required under this section becomes insolvent, the permittee shall notify the chief of the insolvency, and the chief shall order the permittee to submit a plan for replacement performance security within thirty days after receipt of notice from the chief. If the permittee provided performance security in accordance with division (C)(1) of this section, the permittee shall provide the replacement performance security within ninety days after receipt of notice from the chief. If the permittee provided performance security in accordance with division (C)(2) of this section, the permittee shall provide the replacement performance security within one year after receipt of notice from the chief, and, for a period of one year after the permittee's receipt of notice from the chief or until the permittee provides the replacement performance security, whichever occurs first, money in the reclamation forfeiture fund shall be the permittee's replacement performance security in an amount not to exceed the estimated cost of reclamation as determined by the chief.
(K) A permittee's responsibility for repairing material damage and replacement of water supply resulting from subsidence may be satisfied by liability insurance required under this chapter in lieu of the permittee's performance security if the liability insurance policy contains terms and conditions that specifically provide coverage for repairing material damage and replacement of water supply resulting from subsidence.
(L) If the performance security provided in accordance with this section exceeds the estimated cost of reclamation, the chief may authorize the amount of the performance security that exceeds the estimated cost of reclamation together with any interest or other earnings on the performance security to be paid to the permittee.
(M) A permittee that held a valid coal mining and reclamation permit immediately prior to April 6, 2007, shall provide, not later than a date established by the chief, performance security in accordance with division (C)(1) or (2) of this section, rather than in accordance with the law as it existed prior to that date, by filing it with the chief on a form that the chief prescribes and furnishes. Accordingly, for purposes of this section, "applicant" is deemed to include such a permittee.
(N) As used in this section:
(1) "Affiliate of the applicant" means an entity that has a parent entity in common with the applicant.
(2) "Owner and controller of the applicant" means a person that has any relationship with the applicant that gives the person authority to determine directly or indirectly the manner in which the applicant conducts coal mining operations.
Sec. 1513.18. (A) All money that becomes the property of
the state under division (G) of section 1513.16
of the
Revised Code shall be deposited in the reclamation forfeiture
fund, which is hereby created in the state treasury. Disbursements from the
fund shall be made by the chief of the
division of mineral resources
management for the purpose of reclaiming areas
of land affected by coal mining under a coal mining and
reclamation permit issued on or after September 1, 1981, on which
an operator has defaulted.
(B) The fund also shall consist of all money from the collection of liens under section 1513.081 of the
Revised
Code, any moneys transferred to
it under section 1513.181 of the
Revised
Code from the coal mining and
reclamation reserve fund created in that section, fines collected under division (E) of section 1513.02 and section 1513.99 of the Revised Code, fines collected for a violation of section 2921.31 of the Revised Code that, prior to July 1, 1996, would have been a violation of division (G) of section 1513.17 of the Revised Code as it existed prior to that date, and moneys
collected and credited to it pursuant to section 5749.02 of the
Revised
Code.
Disbursements from the fund shall be made by
the chief in accordance with division (D) of this section for the purpose of reclaiming areas
that an operator has affected by mining and failed to
reclaim under a coal mining and reclamation permit issued under
this chapter or under a surface mining permit issued under
Chapter 1514. of the
Revised
Code.
The chief may expend moneys from the
fund to pay necessary administrative costs,
including engineering and design services, incurred by the
division of mineral resources management in reclaiming these areas. The chief also may expend moneys from the fund to pay necessary administrative costs of the reclamation forfeiture fund advisory board created in section 1513.182 of the Revised Code as authorized by the board under that section.
Expenditures from the fund to pay such administrative
costs need not be made under contract.
(C) Except when paying necessary administrative costs
authorized by division (B) of this section, expenditures from
the fund shall be made under contracts entered into by
the
chief, with the approval of the director of natural resources, in
accordance with procedures established by the chief, by rules
adopted in accordance with section 1513.02 of the Revised Code.
The chief may reclaim the land in the same manner as set forth in
sections 1513.21 to 1513.24 of the Revised Code. Each contract
awarded by the chief shall be awarded to the lowest responsive
and responsible bidder, in accordance with section 9.312 of the
Revised Code, after sealed bids are received, opened, and
published at the time and place fixed by the chief. The chief
shall publish notice of the time and place at which bids will be
received, opened, and published, at least once and at least ten
days before the date of the opening of the bids, in a newspaper
of general circulation in the county in which the area of land to
be reclaimed under the contract is located. If, after
advertising, no bids are received at the time and
place fixed for receiving them, the chief may advertise again for
bids, or, if the chief considers the public interest will
best be
served, the chief may enter into a contract for the
reclamation of the area of
land without further advertisement for bids. The chief may
reject any or all bids received and again publish notice of the
time and place at which bids for contracts will be received,
opened, and published. The chief, with the approval of the
director, may enter into a contract with the landowner, a coal mine operator
or surface mine operator mining under a current, valid permit issued under
this chapter or Chapter 1514. of the Revised Code, or a contractor
hired by
the surety or trustee, if the performance security is held in trust, to complete reclamation to carry out reclamation on
land affected by coal mining on which an operator has defaulted
without advertising for bids.
(D)(1) The chief shall expend money credited to the reclamation
forfeiture fund from the forfeiture of the performance security applicable to
an area of land to pay for the cost of the reclamation of the land.
(2) If the performance security for the area of land was provided under division (C)(1) of section 1513.08 of the Revised Code, the chief shall use the money from the forfeited performance security to complete the reclamation that the operator failed to do under the operator's applicable coal mining and reclamation permit issued under this chapter.
(3) If the performance security for the area of land was provided under division (C)(2) of section 1513.08 of the Revised Code, the chief shall use the money from the forfeited performance security to complete the reclamation that the operator failed to do under the operator's applicable coal mining and reclamation permit issued under this chapter. If the money credited to the reclamation forfeiture fund from the forfeiture of the performance security provided under division (C)(2) of section 1513.08 of the Revised Code is not sufficient to complete the reclamation, the chief shall notify the reclamation forfeiture fund advisory board of the amount of the insufficiency. The chief may expend money credited to the reclamation forfeiture fund under section 5749.02 of the Revised Code or transferred to the fund under section 1513.181 of the Revised Code to complete the reclamation. The chief shall not expend money from the fund in an amount that exceeds the difference between the amount of the performance security provided under division (C)(2) of section 1513.08 of the Revised Code and the estimated cost of reclamation as determined by the chief under divisions (B) and (E) of that section.
(4) Money from the reclamation forfeiture fund shall not be used for reclamation of land or water resources affected by material damage from subsidence, or mine drainage that requires extended water treatment after reclamation is completed under the terms of the permit, or coal preparation plants or coal refuse disposal areas not located within a permitted area of a mine if performance security for the area of land was provided under division (C)(2) of section 1513.08 of the Revised Code. In addition, money from the reclamation forfeiture fund shall not be used to supplement the performance security of an applicant or permittee that has provided performance security in accordance with division (C)(1) of section 1513.08 of the Revised Code.
(E) The chief shall keep a detailed accounting of the
expenditures from the reclamation forfeiture fund
to complete reclamation of the land and, upon completion of the
reclamation, shall certify the expenditures to the attorney
general. Upon the chief's certification of the expenditures from
the reclamation forfeiture fund, the attorney general
shall bring an action for that amount of money. The operator is
liable for that expense in addition to any other
liabilities
imposed by law. Moneys so recovered shall be credited to the
reclamation forfeiture fund. The chief shall not postpone
the
reclamation because of any action brought by the attorney general
under this division. Prior to completing reclamation, the chief
may collect through the attorney general any additional amount
that the chief believes will be necessary for reclamation in
excess of the forfeited performance security amount applicable to the land that
the operator should have, but failed to, reclaim.
(F) Except as otherwise provided in division (H) of this section, if any part of the moneys in the reclamation
forfeiture
fund remains in the fund after the chief has caused the area of
land to be reclaimed and has paid all the reclamation costs and
expenses, the chief may expend those moneys to complete other
reclamation work performed under this section on forfeiture areas
affected under a coal mining and reclamation permit issued on or
after September 1, 1981.
(G) The chief shall require every contractor performing
reclamation work pursuant to this section to pay workers at the
greater of their regular rate of pay, as established by contract,
agreement, or prior custom or practice, or the average wage rate
paid in this state for the same or similar work as determined by
the chief under section 1513.02 of the Revised Code.
(H) All investment earnings of the fund shall be credited to the fund and shall be used only for the reclamation of land for which performance security was provided under division (C)(2) of section 1513.08 of the Revised Code.
Sec. 1514.081. (A) As used in this section:
(1) "Lime mining wastes" means residual solid or semisolid
materials generated from lime or limestone
mining and processing calcining, lime processing, or lime manufacturing
operations, including, without limitation, lime kiln dust,
scrubber sludge from lime kiln operations, lime or limestone
materials not
meeting product specification, lime hydrating
materials, and other lime or
limestone mining manufacturing, processing, or
calcining materials associated with lime or
limestone mining or
processing. "Lime mining wastes" does not include materials
generated from the manufacture of cement.
(2) "Beneficial use" means the use of lime mining wastes
within a lime mining and reclamation area for
land application
when it is utilized for agronomic purposes at standard agronomic
rates as determined by standard soil testing,
for land reclamation
in
accordance with
this chapter and rules adopted under it,
including, but not
limited to, use as fill material, as defined by rule, in quarries,
and for any
other
purposes designated by the chief of
the division
of mineral
resources management, including demonstration projects
approved by
the chief.
(3) "Solid waste disposal facility" means a facility for the
disposal of
solid wastes that is licensed under Chapter 3734. of
the Revised Code.
(4) "Disposal system" has the same meaning as in section
6111.01 of the Revised Code.
(B) Not later than two hundred seventy days after
the
effective date of this section
October 8, 2001, the chief shall adopt and may
amend, suspend, or rescind
rules in
accordance
with Chapter 119.
of the Revised Code
establishing
standards and requirements for
both of the following:
(1) The beneficial use of lime mining
wastes, including the
beneficial use of lime
mining wastes at lime
mining and
reclamation operations governed by this chapter;
(2) The monitoring of ground water associated with the
beneficial use of lime mining wastes and the taking of corrective
action in the event of a subsurface discharge of leachate from the
beneficial use of lime mining wastes or of contamination of ground
water resulting from the beneficial use of lime mining wastes, in
order to protect human health and environment.
The
beneficial use of lime mining wastes is subject to any
applicable
standards and
requirements established under this
chapter and
rules adopted under it. Until such time as the chief
adopts rules under this section, the beneficial use of lime mining
wastes shall require the prior written approval of the chief in a
surface mining permit issued under this
chapter.
(C) The beneficial use of lime mining wastes does not
constitute
establishing a solid waste disposal facility or a
disposal system.
A beneficial use of lime mining wastes
that is
authorized under this section is not subject to any of the
following:
(1) Permit and license requirements for solid waste
facilities established
under sections 3734.02 and 3734.05 of the
Revised Code;
(2) The prohibition against open dumping of solid wastes
established under
section 3734.03 of the Revised Code;
(3) Solid waste disposal and generation fees established
under sections
3734.57 to 3734.574 of the Revised Code;
(4) Permit to install and plan approval requirements and
prohibitions established under
sections 6111.03, 6111.04, 6111.44,
and 6111.45 of the Revised Code.
Nothing in this section shall be construed to limit any other
requirements
that are applicable to the beneficial use of lime
mining wastes under
Chapter 905., 3704., 3714., 3734., or 6111. of
the
Revised Code or any local or federal
laws, including, without
limitation, requirements governing air pollution
control permits,
hazardous waste installation and operation permits, national
pollutant discharge elimination system permits, and section 401
water quality
certifications.
Sec. 1514.40. In accordance with Chapter 119. of the Revised Code, the chief of the division of mineral resources management, in consultation with a statewide association that represents the surface mining industry, shall adopt rules that do all of the following:
(A) For the purpose of establishing safety standards governing surface mining operations, incorporate by reference 30 C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;
(B) Establish criteria, standards, and procedures governing safety performance evaluations conducted under section 1514.45 of the Revised Code, including requirements for the notification of operators and the identification of authorized representatives of miners at surface mining operations for purposes of inspections conducted under sections 1541.41 1514.41 to 1541.47 1514.47 of the Revised Code;
(C) Establish requirements governing the reporting and investigation of accidents at surface mining operations. In adopting the rules, the chief shall establish requirements that minimize duplication with any reporting and investigations of accidents that are conducted by the mine safety and health administration in the United States department of labor.
(D) Establish the time, place, and frequency of mine safety training conducted under section 1514.06 of the Revised Code and a fee, if any, for the purpose of that section. The amount of the fee shall not exceed the costs of conducting the training that is required under that section.
(E) Establish the minimum qualifications necessary to take the examination that is required for certification of certified mine forepersons under division (B) of section 1514.47 of the Revised Code and requirements, fees, and procedures governing the taking of the examination;
(F) Establish requirements and fees governing the renewal of certificates under division (C) of that section;
(G) Establish requirements and procedures for the approval of training plans submitted under division (E) of that section for the use of qualified persons to conduct examinations of surface mining operations in lieu of certified mine forepersons and minimum qualifications of those persons. The rules shall include requirements governing training frequency and curriculum that must be provided for qualified persons under such plans and shall establish related reporting and record keeping requirements.
As used in sections 1514.41 to 1514.47 of the Revised Code, "rule" means a rule adopted under this section unless the context indicates otherwise.
Sec. 1521.01. As used in sections 1521.01 to 1521.05, and 1521.13 to 1521.18, and 1521.20 to 1521.30 of the
Revised Code:
(A) "Consumptive use," "diversion," "Lake Erie drainage
basin," "other great lakes states and provinces," "water
resources," and "waters of the state" have the same meanings as
in section 1501.30 of the Revised Code.
(B) "Well" means any excavation, regardless of design or
method of construction, created for any of the following
purposes:
(1) Removing ground water from or recharging water into an
aquifer, excluding subsurface drainage systems installed to
enhance agricultural crop production or urban or suburban
landscape management or to control seepage in dams, dikes, and
levees;
(2) Determining the quantity, quality, level, or movement
of ground water in or the stratigraphy of an aquifer, excluding
borings for instrumentation in dams, dikes, levees, or highway
embankments;
(3) Removing or exchanging heat from ground water,
excluding horizontal trenches that are installed for water source
heat pump systems.
(C) "Aquifer" means a consolidated or unconsolidated
geologic formation or series of formations that are hydraulically
interconnected and that have the ability to receive, store, or
transmit water.
(D) "Ground water" means all water occurring in an
aquifer.
(E) "Ground water stress area" means a definable
geographic area in which ground water quantity is being affected
by human activity or natural forces to the extent that continuous
availability of supply is jeopardized by withdrawals.
(F) "Person" has the same meaning as in section 1.59 of
the Revised Code and also includes the United States, the state,
any political subdivision of the state, and any department,
division, board, commission, agency, or instrumentality of the
United States, the state, or a political subdivision of the
state.
(G) "State agency" or "agency of the state" has the same
meaning as "agency" in section 111.15 of the Revised Code.
(H) "Development" means any artificial change to
improved or
unimproved real estate, including the construction of buildings
and other structures, any substantial improvement of a structure,
mining, dredging, filling, grading, paving, excavating, and
drilling operations, and storage of equipment or materials.
(I) "Floodplain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water.
(J) "Floodplain management" means the implementation of an
overall program of corrective and preventive measures for
reducing flood damage, including the collection and dissemination
of flood information, construction of flood control works,
nonstructural flood damage reduction techniques, and adoption of
rules, ordinances, or resolutions governing development in
floodplains.
(K) "One-hundred-year flood" means a flood having a one
per cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year floodplain" means that portion of a
floodplain inundated by a one-hundred-year flood.
(M) "Structure" means a walled and roofed building,
including, without limitation, gas or liquid storage tanks, mobile homes, and
manufactured homes.
(N) "Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds fifty per cent of the market
value of the structure before the start of construction of the
improvement. "Substantial improvement" includes repairs to
structures that have incurred substantial damage regardless of
the actual repair work performed. "Substantial improvement" does
not include either of the following:
(1) Any project for the improvement of a structure to
correct existing violations of state or local health, sanitary,
or safety code specifications that have been identified by the
state or local code enforcement official having jurisdiction and
that are the minimum necessary to ensure safe living conditions;
(2) Any alteration of an historic structure designated or
listed pursuant to federal or state law, provided that the
alteration will not preclude the structure's continued listing or
designation as an historic structure.
(O) "Shore structure" includes, but is not limited to: beaches;
groins; revetments; bulkheads; seawalls; breakwaters; certain dikes designated
by the chief of the division of water; piers; docks; jetties; wharves;
marinas; boat ramps; any associated fill or debris used as part of the
construction of shore structures that may affect shore erosion, wave action,
or inundation; and fill or debris placed along or near the shore, including
bluffs, banks, or beach ridges, for the purpose of stabilizing slopes.
(P) "Substantial damage" means damage of any origin that is sustained by a structure if the cost of restoring the structure to its condition prior to the damage would equal or exceed fifty per cent of the market value of the structure before the damage occurred.
(Q)(P) "National flood insurance program" means the national flood insurance program established in the "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended, and regulations adopted under it.
(R)(Q) "Conservancy district" means a conservancy district
established under Chapter 6101. of the Revised Code.
(S) "Park board" means the board of park commissioners of a park
district created under Chapter 1545. of the Revised Code.
(T) "Erosion control structure" means anything that is designed
primarily to reduce or control erosion of the shore along or near lake erie,
including, but not limited to, revetments, seawalls, bulkheads, certain
breakwaters designated by the chief, and similar structures. "Erosion control
structure" does not include wharves, piers, docks, marinas, boat ramps, and
other similar structures.
Sec. 1521.99. (A) Whoever violates division (E)(1) of section 1521.05 or
division (E)(1) of section 1521.16 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(B) Whoever violates section 1521.06 or 1521.062 of the Revised Code shall be
fined not less than one hundred dollars nor more than one thousand dollars for
each offense. Each day of violation constitutes a separate offense.
(C) Whoever violates sections 1521.20 to 1521.30 of the
Revised Code shall be fined not less than one hundred
dollars nor more than one thousand dollars for each offense. Each day of
violation constitutes a separate offense.
Sec. 1531.06. (A) The chief of the division of wildlife,
with
the approval of the director of natural resources, may
acquire by
gift, lease, purchase, or otherwise lands or surface
rights upon
lands and waters or surface rights upon waters for
wild animals,
fish or game management, preservation, propagation,
and
protection, outdoor and nature activities, public fishing and
hunting grounds, and flora and fauna preservation. The chief,
with the approval of the director, may receive by grant, devise,
bequest, donation, or assignment evidences of indebtedness, the
proceeds of which are to be used for the purchase of such lands
or
surface rights upon lands and waters or surface rights
upon
waters.
(B)(1) The chief shall adopt rules for the protection of
state-owned
or
leased
lands and waters and property under the control of the division of wildlife against
wrongful use or occupancy that will
ensure the carrying out of the
intent of this section, protect
those lands, waters, and
property from depredations, and preserve
them from
molestation, spoilation, destruction, or any improper
use or
occupancy thereof, including rules with respect
to
recreational activities and for the government and use of such
lands, waters, and property.
(2) The chief may adopt rules benefiting wild
animals, fish
or game management, preservation, propagation, and
protection,
outdoor and nature activities, public fishing and
hunting grounds,
and flora and fauna preservation, and regulating the
taking and
possession of wild animals on any lands or waters
owned or leased
or under the division's supervision and control and,
for a
specified period of years, may prohibit or recall the taking
and
possession of any wild animal on any portion of such lands or
waters. The division clearly shall define and mark the
boundaries
of the lands and waters owned or leased or under
its supervision
and control upon which the taking of any
wild animal is
prohibited.
(C) The chief, with the approval of the director, may
acquire
by gift, lease, or purchase land for the purpose of
establishing
state fish hatcheries and game farms and may erect
on
it buildings or structures that are necessary.
The title to or lease of such lands and waters shall be
taken
by the chief in the name of the state. The lease or
purchase
price of all such lands and waters may be paid from
hunting and
trapping and fishing licenses and any other funds.
(D) To provide more public recreation, stream and lake
agreements for public fishing only may be obtained under rules
adopted by the chief.
(E) The chief, with the approval of the director, may
establish
user fees for the use of special public facilities or
participation
in special activities on lands and waters
administered by the
division. The special facilities and
activities may include
hunting or fishing on special designated
public lands and waters
intensively managed or stocked with
artificially propagated game
birds or fish, field trial
facilities, wildlife nature centers,
firearm ranges, boat mooring
facilities, camping sites, and other
similar special facilities
and activities. The chief shall determine whether
the user fees
are refundable and shall ensure that that information is
provided
at the time the user fees are paid.
(F) The chief, with the
approval of the director, may enter
into lease agreements for
rental of concessions or other special
projects situated on
state-owned or leased lands or waters or
other property under
the division's control. The chief shall set
and collect the fees for
concession rentals or other special
projects; regulate through
contracts between the division and
concessionaires the sale of
tangible objects at concessions or
other special projects; and
keep a record of all such fee payments
showing the amount
received, from whom received, and for
what
purpose the
fee was collected.
(G) The chief may sell or donate
conservation-related items
or items that promote wildlife
conservation, including, but not
limited to, stamps, pins,
badges, books, bulletins, maps,
publications, calendars, and any other
educational article or
artifact pertaining to wild animals; sell
confiscated or forfeited
items; and sell surplus structures and
equipment, and timber or
crops from lands owned, administered,
leased, or controlled by the
division. The chief, with the approval of the director, also may engage in campaigns and special events that promote wildlife conservation by selling or donating wildlife-related materials, memberships, and other items of promotional value.
(H) The chief may sell, lease, or transfer minerals or
mineral rights,
with the approval of the director, when the chief
and the director determine
it to be in the best interest of the
state. Upon approval of the director,
the chief may make,
execute, and deliver contracts, including leases, to mine,
drill,
or excavate iron ore, stone, coal, petroleum, gas, salt, and other
minerals upon and under lands owned by the state and administered
by the
division to any person who complies with the terms of such
a contract. No
such contract shall be valid for more than fifty
years from its effective
date. Consideration for minerals and
mineral rights shall be by rental or
royalty basis as prescribed
by the chief and payable as prescribed by contract. Moneys
collected under
this division shall be paid into the state
treasury to the
credit of the wildlife habitat
fund created in
section 1531.33 of
the Revised Code. Contracts entered
into under
this division also
may provide for
consideration for minerals or
mineral rights in
the form of acquisition of
lands as provided
under divisions (A)
and (C) of this section.
(I) All moneys received under divisions (E), (F), and (G) of
this section
shall be paid into the state treasury to
the credit
of a fund that shall be used for the purposes
outlined in section
1533.15 of the
Revised Code and for the
management of other wild
animals for
their ecological and
nonconsumptive recreational value
or
benefit.
(J) The chief, with
the approval of the director, may barter
or sell wild animals to
other states, state or federal agencies,
and conservation or
zoological organizations. Moneys received
from the sale of wild
animals shall be deposited into the wild
animal fund created in
section 1531.34 of the Revised Code.
(K) The chief shall adopt rules establishing standards
and
guidelines for the administration of contraceptive chemicals
to
noncaptive wild animals. The rules may specify chemical
delivery
methods and devices and monitoring requirements.
The chief shall establish criteria for the issuance of
and
shall issue permits for the administration of contraceptive
chemicals to noncaptive wild animals. No person shall
administer
contraceptive chemicals to noncaptive wild animals
without a
permit issued by the chief.
(L) All fees set by the chief under this section shall be
approved by the wildlife council.
(M) Information contained in the wildlife diversity database that is established pursuant to division (B)(2) of this section and section 1531.25 of the Revised Code may be made available to any individual or public or private agency for research, educational, environmental, land management, or other similar purposes that are not detrimental to the conservation of a species or feature. Information regarding sensitive site locations of species that are listed pursuant to section 1531.25 of the Revised Code and of features that are included in the wildlife diversity database is not subject to section 149.43 of the Revised Code if the chief determines that the release of the information could be detrimental to the conservation of a species or feature.
Sec. 1531.35. The wildlife boater angler fund is hereby
created in the state treasury. The fund shall consist of money
credited to the fund pursuant to section 5735.051 of the Revised
Code and other money contributed to the division of wildlife for
the purposes of the fund. The fund
shall be used for boating
access construction,
improvements,
and
maintenance, and to pay for equipment and personnel costs involved with those activities,
on lakes
on
which the operation of gasoline-powered watercraft is
permissible. However, not more than two hundred thousand dollars of the annual expenditures from the fund may be used to pay for the equipment and personnel costs.
Sec. 1555.08. (A) Subject to the limitations provided in
Section 15 of Article VIII, Ohio Constitution, the commissioners
of the sinking fund, upon certification by the director of the
Ohio coal development office of the amount of moneys or
additional moneys needed in the coal research and development
fund for the purpose of making grants or loans for allowable
costs, or needed for capitalized interest, for funding reserves,
and for paying costs and expenses incurred in connection with the
issuance, carrying, securing, paying, redeeming, or retirement of
the obligations or any obligations refunded thereby, including
payment of costs and expenses relating to letters of credit,
lines of credit, insurance, put agreements, standby purchase
agreements, indexing, marketing, remarketing and administrative
arrangements, interest swap or hedging agreements, and any other
credit enhancement, liquidity, remarketing, renewal, or refunding
arrangements, all of which are authorized by this section, or
providing moneys for loan guarantees, shall issue obligations of
the state under this section in amounts authorized by the general
assembly; provided that such obligations may be issued to the
extent necessary to satisfy the covenants in contracts of
guarantee made under section 1555.05 of the Revised Code to issue
obligations to meet such guarantees, notwithstanding limitations
otherwise applicable to the issuance of obligations under this
section except the one-hundred-million-dollar limitation provided
in Section 15 of Article VIII, Ohio Constitution. The proceeds
of such obligations, except for the portion to be deposited in
the coal research and development bond service fund as may be
provided in the bond proceedings, shall as provided in the bond
proceedings be deposited in the coal research and development
fund. The commissioners of the sinking fund may appoint
trustees, paying agents, and transfer agents and may retain the
services of financial advisors, accounting experts, and
attorneys, and retain or contract for the services of marketing,
remarketing, indexing, and administrative agents, other
consultants, and independent contractors, including printing
services, as are necessary in their judgment to carry out this
section.
(B) The full faith and credit of the state of Ohio is
hereby pledged to obligations issued under this section. The
right of the holders and owners to payment of bond service
charges is limited to all or that portion of the moneys pledged
thereto pursuant to the bond proceedings in accordance with this
section, and each such obligation shall bear on its face a
statement to that effect.
(C) Obligations shall be authorized by resolution of the
commissioners of the sinking fund on request of the director of
the Ohio coal development office as provided in section 1555.02
of the Revised Code and the bond proceedings shall provide for
the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
forty years from the date of issuance, the interest rate or rates
or the maximum interest rate, the date of the obligations and the
dates of payment of interest thereon, their denomination, and the
establishment within or without the state of a place or places of
payment of bond service charges. Sections 9.98 to 9.983 of the
Revised Code apply to obligations issued under this section. The purpose of
such obligations may be stated in
the bond proceedings in terms describing the general purpose or
purposes to be served. The bond proceedings shall also provide,
subject to the provisions of any other applicable bond
proceedings, for the pledge of all, or such part as the
commissioners of the sinking fund may determine, of the moneys
credited to the coal research and development bond service fund
to the payment of bond service charges, which pledges may be made
either prior or subordinate to other expenses, claims, or
payments and may be made to secure the obligations on a parity
with obligations theretofore or thereafter issued, if and to the
extent provided in the bond proceedings. The moneys so pledged
and thereafter received by the state are immediately subject to
the lien of such pledge without any physical delivery thereof or
further act, and the lien of any such pledges is valid and
binding against all parties having claims of any kind against the
state or any governmental agency of the state, irrespective of
whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of
the Revised Code, without the necessity for separation or
delivery of funds or for the filing or recording of the bond
proceedings by which such pledge is created or any certificate,
statement or other document with respect thereto; and the pledge
of such moneys is effective and the money therefrom and thereof
may be applied to the purposes for which pledged without
necessity for any act of appropriation. Every pledge, and every
covenant and agreement made with respect thereto, made in the
bond proceedings may therein be extended to the benefit of the
owners and holders of obligations authorized by this section, and
to any trustee therefor, for the further security of the payment
of the bond service charges.
(D) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the commissioners of the sinking fund at such price or
prices and under such terms and conditions as are provided in the
bond proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the obligations may be issued;
(5) The deposit, investment, and application of the coal
research and development bond service fund, and the safeguarding
of moneys on hand or on deposit, without regard to Chapter 131.
or 135. of the Revised Code, but subject to any special
provisions of this chapter, with respect to particular moneys;
provided, that any bank or trust company which acts as depository
of any moneys in the fund may furnish such indemnifying bonds or
may pledge such securities as required by the commissioners of
the sinking fund;
(6) Any other provision of the bond proceedings being
binding upon the commissioners of the sinking fund, or such other
body or person as may from time to time have the authority under
law to take such actions as may be necessary to perform all or
any part of the duty required by such provision;
(7) Any provision which may be made in a trust agreement
or indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security obtained or to be obtained for loans
under this chapter.
(E) The obligations may have the great seal of the state
or a facsimile thereof affixed thereto or printed thereon. The
obligations shall be signed by such members of the commissioners
of the sinking fund as are designated in the resolution
authorizing the obligations or bear the facsimile signatures of
such members. Any coupons attached to the obligations shall bear
the facsimile signature of the treasurer of state. Any
obligations may be executed by the persons who, on the date of
execution, are the commissioners although on the date of such
bonds the persons were not the commissioners. Any coupons may be
executed by the person who, on the date of execution, is the
treasurer of state although on the date of such coupons the
person was not the treasurer of state. In case any officer or
commissioner whose signature or a facsimile of whose signature
appears on any such obligations or any coupons ceases to be such
officer or commissioner before delivery thereof, such signature
or facsimile is nevertheless valid and sufficient for all
purposes as if the individual had remained such officer or
commissioner until
such delivery; and in case the seal to be affixed to obligations
has been changed after a facsimile of the seal has been imprinted
on such obligations, such facsimile seal shall continue to be
sufficient as to such obligations and obligations issued in
substitution or exchange therefor.
(F) All obligations except loan guarantees are negotiable
instruments and securities under Chapter 1308. of the Revised
Code, subject to the provisions of the bond proceedings as to
registration. The obligations may be issued in coupon or in
registered form, or both, as the commissioners of the sinking
fund determine. Provision may be made for the registration of
any obligations with coupons attached thereto as to principal
alone or as to both principal and interest, their exchange for
obligations so registered, and for the conversion or reconversion
into obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion.
(G) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(H) Pending preparation of definitive obligations, the
commissioners of the sinking fund may issue interim receipts or
certificates which shall be exchanged for such definitive
obligations.
(I) In the discretion of the commissioners of the sinking
fund, obligations may be secured additionally by a trust
agreement or indenture between the commissioners and a corporate
trustee, which may be any trust company or bank having its
principal a place of business within the state. Any such agreement
or indenture may contain the resolution authorizing the issuance
of the obligations, any provisions that may be contained in any
bond proceedings, and other provisions that are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture, or other instrument comprising part of the bond
proceedings until the state has fully paid the bond service
charges on the obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
commissioners of the sinking fund made as a part of the contract
under which the obligations were issued, enforcement of such
payments or agreement by mandamus, the appointment of a receiver,
suit in equity, action at law, or any combination of the
foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the
commissioners of the sinking fund agree upon, including
limitations, conditions, or qualifications relating to any of the
foregoing.
(J) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's rights
are restricted by the bond proceedings, may by any suitable form of legal
proceedings protect and enforce any rights under the laws of this
state or granted by such bond proceedings. Such rights include
the right to compel the performance of all duties of the
commissioners of the sinking fund, the Ohio air quality development authority, or
the Ohio coal development office required by this chapter and
Chapter 1551. of the Revised Code or the bond proceedings; to
enjoin unlawful activities; and in the event of default with
respect to the payment of any bond service charges on any
obligations or in the performance of any covenant or agreement on
the part of the commissioners, the authority, or the office in the
bond proceedings, to apply to a court having jurisdiction of the
cause to appoint a receiver to receive and administer the moneys
pledged, other than those in the custody of the treasurer of
state, that are pledged to the payment of the bond service
charges on such obligations or that are the subject of the
covenant or agreement, with full power to pay, and to provide for
payment of bond service charges on, such obligations, and with
such powers, subject to the direction of the court, as are
accorded receivers in general equity cases, excluding any power
to pledge additional revenues or receipts or other income or
moneys of the commissioners of the sinking fund or the state or
governmental agencies of the state to the payment of such
principal and interest and excluding the power to take possession
of, mortgage, or cause the sale or otherwise dispose of any
project.
Each duty of the commissioners of the sinking fund and
their employees, and of each governmental agency and its
officers, members, or employees, undertaken pursuant to the bond
proceedings or any grant, loan, or loan guarantee agreement made
under authority of this chapter, and in every agreement by or
with the commissioners, is hereby established as a duty of the
commissioners, and of each such officer, member, or employee
having authority to perform such duty, specifically enjoined by
the law resulting from an office, trust, or station within the
meaning of section 2731.01 of the Revised Code.
The persons who are at the time the commissioners of the
sinking fund, or their employees, are not liable in their
personal capacities on any obligations issued by the
commissioners or any agreements of or with the commissioners.
(K) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for life and domestic not for life, trustees or other officers
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this
state, the commissioners of the sinking fund of the state, the
administrator of workers' compensation, the state teachers retirement
system, the public employees retirement system, the school
employees retirement system, and the Ohio police and
fire pension fund, notwithstanding any other
provisions
of the Revised Code or rules adopted pursuant thereto by any
governmental agency of the state with respect to investments by
them, and are also acceptable as security for the deposit of
public moneys.
(L) If the law or the instrument creating a trust pursuant
to division (I) of this section expressly permits investment in
direct obligations of the United States or an agency of the
United States,
unless expressly prohibited by the instrument, such moneys also
may be invested in no-front-end-load money market mutual funds
consisting exclusively of obligations of the United States or an
agency of the United States and in
repurchase agreements, including those
issued by the fiduciary itself, secured by obligations of the
United States or an agency of the United
States; and in collective investment funds
established in accordance with section 1111.14 of the
Revised
Code and consisting exclusively of any such securities,
notwithstanding division (A)(1)(c) of that section. The
income from
such investments shall be credited to such funds as the
commissioners of the sinking fund determine, and such investments
may be sold at such times as the commissioners determine or
authorize.
(M) Provision may be made in the applicable bond
proceedings for the establishment of separate accounts in the
bond service fund and for the application of such accounts only
to the specified bond service charges on obligations pertinent to
such accounts and bond service fund and for other accounts
therein within the general purposes of such fund. Moneys to the
credit of the bond service fund shall be disbursed on the order
of the treasurer of state; provided, that no such order is
required for the payment from the bond service fund when due of
bond service charges on obligations.
(N) The commissioners of the sinking fund may pledge all,
or such portion as they determine, of the receipts of the bond
service fund to the payment of bond service charges on
obligations issued under this section, and for the establishment
and maintenance of any reserves, as provided in the bond
proceedings, and make other provisions therein with respect to
pledged receipts as authorized by this chapter, which provisions
control notwithstanding any other provisions of law pertaining
thereto.
(O) The commissioners of the sinking fund may covenant in
the bond proceedings, and any such covenants control
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are outstanding, shall:
(1) Maintain statutory authority for and cause to be
levied and collected taxes so that the pledged receipts are
sufficient in amount to meet bond service charges, and the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings, and, as
necessary, to meet covenants contained in any loan guarantees
made under this chapter;
(2) Take or permit no action, by statute or otherwise,
that would impair the exemption from federal income taxation of
the interest on the obligations.
(P) All moneys
received
by or on account of the state and required by the applicable bond
proceedings, consistent with this section, to be deposited,
transferred, or credited to the coal research and development bond
service fund, and all other
moneys transferred or allocated to or received for the purposes
of the fund, shall be credited to such fund and to any separate
accounts therein, subject to applicable provisions of the bond
proceedings, but without necessity for any act of appropriation.
During the period beginning with the date of the first issuance
of obligations and continuing during such time as any such
obligations are outstanding, and so long as moneys in the bond
service fund are insufficient to pay all bond service charges on
such obligations becoming due in each year, a sufficient amount
of moneys of the state are committed and shall be paid to the bond
service fund in each year for the purpose of paying the bond
service charges becoming due in that year without necessity for
further act of appropriation for such purpose. The bond service
fund is a trust fund and is hereby pledged to the payment of bond
service charges to the extent provided in the applicable bond
proceedings, and payment thereof from such fund shall be made or
provided for by the treasurer of state in accordance with such
bond proceedings without necessity for any act of appropriation.
All investment earnings of the fund shall be credited to the
fund.
(Q) For purposes of establishing the limitations contained
in Section 15 of Article VIII, Ohio Constitution, the "principal
amount" refers to the aggregate of the offering price of the
bonds or notes. "Principal amount" does not refer to the
aggregate value at maturity or redemption of the bonds or notes.
(R) This section applies only with respect to obligations issued
and delivered prior to September 30, 2000.
Sec. 1557.03. (A)(1) The commissioners of the sinking
fund are authorized to issue and sell, as provided in this
section and in amounts from time to time authorized by the
general assembly, general obligations of this state for the
purpose of financing or assisting in the financing of the costs
of projects. The full faith and credit, revenues, and taxing
power of the state are and shall be pledged to the timely payment
of debt charges on outstanding obligations, all in accordance
with Section 2l of Article VIII, Ohio Constitution, and Chapter
1557. of the Revised
Code, excluding from that
pledge fees, excises, or taxes relating to the registration,
operation, or use of vehicles on the public highways, or to fuels
used for propelling those vehicles, and so long as such
obligations are outstanding there shall be levied and collected
excises and taxes, excluding those excepted above, in amount
sufficient to pay the debt charges on such obligations and
financing costs relating to credit enhancement facilities.
(2) For meetings of the commissioners of the sinking fund
pertaining to the obligations under this chapter, each of the
commissioners may designate an employee or officer of that
commissioner's office to attend meetings when that commissioner
is absent for any reason, and such designee, when present, shall
be counted in determining whether a quorum is present at any
meeting and may vote and participate in all proceedings and
actions of the commissioners at that meeting pertaining to the
obligations, provided, that such designee shall not execute or
cause a facsimile of the designee's signature to be placed
on any
obligation, or execute any trust agreement or indenture of the
commissioners. Such designation shall be in writing, executed by
the designating member, and shall be filed with the secretary of
the commissioners and such designation may be changed from time
to time by a similar written designation.
(B) The total principal amount of obligations outstanding
at any one time shall not exceed two hundred million dollars, and
not more than fifty million dollars in principal amount of
obligations to pay costs of projects may be issued in any fiscal
year, all determined as provided in
Chapter 1557. of the Revised Code.
(C) The state may participate by grants or contributions
in financing projects under this section made by local government
entities. Of the proceeds of the first two hundred million
dollars principal amount in obligations issued under this section
to pay costs of projects, at least twenty per cent shall be
allocated in accordance with section 1557.06 of the Revised Code
to grants or contributions to local government entities. The
director of budget and management shall establish and maintain
records in such manner as to show that the proceeds credited to
the Ohio parks and natural resources fund have been expended for
the purposes and in accordance with the limitations set forth
herein.
(D) Each issue of obligations shall be authorized by
resolution of the commissioners of the sinking fund. The bond
proceedings shall provide for the principal amount or maximum
principal amount of obligations of an issue, and shall provide
for or authorize the manner or agency for determining the
principal maturity or maturities, not exceeding the earlier of
twenty-five years from the date the debt represented by the
particular obligations was originally contracted, the interest
rate or rates, the date of and the dates of payment of interest
on the obligations, their denominations, and the establishment
within or without the state of a place or places of payment of
debt charges. Sections 9.96 and 9.98 to 9.983 of the Revised
Code are applicable to the obligations. The purpose of the
obligations may be stated in the bond proceedings as "financing
or assisting in the financing of projects as provided in Section
2l of Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any
portion to be deposited in special funds, or in escrow funds for
the purpose of refunding outstanding obligations, all as may be
provided in the bond proceedings, shall be deposited in the Ohio
parks and natural resources fund established by section 1557.02
of the Revised Code.
(F) The commissioners of the sinking fund may appoint
paying agents, bond registrars, securities depositories, and
transfer agents, and may retain the services of financial
advisers and accounting experts, and retain or contract for the
services of marketing, remarketing, indexing, and administrative
agents, other consultants, and independent contractors, including
printing services, as are necessary in the judgment of the
commissioners to carry out this
chapter of the
Revised Code. Financing costs are payable, as provided in the
bond proceedings, from the proceeds of the obligations, from
special funds, or from other moneys available for the purpose.
(G) The bond proceedings, including any trust agreement,
may contain additional provisions customary or appropriate to the
financing or to the obligations or to particular obligations,
including, but not limited to:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions at such price or prices and under such terms
and conditions as are provided in the bond proceedings;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and
application of special funds, and the safeguarding of moneys on
hand or on deposit, without regard to Chapter 131. or 135. of the
Revised Code, provided that any bank or trust company that acts
as a depository of any moneys in special funds may furnish such
indemnifying bonds or may pledge such securities as required by
the commissioners of the sinking fund;
(4) Any or every provision of the bond proceedings binding
upon the commissioners of the sinking fund and such state agency
or local government entities, officer, board, commission,
authority, agency, department, or other person or body as may
from time to time have the authority under law to take such
actions as may be necessary to perform all or any part of the
duty required by such provision;
(5) The maintenance of each pledge, any trust agreement,
or other instrument composing part of the bond proceedings until
the state has fully paid or provided for the payment of the debt
charges on the obligations or met other stated conditions;
(6) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
commissioners of the sinking fund made as part of a contract
under which the obligations were issued or secured, the
enforcement of such payments or agreements by mandamus, suit in
equity, action at law, or any combination of the foregoing;
(7) The rights and remedies of the holders of obligations
and of the trustee under any trust agreement, and provisions for
protecting and enforcing them, including limitations on rights of
individual holders of obligations;
(8) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen;
(9) Provision for the funding, refunding, or advance
refunding or other provision for payment of obligations which
will then no longer be or be deemed to be outstanding for
purposes of this section or of the bond proceedings;
(10) Any provision that may be made in bond proceedings
or a trust agreement, including provision for amendment of the
bond proceedings;
(11) Such other provisions as the commissioners of the
sinking fund determine, including limitations, conditions, or
qualifications relating to any of the foregoing;
(12) Any other or additional agreements with the holders
of the obligations relating to the obligations or the security
for the obligations.
(H) The great seal of the state or a facsimile of that
seal may be affixed to or printed on the obligations. The
obligations shall be signed by or bear the facsimile signatures
of two or more of the commissioners of the sinking fund as
provided in the bond proceedings. Any obligations may be signed
by the person who, on the date of execution, is the authorized
signer although on the date of such obligations such person was
not a commissioner. In case the individual whose signature or a
facsimile of whose signature appears on any obligation ceases to
be a commissioner before delivery of the obligation, such
signature or facsimile is nevertheless valid and sufficient for
all purposes as if the individual had remained the member
until such
delivery, and in case the seal to be affixed to or printed on
obligations has been changed after the seal has been affixed to
or a facsimile of the seal has been printed on the obligations,
that seal or facsimile seal shall continue to be sufficient as to
those obligations and obligations issued in substitution or
exchange therefor.
(I) Obligations may be issued in coupon or in fully
registered form, or both, as the commissioners of the sinking
fund determine. Provision may be made for the registration of
any obligations with coupons attached as to principal alone or as
to both principal and interest, their exchange for obligations so
registered, and for the conversion or reconversion into
obligations with coupons attached of any obligations registered
as to both principal and interest, and for reasonable charges for
such registration, exchange, conversion, and reconversion.
Pending preparation of definitive obligations, the commissioners
of the sinking fund may issue interim receipts or certificates
which shall be exchanged for such definitive obligations.
(J) Obligations may be sold at public sale or at private
sale, and at such price at, above, or below par, as determined by
the commissioners of the sinking fund in the bond proceedings.
(K) In the discretion of the commissioners of the sinking
fund, obligations may be secured additionally by a trust
agreement between the state and a corporate trustee which may be
any trust company or bank having its principal a place of business
within the state. Any trust agreement may contain the resolution
authorizing the issuance of the obligations, any provisions that
may be contained in the bond proceedings, and other provisions
that are customary or appropriate in an agreement of the type.
(L) Except to the extent that their rights are restricted
by the bond proceedings, any holder of obligations, or a trustee
under the bond proceedings, may by any suitable form of legal
proceedings protect and enforce any rights under the laws of this
state or granted by the bond proceedings. Such rights include
the right to compel the performance of all duties of the
commissioners and the state. Each duty of the commissioners and
employees of the commissioners, and of each state agency and
local public entity and its officers, members, or employees,
undertaken pursuant to the bond proceedings, is hereby
established as a duty of the commissioners, and of each such
agency, local government entity, officer, member, or employee
having authority to perform such duty, specifically enjoined by
the law and resulting from an office, trust, or station within
the meaning of section 2731.01 of the Revised Code. The persons
who are at the time the commissioners, or employees of the
commissioners, are not liable in their personal capacities on any
obligations or any agreements of or with the commissioners
relating to obligations or under the bond proceedings.
(M) Obligations are lawful investments for banks,
societies for savings, savings and loan associations, deposit
guarantee associations, trust companies, trustees, fiduciaries,
insurance companies, including domestic for life and domestic not
for life, trustees or other officers having charge of sinking and
bond retirement or other special funds of political subdivisions
and taxing districts of this state, the commissioners of the
sinking fund, the administrator of workers' compensation, the state teachers
retirement system, the
public employees retirement system, the school employees
retirement system, and the Ohio police and fire
pension fund, notwithstanding any other provisions of the Revised
Code or rules adopted pursuant thereto by any state agency with
respect to investments by them, and are also acceptable as
security for the deposit of public moneys.
(N) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the commissioners of the sinking fund only in notes,
bonds, or other direct obligations of the United States or of any
agency or instrumentality of the United
States, in obligations of this state
or any political subdivision of this state, in certificates of
deposit of any national bank located in this state and any bank,
as defined in section 1101.01 of the Revised Code, subject to
inspection by the superintendent of financial
institutions, in the Ohio
subdivision's fund established pursuant to section 135.45 of the
Revised Code, in no-front-end-load money market mutual funds
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United
States, and in repurchase
agreements, including those issued by any fiduciary, secured by
direct obligations of the United States or an agency or
instrumentality of the United States,
and in collective investment funds established in
accordance with section 1111.14 of the Revised Code
and consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United
States, notwithstanding
division (A)(1)(c) of that section. The income from
investments
shall be credited to such special funds or otherwise as the
commissioners of the sinking fund determine in the bond
proceedings, and the investments may be sold or exchanged at such
times as the commissioners determine or authorize.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in a special fund shall
be disbursed on the order of the commissioners of the sinking
fund, provided that no such order is required for the payment
from the bond service fund or other special fund when due of debt
charges or required payments under credit enhancement facilities.
(P) The commissioners of the sinking fund may covenant in
the bond proceedings, and any such covenants shall be controlling
notwithstanding any other provision of law, that the state and
the applicable officers and agencies of the state, including the
general assembly, so long as any obligations are
outstanding in accordance with their terms, shall maintain statutory
authority for and cause to be charged and collected taxes,
excises, and other receipts of the state so that the receipts to
the bond service fund shall be sufficient in amounts to meet debt
charges and for the establishment and maintenance of any reserves
and other requirements, including payment of the costs of credit
enhancement facilities, provided for in the bond proceedings.
(Q) The obligations, the transfer thereof, and the
interest, other accreted amounts, and other income therefrom,
including any profit made on the sale thereof, at all times
shall be free from taxation, direct or indirect, within the state.
(R) This section applies only with respect to obligations issued
and delivered before September 30, 2000.
Sec. 1713.031. The Ohio board of regents shall review an application for a certificate of authorization from a school described in division (E) of section 3332.01 of the Revised Code within twenty-two weeks.
Sec. 2113.041. (A) The administrator of the medicaid estate recovery program established pursuant to section 5111.11 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient who is subject to the medicaid estate recovery program. The affidavit shall include all of the following information:
(1) The name of the decedent;
(2) The name of any person who gave notice that the decedent was a medicaid recipient and that person's relationship to the decedent;
(3) The name of the financial institution;
(5) A description of the claim for estate recovery;
(6) The amount of funds to be recovered.
(B) A financial institution may release account proceeds to the administrator of the medicaid estate recovery program if all of the following apply:
(1) The decedent held an account at the financial institution that was in the decedent's name only.
(2) No estate has been, and it is reasonable to assume that no estate will be, opened for the decedent.
(3) The decedent has no outstanding debts known to the administrator of the medicaid estate recovery program.
(4) The financial institution has received no objections or has determined that no valid objections to release of proceeds have been received.
(C) If proceeds have been released pursuant to division (B) of this section and the department of job and family services receives notice of a valid claim to the proceeds that has a higher priority under section 2117.25 of the Revised Code than the claim of the medicaid estate recovery program, the department may refund the proceeds to the financial institution or pay them to the person or government entity with the claim.
Sec. 2117.061. (A) As used in this section:
(1) "Medicaid estate recovery program" means the program instituted under section 5111.11 of the Revised Code.
(2) "Permanently institutionalized individual" has the same meaning as in section 5111.11 of the Revised Code.
(3) "Person responsible for the estate" means the executor, administrator, commissioner, or person who filed pursuant to section 2113.03 of the Revised Code for release from administration of an estate.
(B) If a decedent, at the time of death, was fifty-five years of age or older or a permanently institutionalized individual, the person responsible for the decedent's estate shall determine whether the decedent was, at any time during the decedent's life, a medicaid recipient under Chapter 5111. of the Revised Code. If the decedent was a medicaid recipient, the The person responsible for the estate of a decedent subject to the medicaid estate recovery program or the estate of a decedent who was the spouse of a decedent subject to the medicaid estate recovery program shall submit a properly completed medicaid estate recovery reporting form prescribed under division (D) of this section to the administrator of the medicaid estate recovery program not later than thirty days after the occurrence of any of the following:
(1) The granting of letters testamentary;
(2) The administration of the estate;
(3) The filing of an application for release from administration or summary release from administration.
(C) The person responsible for the estate shall mark the appropriate box on the appropriate probate form to indicate compliance with the requirements of division (B) of this section.
The probate court shall send a copy of the completed probate form to the administrator of the medicaid estate recovery program.
(D) The administrator of the medicaid estate recovery program shall prescribe a medicaid estate recovery reporting form for the purpose of division (B) of this section. The In the case of a decedent subject to the medicaid estate recovery program, the form shall require, at a minimum, that the person responsible for the estate list all of the decedent's real and personal property and other assets that are part of the decedent's estate as defined in section 5111.11 of the Revised Code. In the case of a decedent who was the spouse of a decedent subject to the medicaid estate recovery program, the form shall require, at a minimum, that the person responsible for the estate list all of the decedent's real and personal property and other assets that are part of the decedent's estate as defined in section 5111.11 of the Revised Code and were also part of the estate, as so defined, of the decedent subject to the medicaid estate recovery program. The administrator shall include on the form a statement printed in bold letters informing the person responsible for the estate that knowingly making a false statement on the form is falsification under section 2921.13 of the Revised Code, a misdemeanor of the first degree.
(E) The estate recovery program administrator of the medicaid estate recovery program shall present a claim for estate recovery to the person responsible for the estate of the decedent or the person's legal representative not later than ninety days after the date on which the medicaid estate recovery reporting form is received under division (B) of this section or one year after the decedent's death, whichever is later.
Sec. 2117.25. (A) Every executor or administrator shall
proceed with diligence to pay the debts of the decedent and
shall
apply the assets in the following order:
(1) Costs and expenses of administration;
(2) An amount, not exceeding four thousand dollars, for
funeral
expenses that are included in the bill of a funeral
director, funeral expenses other than those in the bill of a
funeral director that are approved by the probate court, and
an
amount, not exceeding three
thousand dollars, for burial and
cemetery expenses,
including that portion of the funeral
director's bill allocated to
cemetery expenses that have been paid
to the cemetery by the
funeral director.
For purposes of this division, burial and cemetery
expenses
shall be limited to the following:
(a) The purchase of a right of interment;
(b) Monuments or other markers;
(c) The outer burial container;
(d) The cost of opening and closing the place of
interment;
(3) The allowance for support made to the surviving
spouse,
minor children, or both under section 2106.13 of the
Revised Code;
(4) Debts entitled to a preference under the laws of the
United States;
(5) Expenses of the last sickness of the decedent;
(6) If the total bill of a funeral director for funeral
expenses exceeds
four thousand dollars, then, in addition
to the
amount described in division
(A)(2) of this section, an
amount,
not exceeding two thousand dollars, for funeral expenses that are
included in the bill and that exceed four
thousand dollars;
(7) Personal property taxes, claims made under the medicaid estate recovery program instituted pursuant to section 5111.11 of the Revised Code, and obligations for which the
decedent was personally liable to the state or any of its
subdivisions;
(8) Debts for manual labor performed for the decedent
within
twelve months preceding the decedent's death, not
exceeding
three
hundred dollars to any one person;
(9) Other debts for which claims have been presented and
finally allowed.
(B) The part of the bill of a funeral director that
exceeds
the total of six thousand dollars as described in
divisions
(A)(2) and
(6) of this section, and the part of a claim
included
in division
(A)(8) of this section that exceeds three
hundred
dollars shall be included as a debt under division
(A)(9) of this
section,
depending upon the time when the claim
for
the additional
amount is presented.
(C) Any natural person or fiduciary who pays a claim of any
creditor described in division (A) of this section shall be
subrogated to the rights of that creditor proportionate to the
amount of the payment and shall be entitled to reimbursement for
that amount in accordance with the priority of payments set forth
in that division.
(D)(1) Chapters 2113. to 2125. of the Revised Code, relating
to
the manner in which and the time within which claims shall be
presented, shall apply to claims set forth in divisions
(A)(2),
(6),
and
(8) of this section. Claims for an expense of
administration
or for the allowance for support need not be
presented. The
executor or administrator shall pay debts included
in divisions
(A)(4) and
(7) of this section, of which the
executor
or
administrator has knowledge, regardless of
presentation.
(2) The giving of written notice to an executor or
administrator of a motion or application to revive an action
pending against the decedent at the date of death shall be
equivalent to the presentation of a claim to the executor or
administrator for the purpose of determining the order of payment
of any judgment rendered or decree entered in such an action.
(E) No payments shall be made to creditors of one class
until
all those of the preceding class are fully paid or provided
for.
If the assets are insufficient to pay all the claims of one
class, the creditors of that class shall be paid ratably.
(F) If it appears at any time that the assets have been
exhausted in paying prior or preferred charges, allowances, or
claims,
those payments shall be a bar to an action on any
claim
not entitled to
that priority or preference.
Sec. 2151.362. (A)(1) In the manner prescribed by division (C)(1) or (2)
of section 3313.64 of the Revised Code, as applicable, the court, at the
time of
making any order that removes a child from the child's own
home or
that vests legal or permanent custody of the child in a person
other
than the child's parent
or a government agency, shall
determine the school
district that is to bear the cost of
educating the child. The
court shall make the
determination a
part of the order that provides for
the child's placement or
commitment. That school district shall bear the cost of educating the child unless and until the court modifies its order department of education determines that a different district shall be responsible for bearing that cost pursuant to division (A)(2) of this section. The court's order shall state that the determination of which school district is responsible to bear the cost of educating the child is subject to re-determination by the department pursuant to that division.
(2) If, while the child is in the custody of a person other than the child's parent or a government agency, the department of education notifies the court determines that the place of residence of the child's parent has changed since the court issued its initial order, the court department may modify its order to name a different school district to bear the cost of educating the child. The department may submit the notice to the court upon receipt, shall make this new determination, and any future determinations, based on evidence received from the school district initially ordered currently responsible to bear the cost of educating the child, of evidence acceptable to the department. If the department finds that the evidence demonstrates to its satisfaction that the residence of the child's parent has changed since the court issued its initial order. In the notice to the court, the department shall recommend to the court whether a different district should be ordered to bear the cost of educating the child and, if so, which district should be so ordered. The under division (A)(1) of this section, or since the department last made a determination under division (A)(2) of this section, the department shall recommend to the court name the district in which the child's parent currently resides or, if the parent's residence is not known, the district in which the parent's last known residence is located. If the department cannot determine any Ohio district in which the parent currently resides or has resided, the school district designated in the initial court order under division (A)(1) of this section, or in the most recent determination made by the department under division (A)(2) of this section, shall continue to bear the cost of educating the child.
The court may consider the content of a notice by the department of education under division (A)(2) of this section as conclusive evidence as to which school district should bear the cost of educating the child and may amend its order accordingly.
(B) Whenever a child is placed in a detention facility
established
under section 2152.41 of the Revised Code or a
juvenile facility
established under section 2151.65 of the Revised
Code, the child's school
district as determined by the court or the department, in the same manner as prescribed in division (A) of this section, shall
pay the cost of educating the child
based on the per capita cost
of the educational facility within the detention
home or juvenile
facility.
(C) Whenever a child is placed by the court in a private
institution, school, or residential treatment center or
any other
private facility, the state shall pay to the court a subsidy to
help defray the expense of educating the child in an amount equal
to the product of the daily per capita educational cost of the
private
facility, as determined pursuant to this section, and the
number of days the child resides at the private facility, provided
that
the subsidy shall not exceed twenty-five
hundred dollars per
year per child. The daily per capita educational cost
of a
private facility shall be determined by dividing the actual
program cost
of the private facility or twenty-five hundred
dollars, whichever is less, by
three hundred sixty-five days or by
three hundred sixty-six days for years
that include February
twenty-ninth. The
state shall pay seventy-five per cent of the
total subsidy for each year
quarterly to the court. The state may
adjust the remaining twenty-five per
cent of the
total subsidy to
be paid to the court for each year to an amount that is less
than
twenty-five per cent of the total subsidy for that year based upon
the
availability of funds appropriated to the department of
education for the
purpose of subsidizing courts that place a child
in a private institution,
school, or residential treatment center
or any other private facility and
shall pay that adjusted amount
to the court at the end of the year.
Sec. 2305.2341. (A) The medical liability insurance reimbursement program is hereby established. Free clinics and federally qualified health center look-alikes, including the clinics' and centers' staff and volunteer health care professionals and volunteer health care workers, may participate in the medical liability insurance reimbursement program established by this section. The coverage provided under the program shall be limited to claims that arise out of the diagnosis, treatment, and care of patients of free clinics and centers, as defined in division (D)(1) of this section.
(B) A free clinic or federally qualified health center look-alike is eligible to receive reimbursement under the medical liability insurance reimbursement program for the premiums that the clinic or center pays for medical liability insurance coverage for the clinic or center, its staff, and volunteer health care professionals and health care workers. Free clinics and federally qualified health center look-alikes shall register with the department of health by the thirty-first day of January of each year in order to participate in and to obtain reimbursement under the program. Free Clinics that register with the department in accordance with this division shall receive priority over centers that register for reimbursement.
Free clinics and federally qualified health center look-alikes shall provide all of the following to the department of health at the time of registration:
(1) A statement of the number of volunteer and paid health care professionals and health care workers providing health care services at the free clinic or federally qualified health center look-alike at that time;
(2) A statement of the number of health care services rendered by the free clinic or federally qualified health center look-alike during the previous fiscal year;
(3) A signed form acknowledging that the free clinic or federally qualified health center look-alike agrees to follow its medical liability insurer's risk management and loss prevention policies;
(4) A copy of the medical liability insurance policy purchased by the free clinic or federally qualified health center look-alike, or the policy's declaration page, and documentation of the premiums paid by the clinic or center.
(C) The department of health shall reimburse free clinics and federally qualified health center look-alikes participating in the professional liability insurance reimbursement program for up to eighty per cent of the premiums that the free clinic or center pays for medical liability insurance coverage up to twenty thousand dollars. Appropriations to the department of health may be made from the general fund of the state for this purpose.
(D) As used in this section:
(1) "Federally qualified health center look-alike" means a public or not-for-profit health center that meets the eligibility requirements to receive a federal public health services grant under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, but does not receive grant funding.
(2) "Free clinic" means a nonprofit organization exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," as amended, or a program component of a nonprofit organization, whose primary mission is to provide health care services for free or for a minimal administrative fee to individuals with limited resources. A free clinic facilitates the delivery of health care services through the use of volunteer health care professionals and voluntary care networks. For this purpose, a free clinic shall comply with all of the following:
(a) If a free clinic does request a minimal administrative fee, a free clinic shall not deny an individual access to its health care services based on an individual's ability to pay the fee.
(b) A free clinic shall not bill a patient for health care services rendered.
(c) Free clinics shall not perform operations, as defined by divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised Code.
A clinic is not a free clinic if the clinic bills medicaid, medicare, or other third-party payers for health care services rendered at the clinic, and receives twenty-five per cent or more of the clinic's annual revenue from the third-party payments.
(2)(3) "Health care professional" and "health care worker" have the same meanings as in section 2305.234 of the Revised Code.
Sec. 2913.40. (A) As used in this section:
(1)
"Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medical assistance program or
that states income and expense and is or may be used to determine
a rate of reimbursement under the medical assistance program.
(2)
"Medical assistance program" means the program
established by the department of job and family services
to
provide
medical assistance under section 5111.01 of the Revised
Code and
the medicaid program of Title XIX of the
"Social Security
Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(3)
"Provider" means any person who has signed a provider
agreement with the department of job and family services
to
provide goods
or services pursuant to the medical assistance
program or any
person who has signed an agreement with a party to
such a
provider agreement under which the person agrees to provide
goods
or services that are reimbursable under the medical
assistance
program.
(4)
"Provider agreement" means an oral or written
agreement
between the department of job and family
services and a person
in
which the person agrees to provide goods or services under the
medical assistance program.
(5)
"Recipient" means any individual who receives goods or
services from a provider under the medical assistance program.
(6)
"Records" means any medical, professional, financial,
or
business records relating to the treatment or care of any
recipient, to goods or services provided to any recipient, or to
rates paid for goods or services provided to any recipient and
any
records that are required by the rules of the
director of job and
family services to be kept for
the medical
assistance program.
(B) No person shall knowingly make or cause to be made a
false or misleading statement or representation for use in
obtaining reimbursement from the medical assistance program.
(C) No person, with purpose to commit fraud or knowing
that
the person is facilitating a fraud, shall do either of the
following:
(1) Contrary to the terms of the person's provider
agreement,
charge, solicit, accept, or receive for goods or
services that the
person
provides under the medical assistance
program any property,
money, or other consideration in addition to
the amount of
reimbursement under the medical assistance program
and the person's
provider agreement for the goods or services and
any deductibles
or co-payments cost-sharing expenses authorized by
section
5111.0112 of
the Revised Code
or rules
adopted
pursuant to section 5111.01, 5111.011, or 5111.02 of the Revised Code.
(2) Solicit, offer, or receive any remuneration, other
than
any deductibles or co-payments cost-sharing expenses authorized by section 5111.0112 of the Revised Code or
rules adopted under
section
5111.01, 5111.011, or 5111.02 of
the Revised Code,
in cash or in kind, including,
but not
limited to, a
kickback or
rebate, in connection with the
furnishing of goods or
services for
which whole or partial
reimbursement is or may be
made under the
medical assistance
program.
(D) No person, having submitted a claim for or provided
goods or services under the medical assistance program, shall do
either of the following for a period of at least six years after
a
reimbursement pursuant to that claim, or a reimbursement for
those
goods or services, is received under the medical assistance
program:
(1) Knowingly alter, falsify, destroy, conceal, or remove
any records that are necessary to fully disclose the nature of
all
goods or services for which the claim was submitted, or for
which
reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove
any records that are necessary to disclose fully all income and
expenditures upon which rates of reimbursements were based for
the
person.
(E) Whoever violates this section is guilty of medicaid
fraud. Except as otherwise provided in this division,
medicaid
fraud is a
misdemeanor of the first degree. If the value of
property, services, or funds
obtained in violation of this section
is five hundred dollars or more and is
less than five thousand
dollars, medicaid fraud is a felony of the fifth
degree. If the
value of property, services, or funds obtained in violation of
this section is five thousand dollars or more and is less than one
hundred
thousand dollars, medicaid fraud is
a felony of the fourth
degree. If the value of the
property, services, or funds obtained
in violation of this
section is one hundred thousand dollars or
more, medicaid fraud is
a
felony of the third degree.
(F) Upon application of the governmental agency, office,
or
other entity that conducted the investigation and prosecution
in a
case under this section, the court shall order any person
who is
convicted of a violation of this section for receiving any
reimbursement for furnishing goods or services under the medical
assistance program to which the person is not entitled to
pay to
the
applicant its cost of investigating and prosecuting the case.
The costs of investigation and prosecution that a defendant is
ordered to pay pursuant to this division shall be in addition to
any other penalties for the receipt of that reimbursement that
are
provided in this section, section 5111.03 of the Revised
Code, or
any other provision of law.
(G) The provisions of this section are not intended to be
exclusive remedies and do not preclude the use of any other
criminal or civil remedy for any act that is in violation of this
section.
Sec. 2921.42. (A) No public official shall knowingly do
any of the following:
(1) Authorize, or employ the authority or influence of his the
public official's
office to secure authorization of any public contract in which
he the public official, a member of his the public
official's family, or any of his the public official's
business associates has
an interest;
(2) Authorize, or employ the authority or influence of his the
public official's
office to secure the investment of public funds in any share,
bond, mortgage, or other security, with respect to which he the
public official, a
member of his the public official's family, or any of his
the public official's business associates either
has an interest, is an underwriter, or receives any brokerage,
origination, or servicing fees;
(3) During his the public official's term of office or within
one year
thereafter, occupy any position of profit in the prosecution of a
public contract authorized by him the public official or by a
legislative body,
commission, or board of which he the public official was a
member at the time of
authorization, unless the contract was let by competitive bidding
to the lowest and best bidder;
(4) Have an interest in the profits or benefits of a
public contract entered into by or for the use of the political
subdivision or governmental agency or instrumentality with which
he the public official is connected;
(5) Have an interest in the profits or benefits of a
public contract that is not let by competitive bidding if
required by law and that involves more than one hundred fifty
dollars.
(B) In the absence of bribery or a purpose to defraud, a
public official, member of his a public official's family, or
any of his a public official's business
associates shall not be considered as having an interest in a
public contract or the investment of public funds, if all of the
following apply:
(1) The interest of that person is limited to owning or
controlling shares of the corporation, or being a creditor of the
corporation or other organization, that is the contractor on the
public contract involved, or that is the issuer of the security
in which public funds are invested;
(2) The shares owned or controlled by that person do not
exceed five per cent of the outstanding shares of the
corporation, and the amount due that person as creditor does not
exceed five per cent of the total indebtedness of the corporation
or other organization;
(3) That person, prior to the time the public contract is
entered into, files with the political subdivision or
governmental agency or instrumentality involved, an affidavit
giving his that person's exact status in connection with the
corporation or
other organization.
(C) This section does not apply to a public contract in
which a public official, member of his a public official's
family, or one of his a public official's
business associates has an interest, when all of the following
apply:
(1) The subject of the public contract is necessary
supplies or services for the political subdivision or
governmental agency or instrumentality involved;
(2) The supplies or services are unobtainable elsewhere
for the same or lower cost, or are being furnished to the
political subdivision or governmental agency or instrumentality
as part of a continuing course of dealing established prior to
the public official's becoming associated with the political
subdivision or governmental agency or instrumentality involved;
(3) The treatment accorded the political subdivision or
governmental agency or instrumentality is either preferential to
or the same as that accorded other customers or clients in
similar transactions;
(4) The entire transaction is conducted at arm's length,
with full knowledge by the political subdivision or governmental
agency or instrumentality involved, of the interest of the public
official, member of his the public official's family, or
business associate, and the
public official takes no part in the deliberations or decision of
the political subdivision or governmental agency or
instrumentality with respect to the public contract.
(D) Division (A)(4) of this section does not prohibit
participation by a public employee in any housing program funded
by public moneys if the public employee otherwise qualifies for
the program and does not use the authority or influence of his the
public employee's
office or employment to secure benefits from the program and if
the moneys are to be used on the primary residence of the public
employee. Such participation does not constitute an unlawful
interest in a public contract in violation of this section.
(E) Whoever violates this section is guilty of having an
unlawful interest in a public contract. Violation of division
(A)(1) or (2) of this section is a felony of the fourth degree.
Violation of division (A)(3), (4), or (5) of this section is a
misdemeanor of the first degree.
(F) It is not a violation of this section for a
prosecuting attorney to appoint assistants and employees in
accordance with sections 309.06 and 2921.421 of the Revised Code,
for a chief legal officer of a municipal corporation or an
official designated as prosecutor in a municipal corporation to
appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, or for a township law
director appointed under section 504.15 of the Revised Code to
appoint assistants and employees in accordance with sections
504.151 and 2921.421 of the Revised Code.
(F)(G) This section does not apply to a public contract in
which a township trustee in a township with a population of five
thousand or less in its unincorporated area, a member of the
township trustee's family, or one of his the township trustee's
business associates has
an interest, if all of the following apply:
(1) The subject of the public contract is necessary
supplies or services for the township and the amount of the
contract is less than five thousand dollars per year;
(2) The supplies or services are being furnished to the
township as part of a continuing course of dealing established
before the township trustee held that office with the township;
(3) The treatment accorded the township is either
preferential to or the same as that accorded other customers or
clients in similar transactions;
(4) The entire transaction is conducted with full
knowledge by the township of the interest of the township
trustee, member of his the township trustee's family, or
his the township trustee's business associate.
(G)(H) Any public contract in which a public official, a member of the public official's family, or any of the public official's business associates has an interest in violation of this section is void and unenforceable. Any contract securing the investment of public funds in which a public official, a member of the public official's family, or any of the public official's business associates has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees and that was entered into in violation of this section is void and unenforceable.
(I) As used in this section:
(1) "Public contract" means any of the following:
(a) The purchase or acquisition, or a contract for the
purchase or acquisition, of property or services by or for the
use of the state, any of its political subdivisions, or any
agency or instrumentality of either, including the employment of
an individual by the state, any of its political subdivisions, or
any agency or instrumentality of either;
(b) A contract for the design, construction, alteration,
repair, or maintenance of any public property.
(2) "Chief legal officer" has the same meaning as in
section 733.621 of the Revised Code.
Sec. 2927.023. (A) As used in this section "authorized recipient of tobacco products" means a person who is:
(1) Licensed as a cigarette wholesale dealer under section 5743.15 of the Revised Code;
(2) Licensed as a distributor of tobacco products under section 5743.61 of the Revised Code retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed;
(3) An export warehouse proprietor as defined in section 5702 of the Internal Revenue Code;
(4) An operator of a customs bonded warehouse under 19 U.S.C. 1311 or 19 U.S.C. 1555;
(5) An officer, employee, or agent of the federal government or of this state acting in the person's official capacity;
(6) A department, agency, instrumentality, or political subdivision of the federal government or of this state;
(7) A person having a consent for consumer shipment issued by the tax commissioner under section 5743.71 of the Revised Code.
The purpose of this section is to prevent the sale of cigarettes to minors and to ensure compliance with the Master Settlement Agreement, as defined in section 1346.01 of the Revised Code.
(B)(1) No person shall cause to be shipped any cigarettes to any person in this state other than an authorized recipient of tobacco products.
(2) No common carrier, contract carrier, or other person shall knowingly transport cigarettes to any person in this state that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes are transported to a home or residence, it shall be presumed that the common carrier, contract carrier, or other person knew that the person to whom the cigarettes were delivered was not an authorized recipient of tobacco products.
(C) No person engaged in the business of selling cigarettes who ships or causes to be shipped cigarettes to any person in this state in any container or wrapping other than the original container or wrapping of the cigarettes shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes are shipped with the words "cigarettes."
(D) A court shall impose a fine of up to one thousand dollars for each violation of division (B)(1), (B)(2), or (C) of this section.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit
authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under
section 3345.04 of the Revised Code, veterans' home
police
officer appointed under section 5907.02 of the Revised Code,
special police officer employed by a port authority under section
4582.04 or 4582.28 of the Revised Code, or a special police
officer employed by a municipal corporation at a municipal
airport, or other municipal air navigation facility, that has
scheduled operations, as defined in section 119.3 of Title 14 of
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and
that is required to be under a security program and is governed by
aviation security rules of the transportation security
administration of the United States department of transportation
as provided in Parts 1542. and 1544. of Title 49 of the Code of
Federal Regulations, as amended, shall
arrest and detain,
until a
warrant can be obtained, a
person found violating, within
the
limits of the political
subdivision, metropolitan housing
authority housing project, regional
transit authority facilities
or areas of a municipal corporation that
have been agreed to by a
regional transit authority and a municipal
corporation located
within its territorial
jurisdiction, college,
university,
veterans' home operated under Chapter 5907. of the Revised Code,
port authority, or municipal airport or other
municipal air navigation facility, in
which the peace
officer is
appointed, employed, or elected, a law of this state,
an ordinance
of a municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the Revised
Code
shall arrest and detain,
until a warrant can be obtained, a person
found violating,
within the limits of the peace officer's or
individual's
territorial jurisdiction, a law of this state.
(3) The house sergeant at arms if the house sergeant at arms
has
arrest authority pursuant to division (E)(1) of section
101.311 of the Revised Code
and an assistant house sergeant at
arms shall arrest and detain, until a
warrant can be obtained, a
person found violating, within the limits of the
sergeant at
arms's or assistant sergeant at
arms's territorial
jurisdiction
specified in division (D)(1)(a) of section 101.311
of
the Revised Code or
while providing security pursuant to division
(D)(1)(f)
of section 101.311 of the Revised Code, a
law of this
state, an ordinance of a municipal corporation, or a resolution of
a township.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection
order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of
the Revised Code, the offense
of aggravated trespass as defined in
section 2911.211 of the
Revised Code, a theft offense as defined
in section 2913.01 of
the Revised Code, or a felony drug abuse
offense as defined in
section 2925.01 of the Revised Code, has
been committed within
the limits of the political subdivision,
metropolitan housing
authority housing project,
regional
transit
authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a
municipal corporation
located within its territorial jurisdiction,
college, university,
veterans' home operated under Chapter 5907. of the Revised Code,
port authority, or
municipal airport or other municipal air navigation facility, in
which the peace
officer is appointed, employed, or
elected or
within the limits of the territorial jurisdiction of the peace
officer, a peace officer described in division
(A) of this section
may arrest and detain until a
warrant can be obtained any person
who the peace officer
has reasonable cause to believe is guilty of
the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to
believe that the offense alleged in the statement was
committed
and reasonable cause to believe that the person alleged
in the
statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged
offender has committed the offense of menacing by
stalking or
aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under
an order made pursuant to or under authority of section
2945.37,
2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised
Code has escaped from the facility, from confinement in a
vehicle
for transportation to or from the facility, or from
supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility
in which a person has been
hospitalized, institutionalized, or
confined under an order made
pursuant to or under authority of
section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped
from the facility, from confinement in a
vehicle for
transportation to or from the facility, or from
supervision by an
employee of the facility that is incidental to
hospitalization,
institutionalization, or confinement in the
facility and that
occurs outside of the facility, in violation of
section 2921.34 of
the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a
peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been
committed and
reasonable cause to
believe that a particular person
is guilty of committing the
offense if any of the following
occurs:
(i) A person executes a written statement
alleging that the
person in question has committed the offense of
domestic violence
or the offense of violating a protection order
against the person
who executes the
statement or against a child of the person who
executes the
statement.
(ii) No written statement of the type described
in division
(B)(3)(a)(i) of this
section is executed, but the peace officer,
based upon the peace
officer's own knowledge and observation of
the facts and circumstances of
the alleged incident of the offense
of domestic violence or the
alleged incident of the offense of
violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of
the alleged incident of the offense or any witness of the alleged
incident
of the offense, concludes that there are reasonable
grounds to
believe that the offense of domestic violence or the
offense of
violating a protection order has been
committed and
reasonable cause to believe that the person in
question is guilty
of committing the offense.
(iii) No written statement of the type
described in division
(B)(3)(a)(i)
of this section is executed, but the peace officer
witnessed
the person in question commit the offense of domestic
violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a
peace officer has
reasonable grounds to believe that the offense
of domestic
violence or the offense of violating a protection
order has been committed and
reasonable cause to
believe that a
particular person is guilty of committing the
offense, it is the
preferred course of action in this state that
the officer arrest
and detain that person pursuant to division
(B)(1) of this section
until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace
officer has reasonable grounds to
believe that the offense of
domestic violence or the offense of
violating a protection order
has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and
detain until a warrant can be obtained the family or
household
member who committed the offense and whom the officer
has
reasonable cause to believe is the primary physical
aggressor.
There is no preferred course of action in this state
regarding any
other family or household member who committed the
offense and
whom the officer does not have reasonable cause to
believe is the
primary physical aggressor, but, pursuant to
division (B)(1) of
this section, the peace officer may
arrest and detain until a
warrant can be obtained any other
family or household member who
committed the offense and whom the
officer does not have
reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this
section does not arrest and detain a
person whom the officer has
reasonable cause to believe committed
the offense of domestic
violence or the offense of violating a
protection order when it is
the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the
officer shall articulate in the
written report of the incident
required by section 2935.032 of the
Revised Code a clear statement
of the officer's reasons for not
arresting and detaining that
person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of
this section which family or
household member is the primary
physical aggressor in a situation
in which family or household
members have committed the offense
of domestic violence or the
offense of violating a protection
order against each other, a
peace officer
described in division (A) of this section, in
addition
to any other relevant circumstances, should consider all
of the
following:
(i) Any history of domestic violence or of any
other violent
acts by either person involved in the alleged
offense that the
officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence
was caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting
from the other person's threatened use of force
against any person
or resulting from the other person's use or
history of the use of
force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by
the persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this
section shall not require, as a
prerequisite to arresting or
charging a person who has committed
the offense of domestic
violence or the offense of violating a
protection order, that the
victim of the
offense specifically consent to the filing of
charges against the
person who has committed the offense or sign a
complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing
the offense of domestic violence or the offense
of violating a
protection order and if the
victim of the offense does not
cooperate with the involved law
enforcement or prosecuting
authorities in the prosecution of the
offense or, subsequent to
the arrest or the filing of the
charges, informs the involved law
enforcement or prosecuting
authorities that the victim does not
wish the prosecution of the
offense to continue or wishes to drop
charges against the alleged
offender relative to the offense, the
involved prosecuting
authorities, in determining whether to
continue with the
prosecution of the offense or whether to dismiss
charges against
the alleged offender relative to the offense and
notwithstanding
the victim's failure to cooperate or the victim's
wishes, shall
consider all facts and circumstances that are
relevant to the
offense, including, but not limited to, the
statements and
observations of the peace officers who responded to
the incident
that resulted in the arrest or filing of the charges
and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of
this section
whether to arrest a person pursuant to division
(B)(1) of
this section, a peace officer described in division
(A)
of this section shall not consider as a factor any
possible
shortage of cell space at the detention facility to
which the
person will be taken subsequent to the person's
arrest or any
possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any
other
detention facility.
(g) If a peace officer described in division (A) of
this
section intends
pursuant to
divisions (B)(3)(a) to (g) of this
section to arrest a person pursuant to
division (B)(1) of this
section and if the officer is
unable to
do so because the person
is not present, the officer promptly shall seek a
warrant for the
arrest of the person.
(h) If a peace officer described in division
(A) of this
section responds to a report of an alleged
incident of the offense
of domestic violence or an alleged
incident of the offense of
violating a
protection order and if the circumstances
of the
incident
involved the use or threatened use of a deadly weapon or
any
person involved in the incident brandished a deadly weapon
during
or in relation to the incident, the deadly weapon that was
used,
threatened to be used, or brandished constitutes contraband,
and,
to the extent possible, the officer shall seize the deadly
weapon
as contraband pursuant to Chapter 2981. of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division
(B)(3)(h) of this section, section 2981.12 of the Revised
Code
shall apply regarding the treatment and disposition
of the deadly
weapon. For purposes of that section, the
"underlying criminal
offense" that was the basis of the
seizure of a deadly weapon
under division (B)(3)(h) of
this section and to which the
deadly
weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence
or the alleged incident of the offense of
violating a protection
order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and
circumstances as the report of the alleged incident of
the offense
of domestic violence or the alleged incident of the
offense of
violating a protection order to
which the officer who seized the
deadly weapon responded.
(4) If, in the circumstances described in divisions
(B)(3)(a) to (g) of
this section, a peace officer described in
division
(A) of this section arrests and detains a person
pursuant
to division (B)(1) of this section, or if,
pursuant to division
(B)(3)(h) of this
section, a peace officer described in division
(A) of
this section seizes a deadly weapon, the officer, to the
extent
described in and in accordance with section 9.86 or 2744.03
of
the Revised Code, is immune in any civil action
for damages for
injury, death, or loss to person or property that
arises from or
is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A)(1), (2), (3), (4), or (5) of section 4506.15 or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by
a
regional transit authority under division (Y) of section 306.35
of the Revised
Code, special police officer employed by a port
authority under section
4582.04 or 4582.28 of the Revised Code,
special police officer employed by a municipal corporation at a
municipal airport or other municipal air navigation facility
described in division (A) of this section, township constable,
police officer of a
township or joint township
police district,
state university
law enforcement officer
appointed under section
3345.04 of the
Revised Code, peace officer
of the department of
natural
resources, individual designated to
perform law
enforcement duties
under
section 511.232, 1545.13, or
6101.75 of
the Revised Code, the house
sergeant at arms if the
house sergeant
at arms has arrest authority pursuant
to division
(E)(1) of
section 101.311 of the Revised Code, or an assistant
house
sergeant at arms is authorized by
division (A) or
(B) of
this
section
to arrest and detain, within the limits of the
political
subdivision, metropolitan housing authority housing
project,
regional
transit authority facilities or those areas of a
municipal
corporation that have been agreed to by a regional
transit authority and a
municipal corporation located within its
territorial jurisdiction,
port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which the officer is
appointed,
employed, or elected or within
the
limits of the territorial jurisdiction
of the peace officer, a
person until a warrant can be obtained, the peace
officer, outside
the limits of that
territory, may pursue, arrest, and detain that
person until a warrant
can be
obtained if all of the following
apply:
(1) The pursuit takes place without unreasonable delay
after
the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional
transit authority
and a municipal corporation located within its
territorial
jurisdiction, port authority,
municipal airport or
other municipal air navigation facility, college, or university
in
which
the peace officer is
appointed, employed, or elected or
within the limits of the
territorial jurisdiction of the peace
officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to section 4510.036 of the
Revised Code.
(E) In addition to the authority granted under division
(A)
or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until
a warrant can be obtained, any person found violating
section
4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section
4549.62, or Chapter 4511. or 4513. of the
Revised Code on the
portion of any street or highway that is
located immediately
adjacent to the boundaries of the county in
which the sheriff or
deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised
Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a
state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected,
or employed by a municipal corporation may arrest and
detain,
until a warrant can be obtained, any person found
violating any
section or chapter of the Revised Code listed in
division (E)(1)
of this section on the portion of any street or
highway that is
located immediately adjacent to the boundaries of
the municipal
corporation in which the police officer or village
marshal is
appointed, elected, or employed.
(4) A peace
officer of the department of natural resources
or an individual
designated to perform law enforcement duties
under section
511.232, 1545.13, or 6101.75 of the
Revised Code may
arrest and detain,
until a warrant can be obtained, any person
found violating any
section or chapter of the Revised
Code listed
in division
(E)(1) of this section, other
than sections 4513.33
and 4513.34 of the
Revised
Code, on the portion of any
street or
highway that is located immediately adjacent to the
boundaries of
the lands and waters that constitute the
territorial jurisdiction
of the peace officer.
(F)(1) A department of mental health special police officer
or
a department of mental retardation and developmental
disabilities
special police officer may arrest without a warrant
and detain until a
warrant can be obtained any person found
committing on the
premises of any institution under the
jurisdiction of the
particular department a misdemeanor under a
law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain
until a
warrant can be obtained any person who has been
hospitalized,
institutionalized, or confined in an institution
under the
jurisdiction of the particular department pursuant to or
under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is
found committing on the
premises of any institution under the
jurisdiction of the
particular department a violation of section
2921.34 of the
Revised Code that involves an escape from the
premises of the
institution.
(2)(a) If a department of mental health special police
officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or
under authority of section 2945.37, 2945.371, 2945.38,
2945.39,
2945.40, 2945.401, or
2945.402 of the Revised Code committing a
violation of
section 2921.34 of the Revised Code that involves an
escape from
the premises of the institution, or if there is
reasonable ground
to believe that a violation of section 2921.34
of the Revised
Code has been committed that involves an escape
from the premises
of an institution under the jurisdiction of the
department of
mental health or the department of mental
retardation and
developmental disabilities and if a department of
mental health
special police officer or a department of mental
retardation and
developmental disabilities special police officer
has reasonable cause
to believe that a particular person who has
been hospitalized,
institutionalized, or confined in the
institution pursuant to or
under authority of section 2945.37,
2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the
Revised Code is guilty of the violation, the
special police
officer, outside of the premises of the institution,
may pursue,
arrest, and detain that person for that violation of
section
2921.34 of the Revised Code, until a warrant can be
obtained, if
both of the following apply:
(i) The pursuit takes place without unreasonable delay
after
the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the
execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code alleging that the person has escaped
from the
premises of the institution in violation of section
2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed
the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police
officer of the
department of mental retardation and developmental
disabilities
designated under section 5123.13 of the Revised Code
who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in
section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section
4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources"
means an employee of the
department of natural resources who is
a
natural resources law enforcement staff officer designated
pursuant to
section 1501.013 of the Revised Code, a forest officer designated
pursuant
to section 1503.29 of the Revised Code, a preserve officer designated
pursuant to
section 1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to section
1541.10 of the Revised Code, or
a state watercraft officer
designated pursuant to section 1547.521
of the
Revised Code.
(8) "Portion of any street or highway" means all lanes of the street or highway irrespective of direction of travel, including designated turn lanes, and any berm, median, or shoulder.
Sec. 3109.04. (A) In any divorce, legal separation, or
annulment proceeding and in any proceeding pertaining to the
allocation of parental rights and responsibilities for the care
of
a child, upon hearing the testimony of either or both parents
and
considering any mediation report filed pursuant to section
3109.052 of the Revised Code and in accordance with sections
3127.01 to 3127.53 of the Revised Code, the court shall allocate
the parental rights and responsibilities for the care of the
minor
children of the marriage. Subject to division (D)(2) of
this
section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways:
(1) If neither parent files a pleading or motion in
accordance with division (G) of this section, if at least one
parent files a pleading or motion under that division but no
parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent
files
both a pleading or motion and a shared parenting plan under
that
division but no plan for shared parenting is in the best
interest
of the children, the court, in a manner consistent with
the best
interest of the children, shall allocate the parental
rights and
responsibilities for the care of the children
primarily to one of
the parents, designate that parent as the
residential parent and
the legal custodian of the child, and
divide between the parents
the other rights and responsibilities
for the care of the
children, including, but not limited to, the
responsibility to
provide support for the children and the right
of the parent who
is not the residential parent to have
continuing contact with the
children.
(2) If at least one parent files a pleading or motion in
accordance with division (G) of this section and a plan for
shared
parenting pursuant to that division and if a plan for
shared
parenting is in the best interest of the children and is
approved
by the court in accordance with division (D)(1) of this
section,
the court may allocate the parental rights and
responsibilities
for the care of the children to both parents and
issue a shared
parenting order requiring the parents to share all
or some of the
aspects of the physical and legal care of the
children in
accordance with the approved plan for shared
parenting. If the
court issues a shared parenting order under
this division and it
is necessary for the purpose of receiving
public assistance, the
court shall designate which one of the
parents' residences is to
serve as the child's home. The child
support obligations of the
parents under a shared parenting order
issued under this division
shall be determined in accordance with
Chapters 3119., 3121.,
3123.,
and 3125. of the Revised Code.
(B)(1) When making the allocation of the parental rights
and
responsibilities for the care of the children under this
section
in an original proceeding or in any proceeding for
modification of
a prior order of the court making the allocation,
the court shall
take into account that which would be in the best
interest of the
children. In determining the child's best
interest for purposes
of making its allocation of the parental
rights and
responsibilities for the care of the child and for
purposes of
resolving any issues related to the making of that
allocation, the
court, in its discretion, may and, upon the
request of either
party, shall interview in chambers any or all
of the involved
children regarding their wishes and concerns with
respect to the
allocation.
(2) If the court interviews any child pursuant to division
(B)(1) of this section, all of the following apply:
(a) The court, in its discretion, may and, upon the motion
of either parent, shall appoint a guardian ad litem for the
child.
(b) The court first shall determine the reasoning ability
of
the child. If the court determines that the child does not
have
sufficient reasoning ability to express the child's
wishes and
concern with respect to the allocation of parental rights and
responsibilities for the care of the child, it shall not
determine
the child's wishes and concerns with respect to the
allocation.
If the court determines that the child has
sufficient reasoning
ability to express the child's wishes
or concerns
with respect to
the allocation, it then shall determine whether,
because of
special circumstances, it would not be in the best
interest of the
child to determine the child's wishes and
concerns with respect to
the allocation. If the court determines
that, because of special
circumstances, it would not be in the
best interest of the child
to determine the child's wishes and
concerns with respect to the
allocation, it shall not determine
the child's wishes and concerns
with respect to the allocation
and shall enter its written
findings of fact and opinion in the
journal. If the court
determines that it would be in the best
interests of the child to
determine the child's wishes and
concerns with respect to the
allocation, it shall proceed to make
that determination.
(c) The interview shall be conducted in chambers, and no
person other than the child, the child's attorney, the judge, any
necessary court personnel, and, in the judge's discretion, the
attorney of each parent shall be permitted to be present in the
chambers during the interview.
(3) No person shall obtain or attempt to obtain from a
child
a written or recorded statement or affidavit setting forth
the
child's wishes and concerns regarding the allocation of
parental
rights and responsibilities concerning the child. No
court, in
determining the child's best interest for purposes of
making its
allocation of the parental rights and responsibilities
for the
care of the child or for purposes of resolving any issues
related
to the making of that allocation, shall accept or
consider a
written or recorded statement or affidavit that
purports to set
forth the child's wishes and concerns regarding
those matters.
(C) Prior to trial, the court may cause an investigation
to
be made as to the character, family relations, past conduct,
earning ability, and financial worth of each parent and may order
the parents and their minor children to submit to medical,
psychological, and psychiatric examinations. The report of the
investigation and examinations shall be made available to either
parent or the parent's counsel of record not less than five
days
before
trial, upon written request. The report shall be signed by
the
investigator, and the investigator shall be subject to
cross-examination by either parent concerning the contents of the
report. The court may tax as costs all or any part of the
expenses for each investigation.
If the court determines that either parent previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being a neglected
child, that either parent previously has been determined to be
the
perpetrator of the neglectful act that is the basis of an
adjudication that a child is a neglected child, or that there is
reason to believe that either parent has acted in a manner
resulting in a child being a neglected child, the court shall
consider that fact against naming that parent the residential
parent and against granting a shared parenting decree. When the
court allocates parental rights and responsibilities for the care
of children or determines whether to grant shared parenting in
any
proceeding, it shall consider whether either parent or any member of the household of either parent has been
convicted of or pleaded guilty to a violation of section 2919.25
of the Revised Code or a sexually oriented offense involving a victim who at the time of the
commission of the offense was a member of the family or household
that is the subject of the proceeding, has been convicted of or
pleaded guilty to any sexually oriented offense or other offense involving a victim who at the
time of the commission of the offense was a member of the family
or household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child.
If the court determines that either parent has been convicted of
or pleaded guilty to a violation of section 2919.25 of the
Revised
Code or a sexually oriented offense involving a victim who at the time of the commission
of the
offense was a member of the family or household that is
the
subject of the proceeding, has been convicted of or pleaded
guilty
to any sexually oriented offense or other offense involving a victim who at the time of
the
commission of the offense was a member of the family or
household
that is the subject of the proceeding and caused
physical harm to
the victim in the commission of the offense, or
has been
determined to be the perpetrator of the abusive act that
is the
basis of an adjudication that a child is an abused child,
it may
designate that parent as the residential parent and may
issue a
shared parenting decree or order only if it determines
that it is
in the best interest of the child to name that parent
the
residential parent or to issue a shared parenting decree or
order
and it makes specific written findings of fact to support
its
determination.
(D)(1)(a) Upon the filing of a pleading or motion by
either
parent or both parents, in accordance with division (G) of
this
section, requesting shared parenting and the filing of a
shared
parenting plan in accordance with that division, the court
shall
comply with division (D)(1)(a)(i), (ii), or (iii) of this
section,
whichever is applicable:
(i) If both parents jointly make the request in their
pleadings or jointly file the motion and also jointly file the
plan, the court shall review the parents' plan to determine if it
is in the best interest of the children. If the court determines
that the plan is in the best interest of the children, the court
shall approve it. If the court determines that the plan or any
part of the plan is not in the best interest of the children, the
court shall require the parents to make appropriate changes to
the
plan to meet the court's objections to it. If changes to the
plan
are made to meet the court's objections, and if the new plan
is in
the best interest of the children, the court shall approve
the
plan. If changes to the plan are not made to meet the
court's
objections, or if the parents attempt to make changes to
the plan
to meet the court's objections, but the court determines
that the
new plan or any part of the new plan still is not in the
best
interest of the children, the court may reject the portion
of the
parents' pleadings or deny their motion requesting shared
parenting of the children and proceed as if the request in the
pleadings or the motion had not been made. The court shall not
approve a plan under this division unless it determines that the
plan is in the best interest of the children.
(ii) If each parent makes a request in the parent's
pleadings or
files a motion and each also files a separate plan,
the
court shall review each plan filed to determine if either is
in
the best interest of the children. If the court determines
that
one of the filed plans is in the best interest of the
children,
the court may approve the plan. If the court determines
that
neither filed plan is in the best interest of the children,
the
court may order each parent to submit appropriate changes to
the parent's plan or both of the filed plans to meet the court's
objections, or may select one of the filed plans and order each
parent to submit appropriate changes to the selected plan to meet
the court's objections. If changes to the plan or plans are
submitted to meet the court's objections, and if any of the filed
plans with the changes is in the best interest of the children,
the court may approve the plan with the changes. If changes to
the plan or plans are not submitted to meet the court's
objections, or if the parents submit changes to the plan or plans
to meet the court's objections but the court determines that none
of the filed plans with the submitted changes is in the best
interest of the children, the court may reject the portion of the
parents' pleadings or deny their motions requesting shared
parenting of the children and proceed as if the requests in the
pleadings or the motions had not been made. If the court
approves
a plan under this division, either as originally filed
or with
submitted changes, or if the court rejects the portion of
the
parents' pleadings or denies their motions requesting shared
parenting under this division and proceeds as if the requests in
the pleadings or the motions had not been made, the court shall
enter in the record of the case findings of fact and conclusions
of law as to the reasons for the approval or the rejection or
denial. Division (D)(1)(b) of this section applies in relation
to
the approval or disapproval of a plan under this division.
(iii) If each parent makes a request in the parent's
pleadings or
files a motion but only one parent files a plan, or
if
only
one parent makes a request in the parent's pleadings or
files a motion and
also files a plan, the court in the best
interest of the children
may order the other parent to file a plan
for shared parenting in
accordance with division (G) of this
section. The court shall
review each plan filed to determine if
any plan is in the best
interest of the children. If the court
determines that one of
the filed plans is in the best interest of
the children, the
court may approve the plan. If the court
determines that no
filed plan is in the best interest of the
children, the court may
order each parent to submit appropriate
changes to the
parent's plan
or both of the filed plans to meet
the court's objections or may
select one filed plan and order each
parent to submit appropriate
changes to the selected plan to meet
the court's objections. If
changes to the plan or plans are
submitted to meet the court's
objections, and if any of the filed
plans with the changes is in
the best interest of the children,
the court may approve the plan
with the changes. If changes to
the plan or plans are not
submitted to meet the court's
objections, or if the parents
submit changes to the plan or plans
to meet the court's
objections but the court determines that none
of the filed plans
with the submitted changes is in the best
interest of the
children, the court may reject the portion of the
parents'
pleadings or deny the parents' motion or reject the
portion of
the parents' pleadings or deny their motions requesting
shared
parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the
court
approves a plan under this division, either as originally
filed or
with submitted changes, or if the court rejects the
portion of the
pleadings or denies the motion or motions
requesting shared
parenting under this division and proceeds as
if the request or
requests or the motion or motions had not been
made, the court
shall enter in the record of the case findings of
fact and
conclusions of law as to the reasons for the approval or
the
rejection or denial. Division (D)(1)(b) of this section
applies
in relation to the approval or disapproval of a plan
under this
division.
(b) The approval of a plan under division (D)(1)(a)(ii) or
(iii) of this section is discretionary with the court. The court
shall not approve more than one plan under either division and
shall not approve a plan under either division unless it
determines that the plan is in the best interest of the children.
If the court, under either division, does not determine that any
filed plan or any filed plan with submitted changes is in the
best
interest of the children, the court shall not approve any
plan.
(c) Whenever possible, the court shall require that a
shared
parenting plan approved under division (D)(1)(a)(i), (ii),
or
(iii) of this section ensure the opportunity for both parents
to
have frequent and continuing contact with the child, unless
frequent and continuing contact with any parent would not be in
the best interest of the child.
(d) If a court approves a shared parenting plan under
division (D)(1)(a)(i), (ii), or (iii) of this section, the
approved plan shall be incorporated into a final shared parenting
decree granting the parents the shared parenting of the children.
Any final shared parenting decree shall be issued at the same
time
as and shall be appended to the final decree of dissolution,
divorce, annulment, or legal separation arising out of the action
out of which the question of the allocation of parental rights
and
responsibilities for the care of the children arose.
No provisional shared parenting decree shall be issued in
relation to any shared parenting plan approved under division
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared
parenting decree issued under this division has immediate effect
as a final decree on the date of its issuance, subject to
modification or termination as authorized by this section.
(2) If the court finds, with respect to any child under
eighteen years of age, that it is in the best interest of the
child for neither parent to be designated the residential parent
and legal custodian of the child, it may commit the child to a
relative of the child or certify a copy of its findings, together
with as much of the record and the further information, in
narrative form or otherwise, that it considers necessary or as
the
juvenile court requests, to the juvenile court for further
proceedings, and, upon the certification, the juvenile court has
exclusive jurisdiction.
(E)(1)(a) The court shall not modify a prior decree
allocating parental rights and responsibilities for the care of
children unless it finds, based on facts that have arisen since
the prior decree or that were unknown to the court at the time of
the prior decree, that a change has occurred in the circumstances
of the child, the child's residential parent, or either of
the
parents
subject to a shared parenting decree, and that the
modification
is necessary to serve the best interest of the child.
In
applying these standards, the court shall retain the
residential
parent designated by the prior decree or the prior
shared
parenting decree, unless a modification is in the best
interest
of the child and one of the following applies:
(i) The residential parent agrees to a change in the
residential parent or both parents under a shared parenting
decree
agree to a change in the designation of residential parent.
(ii) The child, with the consent of the residential parent
or of both parents under a shared parenting decree, has been
integrated into the family of the person seeking to become the
residential parent.
(iii) The harm likely to be caused by a change of
environment is outweighed by the advantages of the change of
environment to the child.
(b) One or both of the parents under a prior decree
allocating parental rights and responsibilities for the care of
children that is not a shared parenting decree may file a motion
requesting that the prior decree be modified to give both parents
shared rights and responsibilities for the care of the children.
The motion shall include both a request for modification of the
prior decree and a request for a shared parenting order that
complies with division (G) of this section. Upon the filing of
the motion, if the court determines that a modification of the
prior decree is authorized under division (E)(1)(a) of this
section, the court may modify the prior decree to grant a shared
parenting order, provided that the court shall not modify the
prior decree to grant a shared parenting order unless the court
complies with divisions (A) and (D)(1) of this section and, in
accordance with those divisions, approves the submitted shared
parenting plan and determines that shared parenting would be in
the best interest of the children.
(2) In addition to a modification authorized under
division
(E)(1) of this section:
(a) Both parents under a shared parenting decree jointly
may
modify the terms of the plan for shared parenting approved by
the
court and incorporated by it into the shared parenting
decree.
Modifications under this division may be made
at any time. The
modifications to the plan shall be filed
jointly by both parents
with the court, and the court shall
include them in the plan,
unless they are not in the best
interest of the children. If the
modifications are not in the best interests
of the children, the
court, in its discretion, may reject the
modifications or make
modifications to the proposed modifications or the plan
that are
in the best interest of the children. Modifications jointly
submitted by both parents under a shared parenting decree shall be
effective,
either as originally filed
or as modified by the court,
upon their
inclusion by the court in the plan. Modifications to
the plan made by the
court shall be effective upon their inclusion
by the court in the plan.
(b) The court may modify the terms of the plan for shared
parenting approved by the court and incorporated by it into the
shared parenting decree upon its own motion at any time if the
court
determines that the modifications are in the best interest
of the children or
upon the request of one or both of the
parents
under the decree. Modifications under this division may
be made
at any time. The court shall not make any
modification to the
plan under this division, unless the
modification is in the best
interest of the children.
(c) The court may terminate a prior final shared parenting
decree that includes a shared parenting plan approved under
division (D)(1)(a)(i) of this section upon the request of one or
both of the parents or whenever it determines that shared
parenting is not in the best interest of the children. The court
may terminate a prior final shared parenting decree that includes
a shared parenting plan approved under division (D)(1)(a)(ii) or
(iii) of this section if it determines, upon its own motion or
upon the request of one or both parents, that shared parenting is
not in the best interest of the children. If modification of the
terms of the plan for shared parenting approved by the court and
incorporated by it into the final shared parenting decree is
attempted under division (E)(2)(a) of this section and the court
rejects the modifications, it may terminate the final shared
parenting decree if it determines that shared parenting is not in
the best interest of the children.
(d) Upon the termination of a prior final shared
parenting
decree under division (E)(2)(c) of this section,
the court shall
proceed and issue a modified decree for the
allocation of parental
rights and responsibilities for the care
of the children under the
standards applicable under divisions
(A), (B), and (C) of this
section as if no decree for shared
parenting had been granted and
as if no request for shared
parenting ever had been made.
(F)(1) In determining the best interest of a child
pursuant
to this section, whether on an original decree
allocating parental
rights and responsibilities for the care of
children or a
modification of a decree allocating those rights
and
responsibilities, the court shall consider all relevant
factors,
including, but not limited to:
(a) The wishes of the child's parents regarding the child's
care;
(b) If the court has interviewed the child in chambers
pursuant to division (B) of this section regarding the child's
wishes and concerns as to the allocation of parental rights and
responsibilities concerning the child, the wishes and concerns of
the child, as expressed to the court;
(c) The child's interaction and interrelationship with the
child's parents, siblings, and any other person who may
significantly
affect the child's best interest;
(d) The child's adjustment to the child's home, school, and
community;
(e) The mental and physical health of all persons involved
in the situation;
(f) The parent more likely to honor and facilitate
court-approved parenting time rights or
visitation and
companionship rights;
(g) Whether either parent has failed to make all child
support payments, including all arrearages, that are required of
that parent pursuant to a child support order under which that
parent is an obligor;
(h) Whether either parent or any member of the household of either parent previously has been convicted of
or pleaded guilty to any criminal offense involving any act that
resulted in a child being an abused child or a neglected child;
whether either parent, in a case in which a child has been
adjudicated an abused child or a neglected child, previously has
been determined to be the perpetrator of the abusive or
neglectful
act that is the basis of an adjudication; whether
either parent or any member of the household of either parent
previously has been convicted of or pleaded guilty
to a violation
of section 2919.25 of the Revised Code or a sexually oriented offense involving a
victim who at
the time of the commission of the offense was a
member of the
family or household that is the subject of the
current proceeding;
whether either parent or any member of the household of either parent previously has been
convicted of or pleaded
guilty to any offense involving a victim
who at the time of the
commission of the offense was a member of
the family or household
that is the subject of the current
proceeding and caused physical
harm to the victim in the
commission of the offense; and whether
there is reason to believe
that either parent has acted in a
manner resulting in a child
being an abused child or a neglected
child;
(i) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to
parenting time
in
accordance with an order of the court;
(j) Whether either parent has established a residence, or
is
planning to establish a residence, outside this state.
(2) In determining whether shared parenting is in the best
interest of the children, the court shall consider all relevant
factors, including, but not limited to, the factors enumerated in
division (F)(1) of this section, the factors enumerated in
section
3119.23
of the Revised Code, and all
of the following
factors:
(a) The ability of the parents to cooperate and make
decisions jointly, with respect to the children;
(b) The ability of each parent to encourage the sharing of
love, affection, and contact between the child and the other
parent;
(c) Any history of, or potential for, child abuse, spouse
abuse, other domestic violence, or parental kidnapping by either
parent;
(d) The geographic proximity of the parents to each other,
as the proximity relates to the practical considerations of
shared
parenting;
(e) The recommendation of the guardian ad litem of the
child, if the child has a guardian ad litem.
(3) When allocating parental rights and responsibilities
for
the care of children, the court shall not give preference to
a
parent because of that parent's financial status or condition.
(G) Either parent or both parents of any children may file
a
pleading or motion with the court requesting the court to grant
both parents shared parental rights and responsibilities for the
care of the children in a proceeding held pursuant to division
(A)
of this section. If a pleading or motion requesting shared
parenting is filed, the parent or parents filing the pleading or
motion also shall file with the court a plan for the exercise of
shared parenting by both parents. If each parent files a
pleading
or motion requesting shared parenting but only one
parent files a
plan or if only one parent files a
pleading
or motion requesting
shared parenting and also files a plan, the
other parent as
ordered by the court shall file with the court a
plan for the
exercise of shared parenting by both parents. The
plan for shared
parenting shall be filed with the petition for
dissolution of
marriage, if the question of parental rights and
responsibilities
for the care of the children arises out of an
action for
dissolution of marriage, or, in other cases, at a time
at least
thirty days prior to the hearing on the issue of the
parental
rights and responsibilities for the care of the
children. A plan
for shared parenting shall include provisions
covering all factors
that are relevant to the care of the
children, including, but not
limited to, provisions covering
factors such as physical living
arrangements, child support
obligations, provision for the
children's medical and dental
care, school placement, and the
parent with which the children will be
physically located during
legal holidays, school holidays, and other days of
special
importance.
(H) If an appeal is taken from a decision of a court that
grants or modifies a decree allocating parental rights and
responsibilities for the care of children, the court of appeals
shall give the case calendar priority and handle it
expeditiously.
(I) Upon receipt of an order to active military service in the uniformed services, a parent who is subject to an order allocating parental rights and responsibilities or in relation to whom an action to allocate parental rights and responsibilities is pending and who is ordered to active military service shall notify the other parent who is subject to the order or in relation to whom the case is pending of the order to active military service. Either parent may apply to the court for a hearing to expedite an allocation or modification proceeding. The application shall include the date on which the active military service begins.
The court shall schedule a hearing upon receipt of the application and hold the hearing not later than thirty days after receipt of the application, except that the court shall give the case calendar priority and handle the case expeditiously if exigent circumstances exist in the case.
The court shall not modify a prior decree allocating parental rights and responsibilities unless the court determines by clear and convincing evidence that there has been a change in circumstances of the child, the child's residential parent, or either of the parents subject to a shared parenting decree, and that modification is necessary to serve the best interest of the child. The court shall not consider active military service in the uniformed services in determining whether a change in circumstances exists under this section.
Nothing in this division shall prevent a court from issuing a temporary order allocating or modifying parental rights and responsibilities for the duration of the parent's active military service.
(J) As used in this section:
(1) "Abused child" has the same
meaning as in section 2151.031 of the Revised Code, and
"neglected.
(2) "Active military service" means the performance of active military duty by a member of the uniformed services for a period of more than thirty days.
(3) "Neglected
child" has the same meaning as in section 2151.03 of
the Revised
Code.
(2)(4) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(5) "Uniformed services" means the United States armed forces, army national guard and air national guard when engaged in active duty for training, or the commissioned corps of the United States public health service.
(J)(K) As used in the Revised Code, "shared parenting" means
that the parents share, in the manner set forth in the plan for
shared parenting that is approved by the court under division
(D)(1) and described in division (K)(L)(6) of this section, all or
some of the
aspects of physical
and legal care of their children.
(K)(L) For purposes of the Revised Code:
(1) A parent who is granted the care, custody, and control
of a child under an order that was issued pursuant to this
section
prior to April 11, 1991, and that does not provide for
shared
parenting has "custody of the child" and "care, custody,
and
control of the child" under the order, and is the
"residential
parent," the "residential parent and legal
custodian," or the
"custodial parent" of the child under the
order.
(2) A parent who primarily is allocated the parental
rights
and responsibilities for the care of a child and who is
designated
as the residential parent and legal custodian of the
child under
an order that is issued pursuant to this section on
or after April
11, 1991, and that does not provide for shared
parenting has
"custody of the child" and "care, custody, and
control of the
child" under the order, and is the "residential
parent," the
"residential parent and legal custodian," or the
"custodial
parent" of the child under the order.
(3) A parent who is not granted custody of a child under
an
order that was issued pursuant to this section prior to April
11,
1991, and that does not provide for shared parenting is the
"parent who is not the residential parent," the "parent who is
not
the residential parent and legal custodian," or the
"noncustodial
parent" of the child under the order.
(4) A parent who is not primarily allocated the parental
rights and responsibilities for the care of a child and who is
not
designated as the residential parent and legal custodian of
the
child under an order that is issued pursuant to this section
on or
after April 11, 1991, and that does not provide for shared
parenting is the "parent who is not the residential parent," the
"parent who is not the residential parent and legal custodian,"
or
the "noncustodial parent" of the child under the order.
(5) Unless the context clearly requires otherwise, if an
order is issued by a court pursuant to this section and the order
provides for shared parenting of a child, both parents have
"custody of the child" or "care, custody, and control of the
child" under the order, to the extent and in the manner specified
in the order.
(6) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, if an order is issued
by a
court pursuant to this section and the order provides for
shared
parenting of a child, each parent, regardless of where the child
is
physically located or with whom the child is residing at a
particular point in
time, as specified in the order,
is the
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child.
(7) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, a designation in the order of
a
parent as the residential parent for the purpose of determining
the school the
child attends, as the custodial parent for purposes
of claiming the child as a
dependent pursuant to section 152(e) of
the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A.
1, as amended, or as the residential parent for
purposes of
receiving public assistance pursuant to division (A)(2) of this
section, does not affect the designation pursuant to division
(K)(L)(6) of this
section of each parent as the "residential parent,"
the "residential parent
and legal custodian," or the "custodial
parent" of the child.
(L)(M) The court shall require each parent of a child to file an affidavit attesting as to whether the parent, and the members of the parent's household, have been convicted of or pleaded guilty to any of the offenses identified in divisions (C) and (F)(1)(h) of this section.
Sec. 3109.041. (A) Parties to any custody decree issued
pursuant to section 3109.04 of the Revised Code prior to the
effective date of this amendment April 11, 1991, may
file a
motion with the court that issued the decree requesting the
issuance of a shared parenting decree in accordance with division
(G) of section 3109.04 of the Revised Code. Upon the filing of
the motion, the court shall determine whether to grant the
parents shared rights and responsibilities for the care of the
children in accordance with divisions (A), (D)(1), and (E)(1), and (I) of
section 3109.04 of the Revised Code.
(B) A custody decree issued pursuant to section 3109.04 of
the Revised Code prior to the effective date of this amendment
April 11, 1991, that granted joint care, custody, and
control of the
children to the parents shall not be affected or invalidated by,
and shall not be construed as being affected or invalidated by,
the provisions of section 3109.04 of the Revised Code relative to
the granting of a shared parenting decree or a decree allocating
parental rights and responsibilities for the care of children on
and after the effective date of this amendment April 11,
1991.
The decree issued prior to the effective date of this amendment
April 11, 1991 shall remain in full force and effect,
subject to
modification or termination pursuant to section 3109.04 of the
Revised Code as that section exists on and after the effective
date of this amendment April 11, 1991.
(C) As used in this section, "joint custody" and "joint
care, custody, and control" have the same meaning as "shared
parenting."
Sec. 3119.022. When a court or child support enforcement
agency
calculates the amount of child support to
be paid pursuant
to a child support order
in a proceeding in which one parent is
the
residential parent and legal custodian of all of the children
who
are the subject of the child support order or in which the
court issues a
shared parenting order, the court or
agency shall
use a worksheet identical in content and
form to the following:
CHILD SUPPORT COMPUTATION WORKSHEETSOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER
Name of parties ................................................
Case No. .......................................................
Number of minor children .......................................
The following parent was designated as residential parent and
legal
custodian: ...... mother ...... father ...... shared
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Column I |
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Column II |
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Column III |
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Father |
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Mother |
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Combined |
INCOME: |
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1.a. |
Annual gross income from |
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employment or, when |
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determined appropriate |
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by the court or agency, |
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average annual gross income |
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from employment over a |
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reasonable period of years. |
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(Exclude overtime, bonuses, |
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self-employment income, or |
|
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|
|
|
|
commissions)............... |
$...... |
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$...... |
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b. |
Amount of overtime, |
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bonuses, and commissions |
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(year 1 representing the |
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most recent year) |
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Father |
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Mother |
Yr. 3 $.......... |
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Yr. 3 $.......... |
(Three years ago) |
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(Three years ago) |
Yr. 2 $.......... |
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Yr. 2 $.......... |
(Two years ago) |
|
(Two years ago) |
Yr. 1 $.......... |
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Yr. 1 $.......... |
(Last calendar year) |
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(Last calendar year) |
Average $......... |
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Average $......... |
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(Include in Col. I and/or |
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Col. II the average of the |
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three years or the year 1 |
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amount, whichever is less, |
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if there exists a reasonable |
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expectation that the total |
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earnings from overtime and/or |
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bonuses during the current |
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calendar year will meet or |
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exceed the amount that is |
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the lower of the average |
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of the three years or the |
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year 1 amount. If, however, |
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there exists a reasonable |
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expectation that the total |
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earnings from overtime/ |
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bonuses during the current |
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calendar year will be less |
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than the lower of the average |
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of the 3 years or the year 1 |
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amount, include only the |
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amount reasonably expected |
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to be earned this year.)... |
$...... |
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$...... |
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2. |
For self-employment income: |
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a. |
Gross receipts from |
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business................... |
$...... |
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$...... |
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b. |
Ordinary and necessary |
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business expenses.......... |
$...... |
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$...... |
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c. |
5.6% of adjusted gross |
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income or the actual |
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marginal difference between |
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the actual rate paid by the |
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self-employed individual |
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and the F.I.C.A. rate ..... |
$...... |
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$...... |
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d. |
Adjusted gross income from |
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self-employment (subtract |
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the sum of 2b and 2c from |
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2a)........................ |
$...... |
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$...... |
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3. |
Annual income from interest |
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and dividends (whether or |
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not taxable)............... |
$...... |
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$...... |
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4. |
Annual income from
|
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unemployment compensation... |
$...... |
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$...... |
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5. |
Annual income from workers' |
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compensation, disability |
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|
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insurance benefits, or social |
|
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|
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security disability/ |
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retirement benefits........ |
$...... |
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$...... |
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6. |
Other annual income |
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(identify)................. |
$...... |
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$...... |
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7.a. |
Total annual gross income |
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(add lines 1a, 1b, 2d, and |
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3-6)....................... |
$...... |
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$...... |
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b. |
Health insurance maximum |
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(multiply line 7a by 5%) |
$...... |
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$...... |
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ADJUSTMENTS TO INCOME: |
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8. |
Adjustment for minor children |
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born to or adopted by either |
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parent and another parent who |
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are living with this parent; |
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adjustment does not apply |
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to stepchildren (number of |
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children times federal income |
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tax exemption less child
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support received, not to |
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exceed the federal tax |
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exemption)................. |
$...... |
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$...... |
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9. |
Annual court-ordered support |
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paid for other children.... |
$...... |
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$...... |
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10. |
Annual court-ordered spousal |
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support paid to any spouse |
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or former spouse........... |
$...... |
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$...... |
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11. |
Amount of local income taxes |
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actually paid or estimated |
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to be paid................. |
$...... |
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$...... |
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12. |
Mandatory work-related |
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deductions such as union |
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dues, uniform fees, etc. |
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(not including taxes, social |
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security, or retirement)... |
$...... |
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$...... |
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13. |
Total gross income
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adjustments (add lines
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8 through 12).............. |
$...... |
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$...... |
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14. |
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a. |
Adjusted annual gross |
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income (subtract line 13 |
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from line 7a).............. |
$...... |
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$...... |
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b. |
Cash medical support |
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maximum (If the amount |
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on line 7a, Col. I, is |
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under 150% of the federal |
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poverty level for an |
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individual, enter $0 on |
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line 14b, Col. I. If |
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the amount on line 7a, |
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Col. I, is 150% or |
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higher of the federal |
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poverty level for an |
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individual, multiply the |
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amount on line 14a, Col. I, |
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by 5% and enter this amount |
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on line 14b, Col. I. |
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If the amount on line 7a, |
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Col. II, is under 150% |
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of the federal poverty level |
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for an individual, enter |
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$0 on line 14b, Col. II. |
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If the amount on line 7a, |
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Col. II, is 150% or higher |
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of the federal poverty level |
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for an individual, multiply |
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the amount on line 14a, |
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Col. II, by 5% and enter |
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this amount on line 14b, |
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Col. II.)................. |
$...... |
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$...... |
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15. |
Combined annual income that |
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is basis for child support |
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order (add line 14 14a, Col. |
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I and Col. II) ............. |
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$...... |
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16. |
Percentage of parent's |
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income to total income |
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a. |
Father (divide line 14 14a, |
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Col. I, by line 15, Col. |
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III).......................% |
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b. |
Mother (divide line 14 14a, |
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Col. II, by line 15, Col. |
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III).......................% |
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17. |
Basic combined child
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support obligation (refer |
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to schedule, first column, |
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locate the amount nearest |
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to the amount on line 15, |
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Col. III, then refer to |
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column for number of |
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children in this family. |
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If the income of the |
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parents is more than one |
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sum but less than another, |
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you may calculate the |
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difference.)............... |
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$...... |
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18. |
Annual support obligation per parent |
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a. |
Father (multiply line 17, |
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Col. III, by line 16a)..... |
$...... |
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b. |
Mother (multiply line 17, |
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Col. III, by line 16b)..... |
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$...... |
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19. |
Annual child care expenses |
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for children who are the |
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subject of this order that |
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are work-, employment |
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training-, or education- |
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related, as approved by |
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the court or agency |
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(deduct tax credit from |
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|
annual cost, whether or |
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|
not claimed).............. |
$...... |
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$...... |
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20. |
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a. |
Marginal, out-of-pocket |
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|
costs, necessary to provide |
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for health insurance for |
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the children who are the |
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subject of this order |
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(contributing cost of private |
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family health insurance, |
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minus the contributing cost |
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of private single health |
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insurance, divided by the |
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total number of dependents |
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covered by the plan, |
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including the children |
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subject of the support |
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|
order, times the number of |
|
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|
children subject of the |
|
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|
|
|
|
support order) ........ |
$...... |
|
$...... |
|
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b. |
Cash medical support |
|
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|
obligation (enter the amount |
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|
on line 14b or the amount |
|
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|
of annual health care |
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expenditures estimated by |
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the United States Department |
|
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|
|
of Agriculture and |
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|
described in section 3119.30 |
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|
of the Revised Code, |
|
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|
whichever amount is |
|
|
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|
|
lower) ..................... |
$...... |
|
$...... |
|
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|
21. |
|
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
|
|
Father (only if obligor |
|
|
Mother (only if obligor |
|
|
or shared parenting) |
|
|
or shared parenting) |
|
a. |
Additions: line 16a |
|
b. |
Additions: line 16b |
|
|
times sum of amounts |
|
|
times sum of amounts |
|
|
shown on line 19, Col. II |
|
|
shown on line 19, Col. I |
|
|
and line 20 20a, Col. II |
|
|
and line 20 20a, Col. I |
|
|
$...................... |
|
|
$...................... |
|
c. |
Subtractions: line 16b |
|
d. |
Subtractions: line 16a |
|
|
times sum of amounts |
|
|
times sum of amounts |
|
|
shown on line 19, Col. I |
|
|
shown on line 19, Col. II |
|
|
and line 20 20a, Col. I |
|
|
and line 20 20a, Col. II |
|
|
$....................... |
|
|
$....................... |
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|
22. |
OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
a. |
Father: line 18a plus
or |
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|
minus the difference between |
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|
|
line 21a minus line 21c
|
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$...... |
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|
b. |
Mother: line 18b plus
or |
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|
minus the difference between |
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|
line 21b minus line 21d
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$...... |
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23. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED: |
a. |
(Line 22a or
22b, whichever |
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|
|
line corresponds to the |
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|
|
parent who is the obligor). |
$...... |
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|
b. |
Any non-means-tested |
|
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|
|
benefits, including social |
|
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|
|
|
|
security and veterans' |
|
|
|
|
|
|
benefits, paid to and |
|
|
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|
|
received by a child or a |
|
|
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|
|
|
person on behalf of the |
|
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|
|
child due to death, |
|
|
|
|
|
|
disability, or retirement |
|
|
|
|
|
|
of the parent............... |
$...... |
|
|
|
|
c. |
Actual annual obligation |
|
|
|
|
|
|
(subtract line 23b from |
|
|
|
|
|
|
line 23a)................... |
$...... |
|
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|
|
|
24. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED: |
|
|
Father (only if obligor |
|
|
Mother (only if obligor |
|
|
or shared parenting) |
|
|
or shared parenting) |
|
a. |
Additions: line 16a times |
|
b. |
Additions: line 16b times |
|
|
the sum of the amounts |
|
|
the sum of the amounts |
|
|
shown on line 19, Col. II |
|
|
shown on line 19, Col. I |
|
|
and line 20b, Col. II |
|
|
and line 20b, Col. I |
|
|
$...................... |
|
|
$...................... |
|
c. |
Subtractions: line 16b |
|
d. |
Subtractions: line 16a |
|
|
times the sum of the |
|
|
times the sum of the |
|
|
amounts shown on line |
|
|
amounts shown on line |
|
|
19, Col. I and line |
|
|
19, Col. II and line |
|
|
20b, Col. I |
|
|
20b, Col. II |
|
|
$....................... |
|
|
$....................... |
|
|
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|
|
25. |
OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT |
|
WHEN HEALTH INSURANCE IS NOT PROVIDED: |
a. |
Father: line 18a plus or minus the difference between line 24a minus line 24c |
|
|
|
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|
|
$...... |
|
|
|
|
b. |
Mother: line 18b plus or minus the difference between line 24b and 24d |
|
|
|
|
|
|
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|
|
$...... |
|
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|
|
26. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED: |
a. |
(Line 25a or 25b, whichever line corresponds to the parent who is the |
|
|
|
|
|
|
obligor) |
$...... |
|
|
|
|
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 |
|
|
|
|
|
|
parent |
$...... |
|
|
|
|
c. |
Actual annual obligation (subtract line 26b from line |
|
|
|
|
|
|
26a |
$...... |
|
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|
|
|
|
27.a. |
Deviation from sole residential parent support amount shown
|
|
on line 23c if amount would be unjust or inappropriate: (see |
|
section 3119.23 of the Revised Code.) (Specific facts and |
|
monetary value must be stated.) |
|
|
|
|
|
|
|
|
b. |
Deviation from shared parenting order: (see sections 3119.23 |
|
and 3119.24 of the Revised Code.) (Specific facts including |
|
amount of time children spend with each parent, ability of |
|
each parent to maintain adequate housing for children, and
|
|
each parent's expenses for children must be stated to justify |
|
deviation.) |
|
|
|
|
|
|
|
|
|
|
WHEN HEALTH INSURANCE IS PROVIDED |
|
WHEN HEALTH INSURANCE IS NOT PROVIDED |
|
|
25 28. |
FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I, enter line 23c plus or minus any amounts indicated in line 24a 27a or 24b 27b; in Col. II, enter line 26c plus or minus any amounts indicated in line 27a or 27b) |
|
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|
|
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|
|
$...... |
|
$...... |
|
Father/Mother, OBLIGOR |
|
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|
|
26 29. |
FOR DECREE: Child support per month (divide obligor's annual share, line 25 28, by 12) plus any processing charge |
|
|
|
|
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|
|
$...... |
|
$...... |
|
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|
|
30. |
FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support amount |
|
|
|
|
|
|
from line 20b |
|
|
$...... |
|
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|
|
|
|
|
|
|
31. |
FOR DECREE: Cash medical support per month (divide |
|
|
|
|
|
|
line 30 by 12) |
|
|
$...... |
|
|
Prepared by: |
|
|
Counsel: .................... |
|
Pro se: ................. |
(For mother/father) |
|
|
CSEA: ....................... |
|
Other: .................. |
Worksheet Has Been Reviewed and Agreed To:
........................... |
|
........................... |
Mother |
|
Date |
........................... |
|
........................... |
Father |
|
Date |
Sec. 3119.023. When a court or child support enforcement
agency
calculates the amount of child support to
be paid pursuant
to a court child support order in a proceeding in
which the
parents have split parental rights and
responsibilities with
respect to the children who are the subject
of the child support
order, the court or child support
enforcement agency shall use a
worksheet that is identical in
content and form to the following:
CHILD SUPPORT COMPUTATION WORKSHEETSPLIT PARENTAL RIGHTS AND RESPONSIBILITIES
Name of parties ................................................
Case No. .......................................................
Number of minor children .......................................
Number of minor children with mother .......... father .........
|
|
Column I |
|
Column II |
|
Column III |
|
|
Father |
|
Mother |
|
Combined |
INCOME: |
|
|
|
|
|
1.a. |
Annual gross income from |
|
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|
|
|
|
employment or, when |
|
|
|
|
|
|
determined appropriate |
|
|
|
|
|
|
by the court or agency, |
|
|
|
|
|
|
average annual gross income |
|
|
|
|
|
|
from employment over a |
|
|
|
|
|
|
reasonable period of years. |
|
|
|
|
|
|
(Exclude overtime, bonuses, |
|
|
|
|
|
|
self-employment income, or |
|
|
|
|
|
|
commissions)............... |
$...... |
|
$...... |
|
|
b. |
Amount of overtime, |
|
|
|
|
|
|
bonuses, and commissions |
|
|
|
|
|
|
(year 1 representing the |
|
|
|
|
|
|
most recent year) |
|
|
|
|
|
Father |
|
Mother |
Yr. 3 $.......... |
|
Yr. 3 $.......... |
(Three years ago) |
|
(Three years ago) |
Yr. 2 $.......... |
|
Yr. 2 $.......... |
(Two years ago) |
|
(Two years ago) |
Yr. 1 $.......... |
|
Yr. 1 $.......... |
(Last calendar year) |
|
(Last calendar year) |
Average $.......... |
|
$............ |
|
(Include in Col. I and/or |
|
|
|
|
|
|
Col. II the average of the |
|
|
|
|
|
|
three years or the year 1 |
|
|
|
|
|
|
amount, whichever is less, |
|
|
|
|
|
|
if there exists a reasonable |
|
|
|
|
|
|
expectation that the total |
|
|
|
|
|
|
earnings from overtime and/or |
|
|
|
|
|
|
bonuses during the current |
|
|
|
|
|
|
calendar year will meet or |
|
|
|
|
|
|
exceed the amount that is |
|
|
|
|
|
|
the lower of the average |
|
|
|
|
|
|
of the three years or the |
|
|
|
|
|
|
year 1 amount. If, however, |
|
|
|
|
|
|
there exists a reasonable |
|
|
|
|
|
|
expectation that the total |
|
|
|
|
|
|
earnings from overtime/ |
|
|
|
|
|
|
bonuses during the current |
|
|
|
|
|
|
calendar year will be less |
|
|
|
|
|
|
than the lower of the average |
|
|
|
|
|
|
of the 3 years or the year 1 |
|
|
|
|
|
|
amount, include only the |
|
|
|
|
|
|
amount reasonably expected |
|
|
|
|
|
|
to be earned this year.)... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
2. |
For self-employment income |
|
|
|
|
|
a. |
Gross receipts from |
|
|
|
|
|
|
business................... |
$...... |
|
$...... |
|
|
b. |
Ordinary and necessary |
|
|
|
|
|
|
business expenses.......... |
$...... |
|
$...... |
|
|
c. |
5.6% of adjusted gross |
|
|
|
|
|
|
income or the actual |
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marginal difference between |
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the actual rate paid by the |
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self-employed individual |
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and the F.I.C.A. rate ..... |
$...... |
|
$...... |
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d. |
Adjusted gross income from |
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self-employment (subtract |
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the sum of 2b and 2c from |
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2a)........................ |
$...... |
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$...... |
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3. |
Annual income from interest |
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and dividends (whether or |
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|
not taxable)............... |
$...... |
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$...... |
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4. |
Annual income from
|
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unemployment compensation... |
$...... |
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$...... |
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5. |
Annual income from workers' |
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compensation, disability |
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insurance benefits or social |
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security disability |
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retirement benefits........ |
$...... |
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$...... |
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6. |
Other annual income |
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(identify)................. |
$...... |
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$...... |
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7.a. |
Total annual gross income |
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(add lines 1a, 1b, 2d, and |
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3-6)....................... |
$...... |
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$...... |
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b. |
Health insurance maximum |
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(multiply line 7a |
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by 5%) |
$...... |
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$...... |
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ADJUSTMENTS TO INCOME: |
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8. |
Adjustment for minor children |
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born to or adopted by either |
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parent and another parent who |
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are living with this parent; |
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adjustment does not apply |
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to stepchildren (number of |
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children times federal income |
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tax exemption less child
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support received, not to |
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exceed the federal tax |
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exemption)................. |
$...... |
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$...... |
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9. |
Annual court-ordered support |
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paid for other children.... |
$...... |
|
$...... |
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10. |
Annual court-ordered spousal |
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support paid to any spouse |
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or former spouse........... |
$...... |
|
$...... |
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11. |
Amount of local income taxes |
|
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actually paid or estimated |
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to be paid................. |
$...... |
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$...... |
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12. |
Mandatory work-related |
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deductions such as union |
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dues, uniform fees, etc. |
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(not including taxes, social |
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security, or retirement)... |
$...... |
|
$...... |
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13. |
Total gross income
|
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adjustments (add lines
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8 through 12).............. |
$...... |
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$...... |
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14. |
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a. |
Adjusted annual gross |
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|
income (subtract line 13 |
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|
from 7a).................... |
$...... |
|
$...... |
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b. |
Cash medical support |
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maximum (If the amount on line 7a, Col. I, is under 150% of the federal poverty level for an individual, enter $0 on line 14b., Col. I. If the amount on line 7a, Col. I, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. I, by 5% and enter this amount on line 14b, Col. I. If the amount on line 7a, Col. II, is under 150% of the federal poverty level for an individual, enter $0 on line 14b, Col. II. If the amount on line 7a, Col. II, is 150% or higher of the federal poverty level for an individual, multiply the amount on line 14a, Col. II, by 5% and enter this amount on line 14b, Col. II.) |
|
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$...... |
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$...... |
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15. |
Combined annual income that |
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is basis for child support |
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order (add line 14 14a, |
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Col. I and Col. II).......... |
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$...... |
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16. |
Percentage of parent's |
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|
income to total income |
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a. |
Father (divide line 14 14a, |
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|
Col. I, by line 15, Col. |
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III).......................% |
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b. |
Mother (divide line 14 14a, |
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|
Col. II, by line 15, Col. |
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III).......................% |
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17. |
Basic combined child
|
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|
|
support obligation (refer |
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|
to schedule, first column, |
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|
locate the amount nearest |
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|
to the amount on line 15, |
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|
Col. III, then refer to |
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|
column for number of |
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|
children with this parent. |
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|
If the income of the |
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|
parents is more than one |
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|
|
sum but less than another, |
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|
you may calculate the |
|
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|
|
|
|
difference)................ |
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|
For children |
|
For children |
|
for whom the |
|
for whom the |
|
mother is the |
|
father is the |
|
residential |
|
residential |
|
parent and |
|
parent and |
|
legal custodian |
|
legal custodian |
|
$............ |
|
$............ |
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|
18. |
Annual support obligation per parent |
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|
a. |
Of father for children for |
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|
|
whom mother is the |
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|
|
residential parent and |
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|
|
legal custodian (multiply |
|
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|
|
line 17, Col. I, by line |
|
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|
|
16a)....................... |
$...... |
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|
b. |
Of mother for children for |
|
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|
|
whom the father is the |
|
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|
|
residential parent and |
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|
|
legal custodian (multiply |
|
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|
|
line 17, Col. II, by line |
|
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|
|
16b)....................... |
|
|
$...... |
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19. |
Annual child care expenses |
|
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|
|
for children who are the |
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|
|
subject of this order that |
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|
|
are work-, employment |
|
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|
|
training-, or education- |
|
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|
|
related, as approved by |
|
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|
|
the court or agency |
|
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|
|
(deduct tax credit from |
|
|
|
|
|
|
annual cost whether or |
|
|
|
|
|
|
not claimed)............... |
Paid by |
|
Paid by |
|
|
|
|
father |
|
mother |
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|
$...... |
|
$...... |
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|
20. |
|
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|
a. |
Marginal, out-of-pocket |
|
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|
|
costs, necessary to provide |
|
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|
|
for health insurance for |
|
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|
|
the children who are the |
|
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|
|
|
subject of this order |
|
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|
|
|
(contributing cost of private family health insurance, minus the contributing cost of private single health insurance, divided by the total number of dependents covered by the plan, including the children subject of the support order, times the number of children subject of the support |
|
|
|
|
|
|
order) ............... |
Paid by |
|
Paid by |
|
|
|
|
father |
|
mother |
|
|
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|
$...... |
|
$...... |
|
|
b. |
Cash medical support |
|
|
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|
|
|
obligation (enter the amount on line 14b or the amount of annual health care expenditures estimated by the United States Department of Agriculture and described in section 3119.30 of the Revised Code, whichever |
|
|
|
|
|
|
amount is lower).......... |
$...... |
|
$...... |
|
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|
|
|
21. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED: |
|
|
Father |
|
|
Mother |
|
a. |
Additions: line 16a |
|
b. |
Additions: line 16b |
|
|
times sum of amounts |
|
|
times sum of amounts |
|
|
shown on line 19, Col. II |
|
|
shown on line 19, Col. I |
|
|
and line 20 20a, Col. II |
|
|
and line 20 20a, Col. I |
|
|
$...................... |
|
|
$...................... |
|
c. |
Subtractions: line 16b |
|
d. |
Subtractions: line 16a |
|
|
times sum of amounts |
|
|
times sum of amounts |
|
|
shown on line 19, Col. I |
|
|
shown on line 19, Col. II |
|
|
and line 20 20a, Col. I |
|
|
and line 20 20a, Col. II |
|
|
$....................... |
|
|
$....................... |
|
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|
|
22. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED: |
a. |
Father: line 18a plus line |
|
|
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|
|
21a minus line 21c (if the |
|
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|
|
|
amount on line 21c is |
|
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|
|
|
greater than or equal to |
|
|
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|
|
|
the amount on line 21a-- |
|
|
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|
|
|
enter the number on line |
|
|
|
|
|
|
18a in Col. I).............. |
$...... |
|
|
|
|
b. |
Any non-means-tested |
|
|
|
|
|
|
benefits, including social |
|
|
|
|
|
|
security and veterans' |
|
|
|
|
|
|
benefits, paid to and |
|
|
|
|
|
|
received by children for |
|
|
|
|
|
|
whom the mother is the |
|
|
|
|
|
|
residential parent and
|
|
|
|
|
|
|
legal custodian or a person |
|
|
|
|
|
|
on behalf of those children |
|
|
|
|
|
|
due to death, disability, |
|
|
|
|
|
|
or retirement of the |
|
|
|
|
|
|
father..................... |
$...... |
|
|
|
|
c. |
Actual annual obligation of |
|
|
|
|
|
|
father (subtract line 22b |
|
|
|
|
|
|
from line 22a)............. |
$...... |
|
|
|
|
d. |
Mother: line 18b plus line |
|
|
|
|
|
|
21b minus line 21d (if the |
|
|
|
|
|
|
amount on line 21d is |
|
|
|
|
|
|
greater than or equal to |
|
|
|
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|
|
the amount on line |
|
|
|
|
|
|
21b--enter the number on |
|
|
|
|
|
|
line 18b in Col. II)....... |
|
|
$...... |
|
|
e. |
Any non-means-tested |
|
|
|
|
|
|
benefits, including social |
|
|
|
|
|
|
security and veterans' |
|
|
|
|
|
|
benefits, paid to and |
|
|
|
|
|
|
received by children for |
|
|
|
|
|
|
whom the father is the |
|
|
|
|
|
|
residential parent and |
|
|
|
|
|
|
legal custodian or a person |
|
|
|
|
|
|
on behalf of those children |
|
|
|
|
|
|
due to death, disability, |
|
|
|
|
|
|
or retirement of the |
|
|
|
|
|
|
mother...................... |
|
|
$...... |
|
|
f. |
Actual annual obligation |
|
|
|
|
|
|
of mother (subtract line 22e |
|
|
|
|
|
|
from line 22d).............. |
|
|
$...... |
|
|
g. |
Actual annual obligation |
|
|
|
|
|
|
payable (subtract lesser |
|
|
|
|
|
|
actual annual obligation |
|
|
|
|
|
|
from greater actual annual |
|
|
|
|
|
|
obligation using amounts in |
|
|
|
|
|
|
lines 22c and 22f to |
|
|
|
|
|
|
determine net child support |
|
|
|
|
|
|
payable).................... |
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
23. |
ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED: |
|
|
Father |
|
|
Mother |
|
a. |
Additions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II |
|
b. |
Additions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I |
|
|
$............... |
|
|
$............... |
|
c. |
Subtractions: line 16b times the sum of the amounts shown on line 19, Col. I and line 20b, Col. I |
|
d. |
Subtractions: line 16a times the sum of the amounts shown on line 19, Col. II and line 20b, Col. II |
|
|
$............... |
|
|
$............... |
|
|
24. |
ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED: |
a. |
Father: line 18a plus line 23a minus line 23c (if the amount on line 23c is greater than or equal to the amount on line 23a, enter the number on line 18a in |
|
|
|
|
|
|
Col. I) |
$...... |
|
|
|
|
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 |
|
|
|
|
|
|
retirement of the father |
$...... |
|
|
|
|
c. |
Actual annual obligation of the father (subtract line 24b |
|
|
|
|
|
|
from line 24a) |
$...... |
|
|
|
|
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) |
|
|
|
|
|
|
|
|
|
$...... |
|
|
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 |
|
|
|
|
|
|
|
|
|
$...... |
|
|
f. |
Actual annual obligation of the mother (subtract line 24e |
|
|
|
|
|
|
from line 24d) |
|
|
$...... |
|
|
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) |
|
|
|
|
|
|
|
$...... |
|
$...... |
|
|
h. |
Add line 20b, Col. I, to line 24g, Col. I, when father is the obligor or line 20b, Col. II, to line 24g, Col. II, when mother is obligor |
|
|
|
|
|
|
|
$...... |
|
$...... |
|
|
|
|
25. |
Deviation from split residential parent guideline amount shown on line 22c or 22f, 22f, 24c, or 24f if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.) |
|
|
|
|
|
|
|
|
|
|
WHEN HEALTH INSURANCE IS PROVIDED |
|
WHEN HEALTH INSURANCE IS NOT PROVIDED |
|
|
24 26. |
FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I enter line 22g plus or minus any amounts indicated in line 23 25, or in Col. II enter line 24h plus or minus any amounts indicated on line 25.) |
|
|
|
|
|
|
|
$...... |
|
$...... |
|
Father/Mother, OBLIGOR |
|
|
|
|
|
|
|
25 27. |
FOR DECREE: Child support per month (divide obligor's annual share, line 24 26, by 12) plus any processing charge |
|
|
|
|
|
|
|
$...... |
|
$...... |
|
|
|
|
|
|
|
|
|
28. |
FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's cash medical support from line 20b) |
|
|
|
|
|
|
|
|
|
$...... |
|
|
|
|
|
|
|
|
|
29. |
FOR DECREE: Cash medical support per month (divide line 28 by 12) |
|
|
|
|
|
|
|
|
|
$...... |
|
|
Prepared by: |
|
|
Counsel: .................... |
|
Pro se: ................. |
(For mother/father) |
|
|
CSEA: ....................... |
|
Other: .................. |
Worksheet Has Been Reviewed and Agreed To:
........................... |
|
........................... |
Mother |
|
Date |
........................... |
|
........................... |
Father |
|
Date |
Sec. 3119.05. When a court computes the amount of child
support
required to be paid under a court child support order or a
child
support enforcement agency computes the amount of child
support
to be paid pursuant to an administrative child support
order, all of the
following apply:
(A) The parents' current and past income
and
personal
earnings shall be verified by electronic means or with
suitable
documents, including, but not
limited to, paystubs, employer
statements, receipts and expense
vouchers related to
self-generated income, tax returns, and all
supporting
documentation and schedules for the tax returns.
(B) The amount of any pre-existing child support
obligation
of a parent under a child support order and the amount
of any
court-ordered spousal support actually paid
shall be deducted from
the gross income of that parent to the
extent that payment under
the child support order or that payment
of the court-ordered
spousal support is verified by supporting
documentation.
(C) If other minor children
who were born to the parent and
a person other than the
other parent who
is involved in the
immediate child support determination live with the
parent, the
court or agency shall deduct an amount from that parent's
gross
income that equals the number of such minor children times the
federal income tax exemption for such children less child support
received for
them for the year, not exceeding the federal income
tax exemption.
(D) When the court or agency calculates the gross income
of
a parent, it shall include the lesser of the following as
income
from overtime and bonuses:
(1) The yearly average of all overtime, commissions, and
bonuses
received during the three years immediately prior to the
time
when the person's child support obligation is being computed;
(2) The total overtime, commissions, and bonuses
received
during the
year immediately prior to the time when the person's
child
support obligation is being computed.
(E) When the court or agency calculates the gross income
of
a parent, it shall not include any income earned by the spouse
of
that parent.
(F) The court shall not order an amount of child
support for
reasonable and ordinary uninsured medical or dental
expenses in
addition to the amount of the child support
obligation determined
in accordance with the schedule. The court
shall issue a separate
order for extraordinary medical
or dental expenses, including, but
not limited to, orthodontia,
psychological, appropriate private
education, and other expenses,
and may consider the expenses in
adjusting a child support order.
(G) When a court or agency calculates the amount of child
support to be paid pursuant to a court child support order or an
administrative child support order, if the combined gross income
of both parents is an amount that is between two amounts set
forth
in the first column of the schedule, the court or agency
may use
the basic child support obligation that corresponds to
the higher
of the two amounts in the first column of the
schedule, use the
basic child support obligation that corresponds
to the lower of
the two amounts in the first column of the
schedule, or calculate
a basic child support obligation that is
between those two amounts
and corresponds proportionally to the
parents' actual combined
gross income.
(H) When the court or agency calculates gross income, the
court or agency, when appropriate, may average income over a
reasonable period of years.
(I) A court or agency shall not determine a parent receiving
means-tested public assistance benefits to be voluntarily
unemployed or
underemployed and shall not impute income to that
parent, unless not making
such determination and not imputing
income would be unjust, inappropriate, and
not in the best
interest of the child.
(J) When a court or agency requires a parent to pay an
amount for
that parent's failure to support a child for a period
of time prior to the
date the court modifies or issues a court
child support order or an agency
modifies or issues an
administrative child support order for the current
support of the
child, the court or agency shall calculate that amount using
the
basic child support schedule, worksheets, and child support laws
in
effect, and the incomes of the parents as they existed, for
that
prior period of time.
Sec. 3119.27. (A) A court that issues
or
modifies a court
support order, or an administrative agency
that issues or modifies
an administrative child support order,
shall impose on the obligor
under the support order a
processing charge that is the greater of
two
per cent of the support payment to be collected under a
support
order or one dollar per month. No court or
agency may
call the charge a poundage fee.
(B) In each child support case that is a Title IV-D case, the department of job and family services shall claim twenty-five dollars from the processing charge described in division (A) of this section for federal reporting purposes if the obligee has never received assistance under Title IV-A and the department has collected at least five hundred dollars of child support for the obligee. The director of job and family services shall adopt rules under Chapter 119. of the Revised Code to implement this division, and the department shall implement this division not later than March 31, 2008.
(C) As used in this section:
(1) "Annual" means the period as defined in regulations issued by the United States secretary of health and human services to implement the Deficit Reduction Act of 2005 (P.L. 109-171).
(2) "Title IV-A" has the same meaning as in section 5107.02 of the Revised Code.
(3) "Title IV-D case" has the same meaning as in section 3125.01 of the Revised Code.
Sec. 3119.29. (A) As used in this section and sections 3119.30
to 3119.56 of the Revised Code:
(A)(1) "Cash medical support" means an amount ordered to be paid in a child support order toward the cost of health insurance provided by a public entity, another parent, or person with whom the child resides, through employment or otherwise, or for other medical cost not covered by insurance.
(2) "Federal poverty line" has the same meaning as defined in section 5104.01 of the Revised Code.
(3) "Health care" means such medical support that includes coverage under a health insurance plan, payment of costs of premiums, co-payments, and deductibles, or payment for medical expenses incurred on behalf of the child.
(4) "Health insurance coverage" means accessible private health insurance that provides primary care services within thirty miles from the residence of the child subject to the child support order.
(5) "Health plan administrator" means any entity authorized
under Title XXXIX of the Revised Code to engage in the business of
insurance in this state, any health insuring corporation, any
legal entity that is self-insured and provides benefits to its
employees or members, and the administrator of any such entity or
corporation.
(B)(6) "National medical support notice" means a form required
by the "Child Support Performance and Incentive Act of 1998," P.L.
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and
jointly developed and promulgated by the secretary of health and
human services and the secretary of labor in federal regulations
adopted under that act as modified by the department of job and
family services under section 3119.291 of the Revised Code.
(C)(7) "Person required to provide health insurance coverage"
means the obligor, obligee, or both, required by the court under a
court child
support order or by the child support enforcement
agency under an
administrative child support order to provide
health insurance
coverage pursuant to section 3119.30 of the
Revised Code.
(8) Subject to division (B) of this section, "reasonable cost" means the contributing cost of private family health insurance to the person responsible for the health care of the children subject to the child support order that does not exceed an amount equal to five per cent of the annual gross income of that person.
(9) "Title XIX" has the same meaning as defined in section 5111.20 of the Revised Code.
(B) If the United States secretary of health and human services issues a regulation defining "reasonable cost" or a similar term or phrase relevant to the provisions in child support orders relating to the provision of health care for children subject to the orders, and if that definition is substantively different from the meaning of "reasonable cost" as defined in division (A) of this section, "reasonable cost" as used in this section shall have the meaning as defined by the United States secretary of health and human services.
Sec. 3119.30. (A) In any action or proceeding in which a child
support
order is issued or modified, the
court, with respect to
court child support orders, and the child support
enforcement
agency, with respect to administrative child support
orders, shall
determine the
person or persons responsible for the health care
of the
children subject to the child support order and shall include provisions for the health care of the children in the child support order. The order shall specify that the obligor and obligee are both liable for the health care of the children who are not covered by private health insurance or cash medical support as calculated in accordance with section 3119.022 or 3119.023 of the Revised Code, as applicable. The
determination shall be based
(B) Based on information provided to the
court
or to the child support enforcement agency under section
3119.31
of the Revised Code. The, the order shall include
one of
the following:
(A) A requirement that the obligor under the child support
order obtain health insurance coverage for the children if
coverage is available at a reasonable cost through a group
policy,
contract, or plan offered
by the obligor's employer or through any
other group
policy, contract, or plan available to
the obligor and
is
not available for a more reasonable cost through a group
policy, contract, or plan available to
the obligee;
(B)(1) A requirement that both the obligor and the obligee obtain private health insurance coverage for the children if coverage is available for the children at a reasonable cost to both the obligor and the obligee and dual coverage would provide for coordination of medical benefits without unnecessary duplication of coverage.
(2) A requirement that the obligee
obtain private health insurance
coverage for the children if
coverage is available through a group
policy, contract, or plan offered by the obligee's
employer or
through any other group
policy, contract, or plan available to the
obligee and
is available at a more reasonable cost than
coverage
is available to
the obligor;
(C)(3) A requirement that the obligor obtain private health insurance coverage for the children if coverage is available through any group policy, contract, or plan available to the obligor at a more reasonable cost than coverage is available to the obligee;
(4) If health insurance coverage for the children is not
available at
a reasonable cost
through a group policy, contract,
or plan offered by the obligor's or obligee's employer or through
any
other
group policy, contract, or plan
available to the obligor
or the obligee at the time the court or child enforcement agency issues the order, a requirement that the obligor
and or the obligee
share liability for the cost of the medical and
health care needs
of the children, under an equitable formula established by
the
court,
with respect to a court child support order, or the child
support enforcement agency, with respect to an administrative
child support order, and a
requirement that if, after the issuance
of the order,
health
insurance coverage for the children becomes
available at a
reasonable cost
through a group
policy, contract,
or plan offered
by the obligor's or obligee's employer or through
any other group
policy, contract, or plan
available to the obligor
or obligee, the
obligor or obligee to
whom the coverage becomes
available
immediately inform the court, with respect to a court
child support order, or the child support enforcement agency, with
respect to an administrative child support order;
(D) A requirement that both the
obligor and the obligee
obtain health insurance coverage for
the children if
coverage is
available for the children at a
reasonable cost to both the
obligor and the obligee and
dual coverage
would
provide for coordination of
medical benefits without unnecessary
duplication of coverage immediately inform the court or child support enforcement agency that private health insurance coverage for the children has become available to either the obligor or obligee. The court or child support enforcement agency shall determine if the private health insurance coverage is available at a reasonable cost and if coverage is reasonable, division (B)(2) or (3) shall apply, as applicable.
(C) When a child support order is issued or modified, and the obligor's gross income is one hundred fifty per cent or more of the federal poverty level for an individual, the order shall include the amount of cash medical support to be paid by the obligor that is either five per cent of the obligor's adjusted gross income or the obligor's share of the United States department of agriculture estimated annual health care expenditure per child as determined in accordance with federal law and regulation, whichever is the lower amount. The amount of cash medical support paid by the obligor shall be paid during any period after the court or child support enforcement agency issues or modifies the order in which the children are not covered by private health insurance.
(D) Any cash medical support paid pursuant to division (C) of this section shall be paid by the obligor to either the obligee if the children are not Medicaid recipients, or to the office of child support to defray the cost of Medicaid expenditures if the children are Medicaid recipients. The court or child support enforcement agency shall adjust the monthly child support obligation in accordance with the terms of the support order calculated pursuant to section 3119.022 or 3119.023 of the Revised Code, as applicable.
The court or child support enforcement agency shall give the obligor notice in accordance with Chapter 3121. of the Revised Code and provide the obligor an opportunity to be heard if the obligor believes there is a mistake of fact regarding the availability of private health insurance at a reasonable cost as determined under division (B) of this section.
(E) The obligor shall begin payment of any cash medical support on the first day of the month immediately following the month in which private health insurance coverage is unavailable or terminates and shall cease payment on the last day of the month immediately preceding the month in which private health insurance coverage begins or resumes. During payment of cash medical support, the obligor or obligee must immediately inform the court or child support enforcement agency that health insurance coverage for the children has become available.
Sec. 3119.302. (A) When the court, with respect to a court child support order, or the child support enforcement agency, with respect to an administrative child support order, determines the person or persons responsible for the health care of the children subject to the order pursuant to section 3119.30 of the Revised Code, all of the following apply:
(1) The court or agency shall consider any private health insurance in which the obligor, obligee, or children, are enrolled at the time the court or agency issues the order.
(2) If the contributing cost of private family health insurance to either parent exceeds five per cent of that parent's annual gross income, that parent shall not be ordered to provide private health insurance for the child except as follows:
(a) When both parents agree that one, or both, of the parents obtain or maintain the private health insurance that exceeds five per cent of the annual gross income of the parent obtaining or maintaining the private health insurance;
(b) When either parent requests to obtain or maintain the private health insurance that exceeds five per cent of that parent's annual gross income;
(c) When the court determines that it is in the best interest of the children for a parent to obtain and maintain private health insurance that exceeds five per cent of that parent's annual gross income and the cost will not impose an undue financial burden on either parent. If the court makes such a determination, the court must include the facts and circumstances of the determination in the child support order.
(3) If private health insurance is available at a reasonable cost to either parent through a group policy, contract, or plan, and the court determines that it is not in the best interest of the children to utilize the available private health insurance, the court shall state the facts and circumstances of the determination in the child support order. The court determination under this division shall not limit any obligation to provide cash medical support pursuant to section 3119.30 of the Revised Code.
(4) Notwithstanding division (A)(4) of section 3119.29 of the Revised Code, the court or agency may allow private health insurance to be farther than thirty miles if residents in part or all of the immediate geographic area customarily travel farther distances or if primary care services are accessible only by public transportation. The court or agency shall include this accessibility determination in the child support order.
(B) The director of job and family services shall create and annually update a table to be used to determine the amount of cash medical support to be paid pursuant to division (C) of section 3119.30 of the Revised Code. The table shall incorporate potential combined gross incomes of the parties, in a manner determined by the director, and the United States department of agriculture estimated annual health care expenditure per child as determined in accordance with federal law and regulation.
Sec. 3119.32. A child support order
shall contain
all of the
following:
(A) If
the obligor,
obligee, or both
obligor and
obligee, are
required under
section 3119.30 of the Revised Code to
provide
private health insurance coverage for the children, a
requirement
pursuant to section 3119.30 of the Revised Code that
whoever is required to
provide private health insurance
coverage
provide to the other, not
later than thirty
days after the issuance of the order,
information regarding
the
benefits, limitations, and exclusions of
the
coverage, copies of
any insurance forms necessary to receive
reimbursement, payment,
or other benefits under the
coverage, and
a copy of any necessary
insurance cards;
(B)
A statement setting forth the name, address, and
telephone number of the individual who is to be reimbursed for
out-of-pocket medical, optical, hospital, dental, or prescription
expenses paid for each child and a statement that the
health plan administrator that
provides
the private health
insurance
coverage for the children may
continue making payment
for medical,
optical, hospital, dental, or
prescription services
directly to
any health care provider in
accordance with the
applicable private health
insurance policy, contract,
or
plan;
(C) A requirement that
a
person required to provide private health insurance coverage for the
children
designate
the children
as covered dependents under any
private health insurance
policy, contract, or plan for which
the person contracts;
(D) A requirement that the obligor, the obligee, or both
of
them under a formula established by the court, with respect to
a
court child support order, or the child support enforcement
agency, with
respect to an administrative child support order, pay
co-payment
or deductible costs required under the private health insurance
policy, contract, or plan that covers the children;
(E) A notice that
the employer of the
person
required to obtain private health insurance
coverage is
required to
release to the other parent, any person subject to an order issued
under section 3109.19 of the Revised Code, or the child support
enforcement
agency on written request any necessary information
on
the private health
insurance coverage, including
the name and address of
the
health plan administrator
and any
policy, contract, or
plan
number, and to otherwise comply
with
this section and any
order or
notice issued under this
section;
(F) A statement setting forth the full name and date of
birth of each child who is the subject of the child support
order;
(G) A requirement that the obligor and the obligee comply
with any requirement described in section 3119.30 of the Revised
Code and divisions
(A) and
(C) of this section that is
contained
in an order
issued
in compliance with this section no
later than
thirty days
after the issuance
of the order;
(H) A notice that states the following: "If the person
required to obtain private health care insurance coverage for the
children
subject to this child support order obtains new
employment, the agency shall comply
with the requirements
of
section 3119.34 of the Revised
Code, which may
result in the
issuance of a notice requiring the
new employer to
take whatever
action is necessary to enroll the
children in private health
care
insurance coverage provided by the new
employer."
(I) A statement that, upon receipt of notice by the court or child support enforcement agency that private health insurance coverage is not available at a reasonable cost, cash medical support shall be paid in the amount as determined by the child support computation worksheets in section 3119.022 or 3119.023 of the Revised Code, as applicable. The court or child support enforcement agency may change the financial obligations of the parties to pay child support and cash medical support without a hearing or additional notice to the parties.
Sec. 3123.23. (A) The director of job and family services shall adopt rules under Chapter 119. of the Revised Code to implement a program to collect arrearages owed under child support orders from insurance claims, settlements, awards, and payments based on information obtained pursuant to Title IV-D of the Social Security Act, 42 U.S.C. 652.
(B) Any insurer and any director, agent, or employee authorized to act on behalf of an insurer, that releases information or makes a disclosure in accordance with rules adopted pursuant to this section shall be immune from liability in a civil action for harm resulting from the disclosure.
(C) As used in this section, "insurer" has the same meaning as in section 3901.32 of the Revised Code.
Sec. 3125.12. Each child
support enforcement agency shall enter into a plan
of cooperation with the board of county commissioners under section 307.983
of the Revised Code and comply with
each fiscal grant agreement the board enters
into under section sections 307.98 and 5101.21 and contracts the board enters into under sections
307.981 and 307.982 of the Revised Code that affect the
agency.
Sec. 3301.011. As used in Title XXXIII of the
Revised Code, "total student count" for
any school district means the average number of students
enrolled during the first full school week of October in a
school district in grades kindergarten through twelve, including
students with dual enrollment in a joint vocational or
cooperative education district that week, and the total number of
students
enrolled in preschool handicapped units for preschool children with disabilities on the first day of
December in the district.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers otherwise imposed on the state board under the provisions
of law, the board shall have the following powers:
(A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law;
(B) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be
provided by the board to school districts and educational service
centers of this state. The board also shall develop a standard of
financial reporting which shall be used by all school districts
and educational service centers to make their financial
information available to the public in a format understandable by
the average citizen and provide year-to-year comparisons for at
least five years. The format shall show, among other things,
district and educational service center revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) Administer and supervise the allocation and distribution
of all state and federal funds for public school education under
the provisions of law, and may prescribe such systems of
accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or
other public officers or employees, to file with it such reports
as it may prescribe relating to such funds, or to the management
and condition of such funds.
(D) Formulate and prescribe minimum standards to be applied
to all elementary and secondary schools in this state for the
purpose of requiring a general education of high quality. Such
standards shall provide adequately for: the licensing of teachers,
administrators,
and other professional personnel and their
assignment according to
training and qualifications; efficient and
effective instructional
materials and equipment, including library
facilities; the proper
organization, administration, and
supervision of each school,
including regulations for preparing
all necessary records and
reports and the preparation of a
statement of policies and
objectives for each school; buildings,
grounds, health and
sanitary facilities and services; admission of
pupils, and such
requirements for their promotion from grade to
grade as will
assure that they are capable and prepared for the
level of study
to which they are certified; requirements for
graduation; and such
other factors as the board finds necessary.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
(E)
May
require as part of the health
curriculum
information developed under
section 2108.15 of the
Revised Code
promoting the donation of
anatomical gifts pursuant
to Chapter
2108. of the Revised Code and
may provide the
information to high
schools, educational service
centers, and
joint vocational school
district boards of education;
(F) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems
of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level;
(G) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state;
(H) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state;
(I) Require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of
school districts and educational service centers shall certify as
to the accuracy of all reports required by law or state board or
state department of education rules to be submitted by the
district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
handicapped children with disabilities pursuant to Chapter 3323. of the Revised
Code, including procedures, standards, and guidelines governing
programs and services operated by county boards of mental
retardation and developmental disabilities pursuant to section
3323.09 of the Revised Code;
(K) For the purpose of encouraging the development of
special programs of education for academically gifted children,
employ competent persons to analyze and publish data, promote
research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out
of any funds appropriated for this purpose to boards of education
and educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) Require that all public schools emphasize and encourage,
within existing units of study, the teaching of energy and
resource conservation
as recommended to each district board of
education by leading business persons involved in energy
production and conservation, beginning in the primary grades;
(M) Formulate and prescribe minimum standards requiring the
use of phonics as a technique in the teaching of reading in grades
kindergarten through three. In addition, the state board shall
provide in-service training programs for teachers on the use of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N) Develop and modify as necessary a state plan for
technology to encourage and promote the use of technological
advancements in educational settings.
The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve
on temporary committees established by the board for such purposes
as are necessary. Permanent or standing committees shall not be
created.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish
to, grade, and score all tests required
by
section 3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts, except that each district shall score any test administered pursuant to division (B)(10) of this section. Each test so furnished shall include the data verification code of the student to whom the test will be administered, as assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code. In furnishing the practice versions of Ohio graduation tests prescribed by division (F) of section 3301.0710 of the Revised Code, the department shall make the tests available on its web site for reproduction by districts. In awarding contracts for grading tests, the
department shall give preference to Ohio-based entities employing
Ohio residents.
(2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the reading test prescribed under division (A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(c) of section
3301.0710 of the Revised
Code.
(2) Administer the mathematics test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code at least once annually to all students in the third grade.
(3) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to all students in the fourth grade.
(4) Administer the tests prescribed
under division
(A)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to
all students in the
fifth grade.
(5) Administer the tests prescribed under division (A)(1)(d) of section 3301.0710 of the Revised Code at least once annually to all students in the sixth grade.
(6) Administer
the tests prescribed under division
(A)(1)(e)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade.
(7)
Administer
the tests prescribed under division (A)(1)(f)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade.
(8) Except as provided in division (B)(9) of this
section,
administer any test prescribed under division (B) of
section
3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade who have not yet attained the score on that test designated
under that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test prescribed under division (B) of section
3301.0710 of the Revised Code at least twice annually to any student enrolled in the joint vocational school district who has
not yet attained the score on that test designated under that
division. A board of a joint vocational school district may also
administer such a test to any student described in division
(B)(8)(b) of this section.
(10) If the district has been declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code or has a three-year average graduation rate of not more than seventy-five per cent, administer each test prescribed by division (F) of section 3301.0710 of the Revised Code in September to all ninth grade students, beginning in the school year that starts July 1, 2005.
(C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may be excused from
taking
any particular test required to be administered under this
section if the individualized education program developed for the
student pursuant to section 3323.08 of the Revised Code excuses
the student from taking that test
and
instead specifies an
alternate assessment method approved by the
department of
education as conforming to requirements of federal
law for receipt
of federal funds for disadvantaged pupils. To the
extent
possible, the individualized education program shall not
excuse
the student from taking a test unless no reasonable
accommodation
can be made to enable the student to take the test.
(b) Any alternate assessment approved by the department
for
a student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing in order to allow for the student's
assessment results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised Code.
(c) Any
student
enrolled in a chartered
nonpublic school
who has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a
child with a disability shall be excused
from taking any
particular test
required to be administered under
this section if
a plan developed for the
student pursuant to rules
adopted by the
state board excuses the student from
taking that
test. In the
case of any student so excused from taking a test,
the chartered
nonpublic school shall not prohibit the student from
taking the
test.
(2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test administered
under this
section on the date scheduled, but any such test shall
be
administered to such excused student not later than
nine days
following the scheduled date. The board shall annually
report the
number of students who have not taken one or more of
the tests
required by this section to the state board of
education not later
than the thirtieth day of
June.
(3) As used in this division, "limited English proficient student"
has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English proficient student from taking any particular test required to be administered under this section, except that any limited English proficient student who has been enrolled in United States schools for less than one full school year shall not be required to take any such reading or writing test. However, no board shall prohibit a limited English proficient student who is not required to take a test under this division from taking the test. A board may permit any limited English proficient student to take any test required to be administered under this section with appropriate accommodations, as determined by the department. For each limited English proficient student, each
school district shall annually assess that student's progress
in learning
English, in accordance with procedures approved by the
department.
The
governing authority of a
chartered
nonpublic school may excuse a limited English proficient student from taking any test administered under this section. However, no governing authority shall prohibit
a limited English proficient student
from
taking the test.
(D)(1) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) or (B) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2), or (B) of
section
3301.0710 of the Revised Code as it existed prior to
September 11, 2001, are administered to any
student,
the board
of education of any school district in which
the
student
is
enrolled in that year shall provide
to the student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on the test.
(2) Following any administration of the tests prescribed by division (F) of section 3301.0710 of the Revised Code to ninth grade students, each school district that has a three-year average graduation rate of not more than seventy-five per cent shall determine for each high school in the district whether the school shall be required to provide intervention services to any students who took the tests. In determining which high schools shall provide intervention services based on the resources available, the district shall consider each school's graduation rate and scores on the practice tests. The district also shall consider the scores received by ninth grade students on the reading and mathematics tests prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code in the eighth grade in determining which high schools shall provide intervention services.
Each high school selected to provide intervention services under this division shall provide intervention services to any student whose test results indicate that the student is failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio graduation tests. Intervention services shall be provided in any skill in which a student demonstrates unsatisfactory progress and shall be commensurate with the student's test performance. Schools shall provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
utilize any
student's failure to
attain a
specified score on
any test administered under this
section
as a
factor in any decision to deny the student promotion
to a higher
grade level. However, a district board may
choose not
to promote
to
the next grade level any student who does not take
any
test
administered under this section or make up
such test as
provided
by division (C)(2) of this section and who is not exempt from the requirement to take the test under division (C)(3) of this section.
(F) No person shall be charged a fee for taking any test
administered under this section.
(G)(1) Each school district board shall submit designate one location for the collection of tests administered in the spring under division (B)(1) of this section and the tests administered under divisions (B)(2) to (7) of this section. Each district board shall submit the tests to the entity with which the department contracts for the scoring of the tests as follows:
(a) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was less than two thousand five hundred, not later than the Friday after the tests are administered, except that;
(b) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was two thousand five hundred or more, but less than seven thousand, not later than the Monday after the tests are administered;
(c) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was seven thousand or more, not later than the Tuesday after the tests are administered.
However, any such test that a student takes during the make-up period described in division (C)(2) of this section shall be submitted not later than the Friday following the day the student takes the test.
(2)
The
department or an entity with which the department contracts for the scoring of the test shall send to each school district board a list of the
individual test scores of all persons taking any test prescribed by division (A)(1) or (B) of section 3301.0710 of the Revised Code within sixty days after its administration, but in no case shall the scores be returned later than the fifteenth day of June following the administration. For any
tests administered under this section by a joint vocational school
district, the department or entity shall also send to each city, local, or
exempted village school district a list of the individual test
scores of any students of such city, local, or exempted village
school district who are attending school in the joint vocational
school district.
(H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules
adopted under division (A) of this section. No district
board or
its employees shall utilize individual or aggregate test
results
in any manner that conflicts with rules for the ethical
use of
tests adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section,
the
department or an entity with which the department contracts for the scoring of the test shall not release any individual test scores on
any
test administered under this section. The state board of education shall adopt rules to
ensure the protection of student confidentiality at all times. The rules may require the use of the data verification codes assigned to students pursuant to division (D)(2) of section 3301.0714 of the Revised Code to protect the confidentiality of student test scores.
(J) Notwithstanding
division (D) of section 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
cooperative education school district except as
provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education
school
district established pursuant to
divisions (A) to (C) of
section
3311.52 of the Revised Code may
enter into an agreement
with the
board of education of the
cooperative
education school district for administering any test
prescribed
under this section to students of the city, exempted
village, or
local school district who are attending school in the
cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test prescribed under this section to both
of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this
section.
Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 or 3301.0712 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing to the
superintendent of public instruction prior to the
first day of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department.
(2) The department of education shall furnish the tests
prescribed by section 3301.0710 or 3301.0712 of the Revised Code to any
chartered nonpublic school electing to participate under this
division.
(L)(1)
The superintendent of the state school for the blind
and
the
superintendent of the state school for the deaf shall
administer
the tests described by section 3301.0710 of the
Revised
Code.
Each
superintendent shall administer the tests in
the same
manner
as
district boards are required to do under this
section
and rules
adopted by the department of education
and in conformity
with
division (C)(1)(a) of this section.
(2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent.
(M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least the basic range on the mathematics test described by division (A)(1)(a) of section 3301.0710 of the Revised Code or on any of the
tests
described by division
(A)(1)(b), (c), (d), (e), or (f) of
section 3301.0710 of the
Revised
Code
as a factor in retaining that student in the current
grade
level.
(N)(1) In the manner specified in divisions (N)(3) to (5) of this section, the
tests required by section
3301.0710
of the
Revised Code shall become public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the
school year that the test was
administered.
(2) The department may field test proposed
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test. The department also may use anchor questions on tests to ensure that different versions of the same test are of comparable difficulty.
Field test questions and anchor questions shall not be considered in computing
test scores for
individual students. Field test questions and anchor questions may be
included
as part of the administration of any
test
required by
section
3301.0710 of the Revised Code.
(3) Any field test question or anchor question administered under division
(N)(2) of
this section shall not be a public record. Such field
test questions and anchor questions shall be
redacted from any
tests which
are
released as a public record pursuant to division (N)(1) of
this
section.
(4) This division applies to the tests prescribed by division (A) of section 3301.0710 of the Revised Code.
(a) The first administration of each test, as specified in section 3301.0712 of the Revised Code, shall be a public record.
(b) For subsequent administrations of each test, not less than forty per cent of the questions on the test that are used to compute a student's score shall be a public record. The department shall determine which questions will be needed for reuse on a future test and those questions shall not be public records and shall be redacted from the test prior to its release as a public record. However, for each redacted question, the department shall inform each city, local, and exempted village school district of the statewide academic standard adopted by the state board of education under section 3301.079 of the Revised Code and the corresponding benchmark to which the question relates. The preceding sentence does not apply to field test questions that are redacted under division (N)(3) of this section.
(5) Each test prescribed by division (B) of section 3301.0710 of the Revised Code that is administered in the spring shall be a public record. Each test prescribed by that division that is administered in the fall or summer shall not be a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school before completing course requirements for graduation and who is not enrolled in an education program approved by the state board of education or an education program outside the state. "Dropout" does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a diploma to the number of students who entered ninth grade four years earlier. Students who transfer into the district are added to the calculation. Students who transfer out of the district for reasons other than dropout are subtracted from the calculation. If a student who was a dropout in any previous year returns to the same school district, that student shall be entered into the calculation as if the student had entered ninth grade four years before the graduation year of the graduating class that the student joins.
Sec. 3301.0714. (A) The state board of education shall
adopt rules for a statewide education management information
system. The rules shall require the state board to
establish
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this
section. The guidelines shall include:
(1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the
data to the state board in accordance with division
(D) of this
section;
(3) Procedures for annually compiling the data in
accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a
specific
type of student, or both, such as regular instructional
services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of handicap disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant to
division (C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code;
(e) The number of students designated as having a
handicapping disabling condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration.
(j) The percentage of students receiving corporal
punishment;
(l) Rates of retention in grade;
(m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each
school
district, including:
(a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building.
(b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building.
(c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district.
(d) The number of master teachers employed by each school district and each school building, once a definition of master teacher has been developed by the educator standards board pursuant to section 3319.61 of the Revised Code.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal law.
(C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following:
(1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher;
(b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category;
(c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract;
(b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer;
(c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category.
(D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the
information technology center operated under
section
3301.075 of the
Revised Code
and is
authorized
by the
district or
technology center to have
access to
such
information or is employed by an entity with which the department contracts for the scoring of tests administered under section 3301.0711 or 3301.0712 of the Revised Code.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members.
(2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section.
Individual student data shall be reported to the department
through the
information technology centers utilizing the code but, except as provided in section 3310.11 of the Revised Code, at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data.
Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section.
The director of health shall request and receive, pursuant to sections 3301.0723 and 3701.62 of the Revised Code, a data verification code for a child who is receiving services under division (A)(2) of section 3701.61 of the Revised Code.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section.
(F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.357 or 3319.321 of
the Revised Code.
(G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall:
(1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school district.
(2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education.
(3) Copies of the reports received from the state board
under divisions
(H)(1) and (2) of this section shall be made
available to the general public at each school district's
offices.
Each district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance with section 3314.17 of the Revised Code, any community school. As used in division (L) of this section, "school district" also includes any educational service center or other educational entity required to submit data using the system established under this section.
(2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data.
(L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files:
(1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system;
(2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system;
(3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system.
Any report made under this division shall include
recommendations
for corrective action by the school district.
Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within
forty-five days of the date
upon
which the
report was made by the department.
(1) In accordance with division (L)(2) of this section, the department of education may sanction any school district that reports incomplete or inaccurate data, reports data that does not conform to data requirements and descriptions published by the department, fails to report data in a timely manner, or otherwise does not make a good faith effort to report data as required by this section.
(2) If the department decides to sanction a school district under this division, the department shall take the following sequential actions:
(a) Notify the district in writing that the department has determined that data has not been reported as required under this section and require the district to review its data submission and submit corrected data by a deadline established by the department. The department also may require the district to develop a corrective action plan, which shall include provisions for the district to provide mandatory staff training on data reporting procedures.
(b) Withhold up to ten per cent of the total amount of state funds due to the district for the current fiscal year and, if not previously required under division (L)(2)(a) of this section, require the district to develop a corrective action plan in accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of the total amount of state funds due to the district for the current fiscal year;
(d) Direct department staff or an outside entity to investigate the district's data reporting practices and make recommendations for subsequent actions. The recommendations may include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent of the total amount of state funds due to the district for the current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data management system;
(vi) Conduct an investigation to determine whether to suspend or revoke the license of any district employee in accordance with division (N) of this section;
(vii) If the district is issued a report card under section 3302.03 of the Revised Code, indicate on the report card that the district has been sanctioned for failing to report data as required by this section;
(viii) If the district is issued a report card under section 3302.03 of the Revised Code and incomplete or inaccurate data submitted by the district likely caused the district to receive a higher performance rating than it deserved under that section, issue a revised report card for the district;
(ix) Any other action designed to correct the district's data reporting problems.
(3) Any time the department takes an action against a school district under division (L)(2) of this section, the department shall make a report of the circumstances that prompted the action. The department shall send a copy of the report to the district superintendent or chief administrator and maintain a copy of the report in its files.
(4) If any action taken under division (L)(2) of this section resolves a school district's data reporting problems to the department's satisfaction, the department shall not take any further actions described by that division. If the department withheld funds from the district under that division, the department may release those funds to the district, except that if the department withheld funding under division (L)(2)(c) of this section, the department shall not release the funds withheld under division (L)(2)(b) of this section and, if the department withheld funding under division (L)(2)(d) of this section, the department shall not release the funds withheld under division (L)(2)(b) or (c) of this section.
(5) Notwithstanding anything in this section to the contrary, the department may use its own staff or an outside entity to conduct an audit of a school district's data reporting practices any time the department has reason to believe the district has not made a good faith effort to report data as required by this section. If any audit conducted by an outside entity under division (L)(2)(d)(i) or (5) of this section confirms that a district has not made a good faith effort to report data as required by this section, the district shall reimburse the department for the full cost of the audit. The department may withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school district under division (L)(2)(d)(viii) of this section, the department may hold a hearing to provide the district with an opportunity to demonstrate that it made a good faith effort to report data as required by this section. The hearing shall be conducted by a referee appointed by the department. Based on the information provided in the hearing, the referee shall recommend whether the department should issue a revised report card for the district. If the referee affirms the department's contention that the district did not make a good faith effort to report data as required by this section, the district shall bear the full cost of conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data reported under this section caused a school district to receive excess state funds in any fiscal year, the district shall reimburse the department an amount equal to the excess funds, in accordance with a payment schedule determined by the department. The department may withhold state funds due to the district for this purpose.
(8) Any school district that has funds withheld under division (L)(2) of this section may appeal the withholding in accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and a school district regarding the appropriateness of an action taken under division (L)(2) of this section, the burden of proof shall be on the district to demonstrate that it made a good faith effort to report data as required by this section.
(M) No information technology center or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
(N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system.
(O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0718. (A) After completing the required standards
specified in section 3301.079 of the Revised Code, the state
board
of education shall adopt standards and model curricula for
instruction in computer literacy for grades three through twelve
and in fine arts and foreign language for grades kindergarten
through twelve. The
(B) Not later than December 31, 2007, the state board shall adopt the most recent standards developed by the national association for sport and physical education for physical education in grades kindergarten through twelve or shall adopt its own standards for physical education in those grades. The department of education shall provide the standards, and any revisions of the standards, to all school districts and community schools established under Chapter 3314. of the Revised Code. Any school district or community school may utilize the standards.
The department shall employ a full-time physical education coordinator to provide guidance and technical assistance to districts and community schools in implementing the standards adopted under this division. The superintendent of public instruction shall determine that the person employed as coordinator is qualified for the position, as demonstrated by possessing an adequate combination of education, license, and experience. The department shall hire a coordinator not later than October 31, 2007.
(C) The state board shall not adopt or revise any
standards or
curriculum in the area of health or
physical
education unless, by
concurrent
resolution, the standards,
curriculum, or revisions are
approved
by both houses of the
general assembly. Before the house
of
representatives or senate
votes on a concurrent resolution
approving health or physical
education standards, curriculum, or
revisions, its standing
committee having jurisdiction over
education legislation shall
conduct at least one public hearing on
the standards, curriculum,
or revisions.
(B)(D) The state board shall not adopt a diagnostic assessment
or achievement test for any grade level or subject area other than
those specified in section 3301.079 of the Revised Code.
Sec. 3301.0724. (A) The department of education annually shall report to the general assembly, in accordance with section 101.68 of the Revised Code, for each school district all of the following information for the previous school year:
(1) The aggregate amount spent for teacher salaries;
(2) The aggregate amount spent for salaries of nonteaching employees;
(3) The aggregate amount spent for health care benefits for all employees and the percentage that amount is of the total amount paid in employer's contributions and employees' contributions for those benefits;
(4) The aggregate amount spent for the employer's contributions to the state teachers retirement system and the school employees retirement system;
(5) Whether the school district pays any part of the employees' contributions to the state teachers retirement system or the school employees retirement system;
(6) The number of sick days, vacation days, and personal days provided for teachers and nonteaching employees.
(B) The department shall consult with the state employment relations board in preparing the report required by this section.
(C) If necessary, as determined by the department, each school district shall report to the department data prescribed by division (A) of this section in the manner and by the deadline specified by the department so that the department can comply with this section.
(D) As used in this section, "school year" has the same meaning as in section 3313.62 of the Revised Code.
Sec. 3301.12. (A) The superintendent of public
instruction in addition to the authority otherwise imposed on
the superintendent, shall perform the following duties:
(1) The superintendent shall provide technical and
professional assistance
and advice to all school districts in reference to all aspects of
education, including finance, buildings and equipment,
administration, organization of school districts, curriculum and
instruction, transportation of pupils, personnel problems, and
the interpretation of school laws and state regulations.
(2) The superintendent shall prescribe and require the
preparation and
filing of such financial and other reports from school districts,
officers, and employees as are necessary or proper. The
superintendent shall prescribe and require the installation by school
districts of
such standardized reporting forms and accounting procedures as
are essential to the businesslike operations of the public
schools of the state.
(3) The superintendent shall conduct such studies and
research projects as
are necessary or desirable for the improvement of public school
education in Ohio, and such as may be assigned to the
superintendent by the state board of education. Such studies and projects may include analysis of data contained in the education management information system established under section 3301.0714 of the Revised Code. For any study or project that requires the analysis of individual student data, the department of education or any entity with which the superintendent or department contracts to conduct the study or project shall maintain the confidentiality of student data at all times. For this purpose, the department or contracting entity shall use the data verification code assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code for each student whose data is analyzed. Except as otherwise provided in division (D)(1) of section 3301.0714 of the Revised Code, at no time shall the superintendent, the department, the state board of education, or any entity conducting a study or research project on the superintendent's behalf have access to a student's name, address, or social security number while analyzing individual student data.
(4) The superintendent shall prepare and submit annually to
the state
board of education a report of the activities of the department
of education and the status, problems, and needs of education in
the state of Ohio.
(5) The superintendent shall supervise all agencies over
which the board
exercises administrative control, including schools for education
of handicapped persons with disabilities.
(B) The superintendent of public instruction may annually
inspect and analyze the expenditures of each school district and
make a determination as to the efficiency of each district's
costs, relative to other school districts in the state, for
instructional, administrative, and student support services. The
superintendent shall notify each school district as to the nature
of, and reasons for, the determination. The state board of
education shall adopt rules in accordance with Chapter 119. of
the Revised Code setting forth the procedures and standards for
the performance of the inspection and analysis.
Sec. 3301.162. (A) If the governing authority of a chartered nonpublic school intends to close the school, the governing authority shall notify all of the following of that intent prior to closing the school:
(1) The department of education;
(2) The school district that receives auxiliary services funding under division (I) of section 3317.024 of the Revised Code on behalf of the students enrolled in the school;
(3) The accrediting association that most recently accredited the school for purposes of chartering the school in accordance with the rules of the state board of education, if applicable.
The notice shall include the school year and, if possible, the actual date the school will close.
(B) The chief administrator of each
chartered nonpublic school that closes shall deposit the school's records with either:
(1) The accrediting association that most recently accredited the school for purposes of chartering the school in accordance with the rules of the state board, if applicable;
(2) The
school district that received auxiliary services funding under division (I) of section 3317.024 of the Revised Code on behalf of the students enrolled in the school.
The school district that receives the records may charge for and receive a one-time reimbursement from auxiliary services funding under division (I) of section 3317.024 of the Revised Code for costs the district incurred to store the records.
Sec. 3301.311. (A) As used in this section, "preschool program" has the same meaning as in section 3301.52 of the Revised Code.
(B)(1) Subject to division (B)(2) divisions (C) and (D) of this section, after July 1, 2005 beginning in fiscal year 2006, no preschool program, and no early childhood education program or early learning program as defined by the department of education shall
receive any funds from the state unless fifty per cent of the staff members
employed by that program as teachers are working toward an associate degree of
a type approved by the department.
(C)(1)
Subject to division (B)(C)(2) of this section, beginning in fiscal year 2008 2010, no preschool program, and no early childhood education program, or early learning program as defined by the department, existing prior to fiscal year 2007, shall receive
any funds from the state unless every staff member employed by
that program as a teacher has attained such a an associate degree of a type approved by the department.
(2) After July 1, 2010 Beginning in fiscal year 2011, no preschool program, and no early childhood education program or early learning program as defined by the department of education, existing prior to fiscal year 2007, shall receive any funds from the state unless fifty per cent of the staff members employed by the program as teachers have attained a bachelor's degree of a type approved by the department.
(D)(1) Subject to division (D)(2) of this section, beginning in fiscal year 2012, no preschool program, and no early childhood education program or early learning program as defined by the department, established during or after fiscal year 2007, shall receive any funds from the state unless every staff member employed by that program as a teacher has attained an associate degree of a type approved by the department.
(2) Beginning in fiscal year 2013, no preschool program, and no early childhood education program or early learning program as defined by the department, established during or after fiscal year 2007, shall receive any funds from the state unless fifty per cent of the staff members employed by the program as teachers have attained a bachelor's degree of a type approved by the department.
Sec. 3301.53. (A) Not later than July 1, 1988, the The state
board of education, in consultation with the director of job and
family
services, shall formulate and prescribe by rule adopted
under
Chapter 119. of the Revised Code minimum standards to be
applied
to preschool programs operated by school district boards
of
education, county MR/DD boards, or eligible nonpublic
schools. The rules
shall include the following:
(1) Standards ensuring that the preschool program is
located
in a safe and convenient facility that accommodates the
enrollment
of the program, is of the quality to support the
growth and
development of the children according to the program
objectives,
and meets the requirements of section 3301.55 of the
Revised Code;
(2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures;
(3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without
discrimination
on the basis of age, color, national origin, race,
or sex; and
that preschool staff members and nonteaching
employees are
assigned responsibilities in accordance with
written position
descriptions commensurate with their training
and experience;
(4) A requirement that boards of education intending to
establish a preschool program on or after March 17, 1989,
demonstrate a need for a preschool program that is not being met
by any existing program providing child care, prior to
establishing the program;
(5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease;
(6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code.
(B) The state board of education in consultation with the
director of job and family services shall ensure that the rules
adopted
by
the state board under sections 3301.52 to 3301.58 of
the Revised
Code are consistent with and meet or exceed the
requirements of
Chapter 5104. of the Revised Code with regard to
child day-care
centers. The state board and the director of job
and family services
shall review all such rules at least once
every five years.
(C) On or before January 1, 1992, the The state board of
education, in consultation with the director of
job and family
services,
shall adopt rules for school child programs that are
consistent
with and meet or exceed the requirements of the rules
adopted for
school child day-care centers under Chapter 5104. of
the Revised
Code.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a district all of the following:
(1) The extent to which the school district or building
meets each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved;
(2) The performance index score of the school district or building;
(3) Whether the school district or building has made adequate yearly progress;
(4) Whether the school district or building is
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
(B) Except as otherwise provided in division divisions (B)(6) and (7) of this section:
(1) A school district or building shall be declared
excellent if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets at least ninety-four per cent of the applicable state
performance indicators or has a performance index score established by the department.
(b) It has failed to make adequate yearly progress for not more than two consecutive years and either meets at least ninety-four per cent of the applicable state performance indicators or has a performance index score established by the department.
(2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets
at least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance index score established by the department.
(b) It does not make adequate yearly progress and either meets at least seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department, except that if it does not make adequate yearly progress for three consecutive years, it shall be declared in need of continuous improvement.
(3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following requirements:
(a) It makes adequate yearly progress, meets less than seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the department.
(b) It does not make adequate yearly progress and either meets at least fifty per cent but less than seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department.
(4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly progress and either meets at least thirty-one per cent but less than fifty per cent of the
applicable
state
performance
indicators or has a performance index score established by the department.
(5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance index score established by the department.
(6) When designating performance ratings for school districts and buildings under divisions (B)(1) to (5) of this section, the department shall not assign a school district or building a lower designation from its previous year's designation based solely on one subgroup not making adequate yearly progress.
(7) Division (B)(7) of this section does not apply to any community school established under Chapter 3314. of the Revised Code in which a majority of the students are enrolled in a dropout prevention and recovery program.
A school district or building shall not be assigned a higher performance rating than in need of continuous improvement if at least ten per cent but not more than fifteen per cent of the enrolled students do not take all achievement tests prescribed for their grade level under section 3301.0710 of the Revised Code from which they are not excused pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code. A school district or building shall not be assigned a higher performance rating than under an academic watch if more than fifteen per cent but not more than twenty per cent of the enrolled students do not take all achievement tests prescribed for their grade level under section 3301.0710 of the Revised Code from which they are not excused pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code. A school district or building shall not be assigned a higher performance rating than in a state of academic emergency if more than twenty per cent of the enrolled students do not take all achievement tests prescribed for their grade level under section 3301.0710 of the Revised Code from which they are not excused pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code.
(C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are classified as limited English proficient;
(j) Performance of students grouped by those who have disabilities;
(k) Performance of students grouped by those who are classified as migrants;
(l) Performance of students grouped by those who are identified as gifted pursuant to Chapter 3324. of the Revised Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall disaggregate data on student performance according to any combinations of two or more of the categories listed in divisions (C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students. For this purpose, the department shall not report student performance data for any group identified in division (C)(3) of this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6)(a) This division does not apply to conversion community schools that primarily enroll students between sixteen and twenty-two years of age who dropped out of high school or are at risk of dropping out of high school due to poor attendance, disciplinary problems, or suspensions.
For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(b) Any district that leases a building to a community school located in the district or that enters into an agreement with a community school located in the district whereby the district and the school endorse each other's programs may elect to have data regarding the academic performance of students enrolled in the community school combined with comparable data from the schools of the district for the purpose of calculating the performance of the district as a whole on the district report card. Any district that so elects shall annually file a copy of the lease or agreement with the department.
(7) The department shall include on each report card the percentage of teachers in the district or building who are highly qualified, as defined by the "No Child Left Behind Act of 2001," and a comparison of that percentage with the percentages of such teachers in similar districts and buildings.
(8) The department shall include on the report card the number of master teachers employed by each district and each building once the data is available from the education management information system established under section 3301.0714 of the Revised Code;
(9) The department shall display a designation of "Ohio Core Certified School District" or "Ohio Core Certified Community School" on the report card for each school district or community school, respectively, submitting evidence satisfactory to the department that, in the school year to which the report card pertains, the district or school both:
(a) Offered all components of the Ohio core curriculum prescribed in division (C) of section 3313.603 of the Revised Code for its high school students;
(b) Applied the fine arts education requirement of division (K) of that section.
The department shall display the designation on report cards published in 2008 through 2013 for the 2007-2008 through 2012-2013 school years. The department shall list on the web site established under division (C)(5) of this section the school districts and community schools designated as Ohio core certified.
(D)(1) In calculating
reading, writing, mathematics, social
studies, or science proficiency
or achievement test
passage rates
used to determine school district or building performance under
this
section,
the department shall include all
students
taking a test with
accommodation
or to
whom an
alternate assessment is administered
pursuant to
division
(C)(1) or (3)
of section 3301.0711 of the
Revised
Code.
(2) In calculating performance index scores, rates of achievement on the performance indicators established by the state board under section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under this section, the department shall do all of the following:
(a) Include for each district or building only those students who are included in the ADM certified for the first full school week of October and are continuously enrolled in the district or building through the time of the spring administration of any test prescribed by section 3301.0710 of the Revised Code that is administered to the student's grade level;
(b) Include cumulative totals from both the fall and spring administrations of the third grade reading achievement test;
(c) Except as required by the "No Child Left Behind Act of 2001" for the calculation of adequate yearly progress, exclude for each district or building any limited English proficient student who has been enrolled in United States schools for less than one full school year.
Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent of public instruction shall establish an academic distress commission for each school district that has been declared to be in a state of academic emergency pursuant to section 3302.03 of the Revised Code and has failed to make adequate yearly progress for four or more consecutive school years. Each commission shall assist the district for which it was established in improving the district's academic performance.
Each commission is a body both corporate and politic, constituting an agency and instrumentality of the state and performing essential governmental functions of the state. A commission shall be known as the "academic distress commission for ............... (name of school district)," and, in that name, may exercise all authority vested in such a commission by this section. A separate commission shall be established for each school district to which this division applies.
(B) Each academic distress commission shall consist of five voting members, three of whom shall be appointed by the superintendent of public instruction and two of whom shall be residents of the applicable school district appointed by the president of the district board of education of the applicable school district. When a school district becomes subject to this section, the superintendent of public instruction shall provide written notification of that fact to the district board of education and shall request the president of the district board to submit to the superintendent of public instruction, in writing, the names of the president's appointees to the commission. The superintendent of public instruction and the president of the district board shall make appointments to the commission within thirty days after the district is notified that it is subject to this section.
Members of the commission shall serve at the pleasure of their appointing authority during the life of the commission. In the event of the death, resignation, incapacity, removal, or ineligibility to serve of a member, the appointing authority shall appoint a successor within fifteen days after the vacancy occurs. Members shall serve without compensation, but shall be paid by the commission their necessary and actual expenses incurred while engaged in the business of the commission.
(C) Immediately after appointment of the initial members of an academic distress commission, the superintendent of public instruction shall call the first meeting of the commission and shall cause written notice of the time, date, and place of that meeting to be given to each member of the commission at least forty-eight hours in advance of the meeting. The first meeting shall include an overview of the commission's roles and responsibilities, the requirements of section 2921.42 and Chapter 102. of the Revised Code as they pertain to commission members, the requirements of section 121.22 of the Revised Code, and the provisions of division (F) of this section. At its first meeting, the commission shall adopt temporary bylaws in accordance with division (D) of this section to govern its operations until the adoption of permanent bylaws.
The superintendent of public instruction shall designate a chairperson for the commission from among the members appointed by the superintendent. The chairperson shall call and conduct meetings, set meeting agendas, and serve as a liaison between the commission and the district board of education. The chairperson also shall appoint a secretary, who shall not be a member of the commission.
The department of education shall provide administrative support for the commission, provide data requested by the commission, and inform the commission of available state resources that could assist the commission in its work.
(D) Each academic distress commission may adopt and alter bylaws and rules, which shall not be subject to section 111.15 or Chapter 119. of the Revised Code, for the conduct of its affairs and for the manner, subject to this section, in which its powers and functions shall be exercised and embodied.
(E) Three members of an academic distress commission constitute a quorum of the commission. The affirmative vote of three members of the commission is necessary for any action taken by vote of the commission. No vacancy in the membership of the commission shall impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the commission. Members of the commission are not disqualified from voting by reason of the functions of any other office they hold and are not disqualified from exercising the functions of the other office with respect to the school district, its officers, or the commission.
(F) The members of an academic distress commission, the superintendent of public instruction, and any person authorized to act on behalf of or assist them shall not be personally liable or subject to any suit, judgment, or claim for damages resulting from the exercise of or failure to exercise the powers, duties, and functions granted to them in regard to their functioning under this section, but the commission, superintendent of public instruction, and such other persons shall be subject to mandamus proceedings to compel performance of their duties under this section.
(G) Each member of an academic distress commission shall file the statement described in section 102.02 of the Revised Code with the Ohio ethics commission. The statement shall be confidential, subject to review, as described in division (B) of that section.
(H) Meetings of each academic distress commission shall be subject to section 121.22 of the Revised Code.
(I)(1) Within one hundred twenty days after the first meeting of an academic distress commission, the commission shall adopt an academic recovery plan to improve academic performance in the school district. The plan shall address academic problems at both the district and school levels. The plan shall include the following:
(a) Short-term and long-term actions to be taken to improve the district's academic performance, including any actions required by section 3302.04 of the Revised Code;
(b) The sequence and timing of the actions described in division (I)(1)(a) of this section and the persons responsible for implementing the actions;
(c) Resources that will be applied toward improvement efforts;
(d) Procedures for monitoring and evaluating improvement efforts;
(e) Requirements for reporting to the commission and the district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan subsequent to adoption. The commission shall update the plan at least annually.
(3) The commission shall submit the academic recovery plan it adopts or updates to the superintendent of public instruction for approval immediately following its adoption or updating. The superintendent shall evaluate the plan and either approve or disapprove it within thirty days after its submission. If the plan is disapproved, the superintendent shall recommend modifications that will render it acceptable. No academic distress commission shall implement an academic recovery plan unless the superintendent has approved it.
(4) County, state, and school district officers and employees shall assist the commission diligently and promptly in the implementation of the academic recovery plan.
(J) Each academic distress commission shall seek input from the district board of education regarding ways to improve the district's academic performance, but any decision of the commission related to any authority granted to the commission under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign administrative personnel;
(2) Terminate the contracts of administrators or administrative personnel. The commission shall not be required to comply with section 3319.16 of the Revised Code with respect to any contract terminated under this division.
(3) Contract with a private entity to perform school or district management functions;
(4) Establish a budget for the district and approve district appropriations and expenditures, unless a financial planning and supervision commission has been established for the district pursuant to section 3316.05 of the Revised Code.
(D)(K) If the board of education of a district for which an academic distress commission has been established under this section renews any collective bargaining agreement under Chapter 4117. of the Revised Code during the existence of the commission, the district board shall not enter into any agreement that would render any decision of the commission unenforceable. Section 3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, if the board of education has entered into a collective bargaining agreement after the effective date of this section September 29, 2005, that contains stipulations relinquishing one or more of the rights or responsibilities listed in division (C) of section 4117.08 of the Revised Code, those stipulations are not enforceable and the district board shall resume holding those rights or responsibilities as if it had not relinquished them in that agreement until such time as both the academic distress commission ceases to exist and the district board agrees to relinquish those rights or responsibilities in a new collective bargaining agreement. The provisions of this paragraph apply to a collective bargaining agreement entered into after the effective date of this section September 29, 2005, and those provisions are deemed to be part of that agreement regardless of whether the district satisfied the conditions prescribed in division (A) of this section at the time the district entered into that agreement.
(E)(L) An academic distress commission shall cease to exist when the district for which it was established receives a performance rating under section 3302.03 of the Revised Code of in need of continuous improvement or better for two out of the three prior school years; however, the superintendent of public instruction may dissolve the commission earlier if the superintendent determines that the district can perform adequately without the supervision of the commission. Upon termination of the commission, the department of education shall compile a final report of the commission's activities to assist other academic distress commissions in the conduct of their functions.
Sec. 3303.20. The superintendent of public instruction shall appoint a supervisor of agricultural education within the department of education. The supervisor shall be responsible for administering and disseminating to school districts information about agricultural education.
The department shall maintain an appropriate number of full-time employees focusing on agricultural education. The department shall employ at least three program consultants who shall be available to provide assistance to school districts on a regional basis throughout the state. At least one consultant may coordinate local activities of the student organization known as the future farmers of America.
Sec. 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the child's parent owes fees for the services provided to the child:
(a) A school district that is not the school district in which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
(3) "Formula ADM" and "category six special education ADM" have the same meanings as in section 3317.02 of the Revised Code.
(4) "Handicapped preschool Preschool child with a disability" and "individualized education program" have the same meanings as in section 3323.01 of the Revised Code.
(5) "Parent" has the same meaning as in section 3313.64 of the Revised Code, except that "parent" does not mean a parent whose custodial rights have been terminated.
(6) "Preschool scholarship ADM" means the number of handicapped preschool children with disabilities reported under division (B)(3)(h) of section 3317.03 of the Revised Code.
(7) "Qualified special education child" is a child for whom all of the following conditions apply:
(a) The school district in which the child is entitled to attend school has identified the child as autistic. A child who has been identified as having a "pervasive developmental disorder - not otherwise specified (PPD-NOS)" shall be considered to be an autistic child for purposes of this section.
(b) The school district in which the child is entitled to attend school has developed an individualized education program under Chapter 3323. of the Revised Code for the child.
(i) Was enrolled in the school district in which the child is entitled to attend school in any grade from preschool through twelve in the school year prior to the year in which a scholarship under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship under this section is first sought for the child.
(8) "Registered private provider" means a nonpublic school or other nonpublic entity that has been approved by the Department department of Education education to participate in the program established under this section.
(9) "Special education program" means a school or facility that provides special education and related services to children with disabilities.
(B) There is hereby established the autism scholarship program. Under the program, the department of education shall pay a scholarship to the parent of each qualified special education child upon application of that parent pursuant to procedures and deadlines established by rule of the state board of education. Each scholarship shall be used only to pay tuition for the child on whose behalf the scholarship is awarded to attend a special education program that implements the child's individualized education program and that is operated by an alternative public provider or by a registered private provider. Each scholarship shall be in an amount not to exceed the lesser of the tuition charged for the child by the special education program or twenty thousand dollars. The purpose of the scholarship is to permit the parent of a qualified special education child the choice to send the child to a special education program, instead of the one operated by or for the school district in which the child is entitled to attend school, to receive the services prescribed in the child's individualized education program once the individualized education program is finalized. A scholarship under this section shall not be awarded to the parent of a child while the child's individualized education program is being developed by the school district in which the child is entitled to attend school, or while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending. A scholarship under this section shall not be used for a child to attend a public special education program that operates under a contract, compact, or other bilateral agreement between the school district in which the child is entitled to attend school and another school district or other public provider, or for a child to attend a community school established under Chapter 3314. of the Revised Code. However, nothing in this section or in any rule adopted by the state board shall prohibit a parent whose child attends a public special education program under a contract, compact, or other bilateral agreement, or a parent whose child attends a community school, from applying for and accepting a scholarship under this section so that the parent may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program for which the parent is required to pay for services for the child. A child attending a special education program with a scholarship under this section shall continue to be entitled to transportation to and from that program in the manner prescribed by law.
(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and (B)(10) of section 3317.03 of the Revised Code, a child who is not a handicapped preschool child with a disability for whom a scholarship is awarded under this section shall be counted in the formula ADM and the category six special education ADM of the district in which the child is entitled to attend school and not in the formula ADM and the category six special education ADM of any other school district. As prescribed in divisions (B)(3)(h) and (B)(10) of section 3317.03 of the Revised Code, a child who is a handicapped preschool child with a disability for whom a scholarship is awarded under this section shall be counted in the preschool scholarship ADM and category six special education ADM of the school district in which the child is entitled to attend school and not in the preschool scholarship ADM or category six special education ADM of any other school district.
(2) In each fiscal year, the department shall deduct from the amounts paid to each school district under Chapter 3317. of the Revised Code, and, if necessary, sections 321.24 and 323.156 of the Revised Code, the aggregate amount of scholarships awarded under this section for qualified special education children included in the formula ADM, or preschool scholarship ADM, and in the category six special education ADM of that school district as provided in division (C)(1) of this section. The scholarships deducted shall be considered as an approved special education and related services expense for the purpose of the school district's compliance with division (C)(5) of section 3317.022 of the Revised Code.
(3) From time to time, the department shall make a payment to the parent of each qualified special education child for whom a scholarship has been awarded under this section. The scholarship amount shall be proportionately reduced in the case of any such child who is not enrolled in the special education program for which a scholarship was awarded under this section for the entire school year. The department shall make no payments to the parent of a child while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment of tuition owed to a nonpublic entity unless that entity is a registered private provider. The
department shall approve entities that meet the standards established by rule of the state board for the program
established
under this section.
(E) The state board shall adopt rules under Chapter 119. of the Revised Code prescribing procedures necessary to implement this section, including, but not limited to, procedures and deadlines for parents to apply for scholarships, standards for registered private providers, and procedures for approval of entities as registered private providers.
Sec. 3310.51. As used in sections 3310.51 to 3310.63 of the Revised Code:
(A) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the eligible applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in which the child is entitled to attend school or the child's school district of residence, if different;
(2) A public entity other than a school district.
(B) "Applicable special education weight" means the multiple specified in section 3317.013 of the Revised Code for a disability described in that section.
(C) "Category one through six special education ADM" means the respective categories prescribed in divisions (F)(1) to (6) of section 3317.02 of the Revised Code.
(D) "Child with a disability" and "individualized education program" have the same meanings as in section 3323.01 of the Revised Code.
(E) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a qualified special education child, except as otherwise specified in this division. When the marriage of the natural or adoptive parents of the student has been terminated by a divorce, dissolution of marriage, or annulment, or when the natural or adoptive parents of the student are living separate and apart under a legal separation decree, and a court has issued an order allocating the parental rights and responsibilities with respect to the child, "eligible applicant" means the residential parent as designated by the court. If the court issues a shared parenting decree, "eligible applicant" means either parent. "Eligible applicant" does not mean a parent whose custodial rights have been terminated.
(2) The custodian of a qualified special education child, when a court has granted temporary, legal, or permanent custody of the child to an individual other than either of the natural or adoptive parents of the child or to a government agency;
(3) The guardian of a qualified special education child, when a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education child, when the grandparent is the child's attorney in fact under a power of attorney executed under sections 3109.51 to 3109.62 of the Revised Code or when the grandparent has executed a caregiver authorization affidavit under sections 3109.65 to 3109.73 of the Revised Code;
(5) The surrogate parent appointed for a qualified special education child pursuant to division (B) of section 3323.05 and section 3323.051 of the Revised Code;
(6) A qualified special education child, if the child does not have a custodian or guardian and the child is at least eighteen years of age.
(F) "Entitled to attend school" means entitled to attend school in a school district under sections 3313.64 and 3313.65 of the Revised Code.
(G) "Formula ADM" and "formula amount" have the same meanings as in section 3317.02 of the Revised Code.
(H) "Qualified special education child" is a child for whom all of the following conditions apply:
(1) The child is at least five years of age and less than twenty-two years of age;
(2) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has identified the child as a child with a disability;
(3) The school district in which the child is entitled to attend school, or the child's school district of residence if different, has developed an individualized education program under Chapter 3323. of the Revised Code for the child;
(a) Was enrolled in the schools of the school district in which the child is entitled to attend school in any grade from kindergarten through twelve in the school year prior to the school year in which a scholarship is first sought for the child;
(b) Is eligible to enter school in any grade kindergarten through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship is first sought for the child.
(I) "Registered private provider" means a nonpublic school or other nonpublic entity that has been registered by the superintendent of public instruction under section 3310.58 of the Revised Code.
(J) "Scholarship" means a scholarship awarded under the special education scholarship pilot program pursuant to sections 3310.51 to 3310.63 of the Revised Code.
(K) "School district of residence" has the same meaning as in section 3323.01 of the Revised Code. A community school established under Chapter 3314. of the Revised Code is not a "school district of residence" for purposes of sections 3310.51 to 3310.63 of the Revised Code.
(L) "School year" has the same meaning as in section 3313.62 of the Revised Code.
(M) "Special education program" means a school or facility that provides special education and related services to children with disabilities.
Sec. 3310.52. (A) The special education scholarship pilot program is hereby established. Under the program, in fiscal years 2009 through 2014, subject to division (B) of this section, the department of education annually shall pay a scholarship to an alternative public provider or a registered private provider on behalf of an eligible applicant for services provided for a qualified special education child. The scholarship shall be used only to pay all or part of the fees for the child to attend the special education program operated by the alternative public provider or registered private provider to implement the child's individualized education program in lieu of the child's attending the special education program operated by the school district in which the child is entitled to attend school.
(B) The number of scholarships awarded under the pilot program in any fiscal year shall not exceed three per cent of the total number of students residing in the state identified as children with disabilities during the previous fiscal year.
(C) No scholarship or renewal of a scholarship shall be awarded to an eligible applicant on behalf of a qualified special education child for the next school year, unless on or before the fifteenth day of April the eligible applicant completes the application for the scholarship or renewal, in the manner prescribed by the department, and notifies the school district in which the child is entitled to attend school that the eligible applicant has applied for the scholarship or renewal.
Sec. 3310.53. (A) Except for development of the child's individualized education program, as specified in division (B) of this section, the school district in which a qualified special education child is entitled to attend school and the child's school district of residence, if different, are not obligated to provide the child with a free appropriate public education under Chapter 3323. of the Revised Code for as long as the child continues to attend the special education program operated by either an alternative public provider or a registered private provider for which a scholarship is awarded under the special education scholarship pilot program. If at any time, the eligible applicant for the child decides no longer to accept scholarship payments and enrolls the child in the special education program of the school district in which the child is entitled to attend school, that district shall provide the child with a free appropriate public education under Chapter 3323. of the Revised Code.
(B) Each eligible applicant and each qualified special education child have a continuing right to the development of an individualized education program for the child that complies with Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and administrative rules or guidelines adopted by the Ohio department of education or the United States department of education. The school district in which a qualified special education child is entitled to attend school, or the child's school district of residence if different, shall develop each individualized education program for the child in accordance with those provisions.
(C)
Each school district shall notify an eligible applicant of the applicant's and qualified special education child's rights under sections 3310.51 to 3310.63 of the Revised Code by providing to each eligible applicant the comparison document prescribed in section 3323.052 of the Revised Code. An eligible applicant's receipt of that document, as acknowledged in a format prescribed by the department of education, shall constitute notice that the eligible applicant has been informed of those rights. Upon receipt of that document, subsequent acceptance of a scholarship constitutes the eligible applicant's informed consent to the provisions of sections 3310.51 to 3310.63 of the Revised Code.
Sec. 3310.54. As prescribed in divisions (A)(2)(h), (B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised Code, a qualified special education child in any of grades kindergarten through twelve for whom a scholarship is awarded under the special education scholarship pilot program shall be counted in the formula ADM and category one through six special education ADM, as appropriate, of the school district in which the child is entitled to attend school. A qualified special education child shall not be counted in the formula ADM or category one through six special education ADM of any other school district.
Sec. 3310.55. The department of education shall deduct from a school district's state education aid, as defined in section 3317.02 of the Revised Code, and, if necessary, from its payment under sections 321.24 and 323.156 of the Revised Code, the aggregate amount of scholarships paid under section 3310.57 of the Revised Code for qualified special education children included in the formula ADM and the category one through six special education ADM of that school district.
Sec. 3310.56. The amount of the scholarship awarded and paid on behalf of an eligible applicant for services for a qualified special education child under the special education scholarship pilot program in each school year shall be the least of the following:
(A) The amount of fees charged for that school year by the alternative public provider or registered private provider;
(B) The sum of the amounts calculated under divisions (B)(1) and (2) of this section:
(1) The sum of the formula amount plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code;
(2) The formula amount times the applicable special education weight for the child's disability;
(C) Twenty thousand dollars.
Sec. 3310.57. The department of education shall make periodic payments to an alternative public provider or a registered private provider on behalf of an eligible applicant for services for each qualified special education child for whom a scholarship has been awarded. The total of all payments made on behalf of an applicant in each school year shall not exceed the amount calculated for the child under section 3310.56 of the Revised Code.
The scholarship amount shall be proportionately reduced in the case of a child who is not enrolled in the special education program of an alternative public provider or a registered private provider for the entire school year.
In accordance with division (A) of section 3310.62 of the Revised Code, the department shall make no payments on behalf of an applicant for a first-time scholarship for a qualified special education child while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending.
Sec. 3310.58. No nonpublic school or entity shall receive payments for services for a qualified special education child under the special education scholarship pilot program until the school or entity registers with the superintendent of public instruction. The superintendent shall register and designate as a registered private provider any nonpublic school or entity that meets the following requirements:
(A) The special education program operated by the school or entity meets the minimum education standards established by the state board of education.
(B) The school or entity complies with the antidiscrimination provisions of 42 U.S.C. 2000d, regardless of whether the school or entity receives federal financial assistance.
(C) If the school or entity is not chartered by the state board under section 3301.16 of the Revised Code, the school or entity agrees to comply with section 3319.39 of the Revised Code as if it were a school district.
(D) The teaching and nonteaching professionals employed by the school or entity, or employed by any subcontractors of the school or entity, hold credentials determined by the state board to be appropriate for the qualified special education children enrolled in the special education program it operates.
(E) The school or entity meets applicable health and safety standards established by law for school buildings.
(F) The school or entity agrees to retain on file documentation as required by the department of education.
(G) The school or entity demonstrates fiscal soundness to the satisfaction of the department.
(H) The school or entity agrees to meet other requirements established by rule of the state board under section 3310.63 of the Revised Code.
Sec. 3310.59. The superintendent of public instruction shall revoke the registration of any school or entity if, after a hearing, the superintendent determines that the school or entity is in violation of any provision of section 3310.58 of the Revised Code.
Sec. 3310.60. A qualified special education child attending a special education program at an alternative public provider or a registered private provider with a scholarship shall be entitled to transportation to and from that program in the manner prescribed by law for any child with a disability attending a nonpublic special education program.
Sec. 3310.61. An eligible applicant on behalf of a child who currently attends a public special education program under a contract, compact, or other bilateral agreement, or on behalf of a child who currently attends a community school, shall not be prohibited from applying for and accepting a scholarship so that the applicant may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program operated by an alternative public provider or a registered private provider.
Sec. 3310.62. (A) A scholarship under the special education scholarship pilot program shall not be awarded for the first time to an eligible applicant on behalf of a qualified special education child while the child's individualized education program is being developed by the school district in which the child is entitled to attend school, or by the child's school district of residence if different, or while any administrative or judicial mediation or proceedings with respect to the content of that individualized education program are pending.
(B) Development of individualized education programs subsequent to the one developed for the child the first time a scholarship was awarded on behalf of the child and the prosecuting, by the eligible applicant on behalf of the child, of administrative or judicial mediation or proceedings with respect to any of those subsequent individualized education programs do not affect the applicant's and the child's continued eligibility for scholarship payments.
(C)
In the case of any child for whom a scholarship has been awarded, if the school district in which the child is entitled to attend school has agreed to provide some services for the child under an agreement entered into with the eligible applicant or with the alternative public provider or registered private provider implementing the child's individualized education program, or if the district is required by law to provide some services for the child, including transportation services under sections 3310.60 and 3327.01 of the Revised Code, the district shall not discontinue the services it is providing pending completion of any administrative proceedings regarding those services. The prosecuting, by the eligible applicant on behalf of the child, of administrative proceedings regarding the services provided by the district does not affect the applicant's and the child's continued eligibility for scholarship payments.
(D) The department of education shall continue to make payments to the alternative public provider or registered private provider on behalf of the eligible applicant under section 3310.57 of the Revised Code while either of the following are pending:
(1) Administrative or judicial mediation or proceedings with respect to a subsequent individualized education program for the child referred to in division (B) of this section;
(2) Administrative
proceedings regarding services provided by the district under division (C) of this section.
Sec. 3310.63. The state board of education shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures necessary to implement sections 3310.51 to 3310.62 of the Revised Code including, but not limited to, procedures for parents to apply for scholarships, standards for registered private providers, and procedures for registration of private providers.
Sec. 3311.24. (A)(1) Except as provided in division (B) of
this section, if the board of education of a city, exempted
village, or local school district
deems it advisable shall file with the state board of education a proposal to
transfer territory from such district to an adjoining city,
exempted village, or local school district,
or if a in any of the following circumstances:
(a) The district board deems the transfer advisable;
(b) A petition, signed by seventy-five per cent of the
qualified electors residing within that portion of a city,
exempted village, or local school district proposed to be
transferred
voting at the last general election, requests such a transfer,
the;
(c) If no qualified electors reside in that portion of the district proposed to be transferred, a petition, signed by seventy-five per cent of the owners of parcels of real property on the tax duplicate within that portion of the district, requests such a transfer.
(2) The board of education of the district in which such proposal
originates shall file such proposal, together with a map showing
the boundaries of the territory proposed to be transferred, with
the state board of education prior to the first day of April in
any even-numbered year. The state board of education may, if it
is advisable, provide for a hearing in any suitable place in any
of the school districts affected by such proposed transfer of
territory. The state board of education or its representatives
shall preside at any such hearing.
(3) A board of education of a city, exempted village, or local school district that receives a petition of transfer signed by electors of the district under this division (A)(1)(b) of this section shall cause the board of elections to check the sufficiency of signatures on the petition. A board of education of a city, exempted village, or local school district that receives a petition of transfer signed by owners of parcels of real property under division (A)(1)(c) of this section shall cause the county auditor to check the sufficiency of signatures on the petition.
(4) Not later than the first day of September the state board
of education shall either approve or disapprove a proposed
transfer of territory filed with it as provided by this section
and shall notify, in writing, the boards of education of the
districts affected by such proposed transfer of territory of its
decision.
If the decision of the state board of education is an
approval of the proposed transfer of territory then the board of
education of the district in which the territory is located
shall, within thirty days after receiving the state board of
education's decision, adopt a resolution transferring the
territory and shall forthwith submit a copy of such resolution to
the treasurer of the board of education of the city, exempted
village, or local school district to
which the territory is
transferred. Such transfer shall not be complete however, until:
(1)(a) A resolution accepting the transfer has been passed by
a majority vote of the full membership of the board of education
of the city, exempted village, or local school
district to which
the territory is transferred;
(2)(b) An equitable division of the funds and indebtedness
between the districts involved has been
made
by the board of
education making the transfer;
(3)(c) A map showing the boundaries of the territory
transferred has been filed, by the board of education accepting
the transfer, with the county auditor of each county affected by
the transfer.
When such transfer is complete the legal title of the
school property in the territory transferred shall be vested in
the board of education or governing board of the school district to which the
territory is transferred.
(B) Whenever the transfer of territory pursuant to this
section is initiated by a board of education, the board shall,
before filing a proposal for transfer with the state board of
education under this section, make a good faith effort to
negotiate the terms of transfer with any other school district
whose territory would be affected by the transfer. Before the
state board may hold a hearing on the transfer, or approve or
disapprove any such transfer, it must receive the following:
(1) A resolution requesting approval of the transfer,
passed by the school district submitting the proposal;
(2) Evidence determined to be sufficient by the state
board to show that good faith negotiations have taken place or
that the district requesting the transfer has made a good faith
effort to hold such negotiations;
(3) If any negotiations took place, a statement signed by
all boards that participated in the negotiations,
listing
the
terms agreed on and the points on which no agreement could be
reached.
Negotiations held pursuant to this section shall be
governed by the rules adopted by the state board under division
(D) of section 3311.06 of the Revised Code. Districts involved
in a transfer under division (B) of this section may agree to
share revenues from the property included in the territory to be
transferred, establish cooperative programs between the
participating districts, and establish mechanisms for the
settlement of any future boundary disputes.
Sec. 3311.51. Nothing in this section or sections 3311.50
and 5705.215 of the Revised Code shall be construed to permit or
require the education of handicapped children with disabilities other than in the
manner required by Chapter 3323. of the Revised Code. To the
maximum extent appropriate, handicapped children with disabilities shall be
educated with nonhandicapped nondisabled children.
The governing board that is taxing authority of a county
school financing district that levies a tax pursuant to section
5705.215 of the Revised Code may, by resolution adopted by
majority vote of its members, expend the proceeds of such tax for
the benefit of school districts with territory in the county
school financing district in accordance with this section and the
resolution to levy the tax.
(A) In the case of a district created for special
education, as described in division (B)(1) of section 3311.50 of
the Revised Code, the proceeds may be expended either:
(1) To pay for operating costs and permanent improvements
necessary to implement and maintain special education programs
and related services in accordance with a contract or agreement
entered into under section 3313.92 or 3323.08 of the Revised
Code;
(2) To make grants or otherwise distribute funds to boards
of education with territory in the county school financing
district for special education programs and related services.
(B) In the case of a district created for the provision of
specified educational programs and services as described in
division (B)(2) of section 3311.50 of the Revised Code, the
proceeds may be expended either:
(1) To pay for operating costs and permanent improvements
necessary to implement and maintain specified educational
programs in accordance with a contract or agreement entered into
under section 3313.812, 3313.842, or division (A)(3) of section
3313.90 of the Revised Code;
(2) To make grants or otherwise distribute funds for those
programs to boards of education with territory in the county
school financing district.
(C) In the case of a district created for the making of
permanent improvements under division (B)(3) of section 3311.50
of the Revised Code, the proceeds shall be expended either:
(1) To pay for the permanent improvements in accordance
with a contract entered into under section 3313.92 of the Revised
Code;
(2) To make grants or otherwise distribute funds for those
permanent improvements to boards of education with territory in
the county school financing district.
Sec. 3311.521. (A) The boards of education of any two or
more contiguous city, exempted village, or local school districts
may establish a cooperative education school district in
accordance with this section for the purpose of operating a joint
high school in lieu of each of such boards operating any high
school. Such a cooperative education school district shall only
be established pursuant to the adoption of identical resolutions
in accordance with this section within a sixty-day period by a
majority of the members of the board of education of all such
boards. Upon the adoption of all such resolutions, a copy of
each resolution shall be filed with the state board of education.
The territory of any cooperative education school district
established pursuant to this section shall consist of the
territory of all of the school districts whose boards of
education adopt identical resolutions under this section.
(B) Any resolutions adopted under division (A) of this
section shall include all of the following:
(1) Provision for the date on which the cooperative
district will be created, which date shall be the first day of
July in the year specified in the resolution;
(2) Provision for the composition, selection, and terms of
office of the board of education of the cooperative district,
which provision shall include but not necessarily be limited to
both of the following:
(a) A requirement that the board include at least two
members selected from or by the members of the board of education
of each city, local, and exempted village school district within
the territory of the cooperative district;
(b) Specification of the date by which the initial members
of the board must be selected, which date shall be the same as
the date specified pursuant to division (B)(1) of this section.
(3) Provision for the selection of a superintendent and
treasurer of the cooperative school district, which provision
shall require one of the following:
(a) The selection of one person as both the superintendent
and treasurer of the cooperative district, which provision may
require such person to be the superintendent or treasurer of any
city, local, or exempted village school district within the
territory of the cooperative district;
(b) The selection of one person as the superintendent and
another person as the treasurer of the cooperative district,
which provision may require either one or both such persons to be
superintendents or treasurers of any city, local, or exempted
village school district within the territory of the cooperative
district.
(4) A statement of the high school education program the
board of education of the cooperative education school district
will conduct in lieu of any high school education program being
operated by the boards of education of the city, local, and
exempted village school districts within the territory of the
cooperative district, which statement shall include but not
necessarily be limited to the high school grade levels to be
operated in the program, the timetable for commencing operation
of the program, and the facilities proposed to be used or
constructed to be used by the program;
(5) A statement that the boards of education of the city,
local, and exempted village school districts within the territory
of the cooperative district will not operate any high school
education program for the grade levels operated by the
cooperative district;
(6) A statement of how special education and related
services will be provided in accordance with Chapter 3323. of the
Revised Code to the handicapped children with disabilities who are identified by
each city, exempted village, or local school district with
territory in the cooperative district and who are in the grade
levels to be operated by the cooperative district;
(7) A statement of how transportation of students to and
from school will be provided in the cooperative district, which
statement shall include but not be necessarily limited to both of
the following:
(a) How special education students will be transported as
required by their individualized education program adopted
pursuant to section 3323.08 of the Revised Code;
(b) Whether transportation to and from school will be
provided to any other students of the cooperative district and,
if so, the manner in which this transportation will be provided.
(8) A statement of the annual amount, or the method for
determining the annual amount, of funds or services or facilities
that each city, local, and exempted village school district is
required to pay to or provide for the use of the board of
education of the cooperative education school district;
(9) Provision for adopting amendments to the provisions
adopted pursuant to divisions (B)(3) to (8) of this section,
which provision shall require that any such amendments comply
with divisions (B)(3) to (8) of this section.
(C) Upon the adoption of identical resolutions in
accordance with this section, the cooperative education school
district and board of education of that district specified in and
selected in accordance with such resolutions shall be established
on the date specified in the resolutions. Upon the establishment
of the district and board, the board of the cooperative district
shall give written notice of the creation of the district to the
county auditor and the board of elections of each county having
any territory in the new district.
Sec. 3313.532. (A) Any person twenty-two or more years of
age and enrolled in an adult high school continuation program
established pursuant to section 3313.531 of the Revised Code may
request the board of education operating the program to conduct
an
evaluation in accordance with division (C) of this section.
(B) Any applicant to a board of education for a diploma of
adult education under division (B) of section 3313.611 of the
Revised Code may request the board to conduct an evaluation in
accordance with division (C) of this section.
(C) Upon the request of any person pursuant to division
(A)
or (B) of this section, the board of education to which the
request is made shall evaluate the person to determine whether
the
person is handicapped disabled, in accordance with rules adopted by
the
state board of education. If the evaluation indicates that
the
person is handicapped disabled, the board shall determine whether to
excuse
the person from taking any of the tests required by
division (B)
of section 3301.0710 of the Revised Code
as a requirement for
receiving a diploma under section 3313.611 of the Revised Code.
The board may require the person to take an alternate assessment in place of any test from which the person is so excused.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a
minimum of one hundred twenty hours
of course
instruction, except that for
a laboratory course, "one
unit" means a minimum of
one hundred fifty hours of course
instruction.
(2) "One-half unit" means
a minimum of sixty hours of course
instruction, except that for physical
education courses, "one-half
unit" means a minimum of one hundred twenty hours
of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614 of the Revised Code, the
requirements for
graduation from every high school shall include
twenty units earned in grades nine through twelve and shall be
distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units
thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one
unit;
(b) Physical sciences, one
unit.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
(7) Elective units, seven units until September 15, 2003,
and
six units thereafter.
Each student's electives shall include at least one unit, or
two half
units, chosen from among the areas of
business/technology, fine arts, and/or
foreign language.
(C) Beginning with students who enter ninth grade for the first time on or after July 1, 2010,
except as provided in divisions (D) to (F) of this section, the
requirements for
graduation from every public and chartered nonpublic high school shall include
twenty units that are designed to prepare students for the workforce and college. The units shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, four units, which shall include one unit of algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three
units with inquiry-based laboratory experience that engages students in asking valid scientific questions and gathering and analyzing information, which shall include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Biology Life sciences, one unit;
(c) Advanced study in one or more of the following sciences, one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space science.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
Each school shall integrate the study of economics and financial literacy, as expressed in the social studies academic content standards adopted by the state board of education under section 3301.079 of the Revised Code, into one or more existing social studies credits required under division (C)(6) of this section, or into the content of another class, so that every high school student receives instruction in those concepts. In developing the curriculum required by this paragraph, schools shall use available public-private partnerships and resources and materials that exist in business, industry, and through the centers for economics education at institutions of higher education in the state.
(7) Five
units consisting of one or any combination of foreign language, fine arts, business, career-technical education, family and consumer sciences, technology, agricultural education, or English language arts, mathematics, science, or social studies courses not otherwise required under division (C) of this section.
Ohioans must be prepared to apply increased knowledge and skills in the workplace and to adapt their knowledge and skills quickly to meet the rapidly changing conditions of the twenty-first century. National studies indicate that all high school graduates need the same academic foundation, regardless of the opportunities they pursue after graduation. The goal of Ohio's system of elementary and secondary education is to prepare all students for and seamlessly connect all students to success in life beyond high school graduation, regardless of whether the next step is entering the workforce, beginning an apprenticeship, engaging in post-secondary training, serving in the military, or pursuing a college degree.
The Ohio core curriculum
is the standard expectation for all students entering ninth grade for the first time at a public or chartered nonpublic high school on or after July 1, 2010. A student may satisfy this expectation through a variety of methods, including, but not limited to, integrated, applied, career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in completing the Ohio core curriculum, the general assembly shall appropriate funds for strategic initiatives designed to strengthen schools' capacities to hire and retain highly qualified teachers in the subject areas required by the curriculum. Such initiatives are expected to require an investment of $120,000,000 over five years.
Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging academic endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for Ohio's students, families, and the state. The state board of education, the Ohio board of regents, and the partnership for continued learning shall develop policies to ensure that only in rare instances will students who complete the Ohio core curriculum require academic remediation after high school.
School districts, community schools, and chartered nonpublic schools shall integrate technology into learning experiences whenever practicable across the curriculum in order to maximize efficiency, enhance learning, and prepare students for success in the technology-driven twenty-first century. Districts and schools may use distance and web-based course delivery as a method of providing or augmenting all instruction required under this division, including laboratory experience in science. Districts and schools shall whenever practicable utilize technology access and electronic learning opportunities provided by the eTech Ohio commission, the Ohio learning network, education technology centers, public television stations, and other public and private providers.
(D) Except as provided in division (E) of this section, a student who enters ninth grade on or after July 1, 2010, and before July 1, 2014, may qualify for graduation from a public or chartered nonpublic high school even though the student has not completed the Ohio core curriculum prescribed in division (C) of this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years, as determined by the school, the student and the student's parent, guardian, or custodian sign and file with the school a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the Ohio core curriculum and acknowledging that one consequence of not completing the Ohio core curriculum is ineligibility to enroll in most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill any procedural requirements the school stipulates to ensure the student's and parent's, guardian's, or custodian's informed consent and to facilitate orderly filing of statements under division (D)(1) of this section.
(3) The student and the student's parent, guardian, or custodian and a representative of the student's high school jointly develop an individual career plan for the student that specifies the student matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship.
(4) The student's high school provides counseling and support for the student related to the plan developed under division (D)(3) of this section during the remainder of the student's high school experience.
(5) The student successfully completes, at a minimum, the curriculum prescribed in division (B) of this section.
The partnership for continued learning, in collaboration with the department of education and the Ohio board of regents, shall analyze student performance data to determine if there are mitigating factors that warrant extending the exception permitted by division (D) of this section to high school classes beyond those entering ninth grade before July 1, 2014. The partnership shall submit its findings and any recommendations not later than August 1, 2014, to the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation, the state board of education, and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school retains the authority to require an even more rigorous minimum curriculum for high school graduation than specified in division (B) or (C) of this section. A school district board of education, through the adoption of a resolution, or the governing authority of a chartered nonpublic school may stipulate any of the following:
(1) A minimum high school curriculum that requires more than twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high school curriculum that is comparable to the exception provided in division (D) of this section but with additional requirements, which may include a requirement that the student successfully complete more than the minimum curriculum prescribed in division (B) of this section;
(3) That no exception comparable to that provided in division (D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery program, which program has received a waiver from the department of education, may qualify for graduation from high school by successfully completing a competency-based instructional program administered by the dropout prevention and recovery program in lieu of completing the Ohio core curriculum prescribed in division (C) of this section. The department shall grant a waiver to a dropout prevention and recovery program, within sixty days after the program applies for the waiver, if the program meets all of the following conditions:
(1) The program serves only students not younger than sixteen years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their initial enrollment, either, or both, are at least one grade level behind their cohort age groups or experience crises that significantly interfere with their academic progress such that they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the applicable score designated for each of the tests prescribed under division (B) of section 3301.0710 of the Revised Code.
(4) The program develops an individual career plan for the student that specifies the student's matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship.
(5) The program provides counseling and support for the student related to the plan developed under division (F)(4) of this section during the remainder of the student's high school experience.
(6) The program requires the student and the student's parent, guardian, or custodian to sign and file, in accordance with procedural requirements stipulated by the program, a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the Ohio core curriculum and acknowledging that one consequence of not completing the Ohio core curriculum is ineligibility to enroll in most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted to the department an instructional plan that demonstrates how the academic content standards adopted by the state board of education under section 3301.079 of the Revised Code will be taught and assessed.
If the department does not act either to grant the waiver or to reject the program application for the waiver within sixty days as required under this section, the waiver shall be considered to be granted.
(G) Every high school
may permit students below the ninth
grade to take advanced work
for high school credit. A high school shall count
such advanced work toward the
graduation requirements of division
(B) or (C) of
this section if the advanced work was both:
(1) Taught by a person who possesses a license or
certificate issued
under section 3301.071, 3319.22, or 3319.222 of
the
Revised Code
that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted
village school district, the board of the cooperative
education school
district, or the governing authority of the
chartered nonpublic
school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school transcript all high school credit awarded under division (G) of this section. In addition, if the student completed a seventh- or eighth-grade fine arts course described in division (K) of this section and the course qualified for high school credit under that division, the high school shall record that course on the student's high school transcript.
(H) The department shall make its individual academic career plan available through its Ohio career information system web site for districts and schools to use as a tool for communicating with and providing guidance to students and families in selecting high school courses.
(I) Units earned in English language arts,
mathematics,
science, and social studies that are delivered
through integrated
academic and career-technical instruction are
eligible to meet the
graduation requirements of division
(B) or (C) of this section.
(J) The state board of education, in consultation with the Ohio board of regents and the partnership for continued learning, shall adopt a statewide plan implementing methods for students to earn units of high school credit based on a demonstration of subject area competency, instead of or in combination with completing hours of classroom instruction. The state board shall adopt the plan not later than March 31, 2009, and commence phasing in the plan during the 2009-2010 school year. The plan shall include a standard method for recording demonstrated proficiency on high school transcripts. Each school district, community school, and chartered nonpublic school shall comply with the state board's plan adopted under this division and award units of high school credit in accordance with the plan. The state board may adopt existing methods for earning high school credit based on a demonstration of subject area competency as necessary prior to the 2009-2010 school year.
(K) This division does not apply to students who qualify for graduation from high school under division (D) or (F) of this section, or to students pursuing a career-technical instructional track as determined by the school district board of education or the chartered nonpublic school's governing authority. Nevertheless, the general assembly encourages such students to consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first time on or after July 1, 2010, each student enrolled in a public or chartered nonpublic high school shall complete two semesters or the equivalent of fine arts to graduate from high school. The coursework may be completed in any of grades seven to twelve. Each student who completes a fine arts course in grade seven or eight may elect to count that course toward the five units of electives required for graduation under division (C)(7) of this section, if the course satisfied the requirements of division (G) of this section. In that case, the high school shall award the student high school credit for the course and count the course toward the five units required under division (C)(7) of this section. If the course in grade seven or eight did not satisfy the requirements of division (G) of this section, the high school shall not award the student high school credit for the course but shall count the course toward the two semesters or the equivalent of fine arts required by this division.
(L) Notwithstanding anything to the contrary in this section, the board of education of each school district and the governing authority of each chartered nonpublic school may adopt a policy to excuse from the high school physical education requirement each student who, during high school, has participated in interscholastic athletics, marching band, or cheerleading for at least two full seasons. If the board or authority adopts such a policy, the board or authority shall not require the student to complete any physical education course as a condition to graduate. However, the student shall be required to complete one-half unit, consisting of at least sixty hours of instruction, in another course of study.
Sec. 3313.615. This section shall apply to diplomas awarded
after September 15, 2006, to students who are required to take the
five Ohio graduation tests prescribed by division (B) of
section
3301.0710 of the Revised Code.
(A) As an alternative to the requirement that a person
attain the scores designated under division (B) of section
3301.0710 of the Revised Code on all the tests required under that
division in order to be eligible for a high school diploma or an
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the
Revised Code or for a diploma of adult education under section
3313.611 of the Revised Code, a person who has attained at least
the applicable scores designated under division (B) of section
3301.0710 of the Revised Code on all but one of the tests required
by that division and from which the person was not excused or
exempted, pursuant to division (H) or (L) of section 3313.61,
division (B)(1) of section 3313.612, or section 3313.532 of the
Revised Code, may be awarded a diploma or honors diploma if the
person has satisfied all of the following conditions:
(1) On the one test required under division (B) of section
3301.0710 of the Revised Code for which the person failed to
attain the designated score, the person missed that score by ten
points or less;
(2) Has a ninety-seven per cent school attendance rate in
each of the last four school years, excluding any excused
absences;
(3) Has not been expelled from school under
section
3313.66
of the Revised Code in any of the last four school
years;
(4) Has a grade point average of at least 2.5 out of 4.0,
or
its equivalent as designated in rules adopted by the state
board
of education, in the subject area of the test required under
division (B) of section 3301.0710 of the Revised Code for which
the person failed to attain the designated score;
(5) Has completed the high school curriculum requirements
prescribed in section 3313.603 of the Revised Code or has qualified under division (D) or (F) of that section;
(6) Has taken advantage of any intervention programs
provided by the school district or school in the subject area
described in division (A)(4) of this section and has a
ninety-seven per cent attendance rate, excluding any excused
absences, in any of those programs that are provided at times
beyond the normal school day, school week, or school year or has
received comparable intervention services from a source other than
the school district or school;
(7) Holds a letter recommending graduation from each of the
person's high school teachers in the subject area described in
division (A)(4) of this section and from the person's high school
principal.
(B) The state board of education shall establish rules
designating grade point averages equivalent to the average
specified in division (A)(4) of this section for use by school
districts and schools with different grading systems.
(C) Any student who is exempt from attaining the applicable score designated under division (B) of section 3301.0710 of the Revised Code on the Ohio graduation test in social studies pursuant to division (H) of section 3313.61 or division (B)(2) of section 3313.612 of the Revised Code shall not qualify for a high school diploma under this section, unless, notwithstanding the exemption, the student attains the applicable score on that test. If the student attains the applicable score on that test, the student may qualify for a diploma under this section in the same manner as any other student who is required to take the five Ohio graduation tests prescribed by division (B) of section 3301.0710 of the Revised Code.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact under the power of attorney.
When a child is the subject of a caretaker authorization affidavit
executed under sections 3109.64 to 3109.73 of the Revised Code,
"parent" means the grandparent that executed the affidavit.
(2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home,
or
other residential facility in this state that receives and
cares
for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5)
"Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.22 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child.
(7)
"Handicapped preschool Preschool child with a disability" means a handicapped
child,
as defined by division (A) of has the same meaning as in section 3323.01 of the
Revised Code,
who is at least three years of age but is not of
compulsory school
age, as defined in section 3321.01 of the
Revised Code, and who is
not currently enrolled in kindergarten.
(8)
"Child," unless otherwise indicated, includes
handicapped
preschool children with disabilities.
(9) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child with a disability shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
with a disability who resides in the district in a special education program
outside
of the district or its schools in compliance with Chapter
3323. of
the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of residence, as defined in section 3323.01 of the Revised Code, shall pay tuition for the child in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) For a child that does not receive special education in accordance with Chapter 3323. of the Revised Code, except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of
a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first;
(b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first;
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.362 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency;
(d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement;
(e) If the court has modified its order as to which district department of education has determined, pursuant to division (A)(2) of section 2151.362 of the Revised Code, that a school district other than the one named in the court's initial order, or in a prior determination of the department, is responsible to bear the cost of educating the child pursuant to division (A)(2) of section 2151.362 of the Revised Code, the district so determined to shall be responsible for that cost in the order so modified.
(3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside.
(2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who
is waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised Code.
Upon
request, the grandparent shall complete any consent form
required
by the district. A school district shall not incur any
liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee.
(12) A child under the age of twenty-two years is
entitled
to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division;
(b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following:
(a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located.
(14) A child under the age of twenty-two years who resides with a person other than the child's parent is entitled to attend school in the school district in which that person resides if both of the following apply:
(a) That person has been appointed, through a military power of attorney executed under section 574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, or through a comparable document necessary to complete a family care plan, as the parent's agent for the care, custody, and control of the child while the parent is on active duty as a member of the national guard or a reserve unit of the armed forces of the United States or because the parent is a member of the armed forces of the United States and is on a duty assignment away from the parent's residence.
(b) The military power of attorney or comparable document includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the parent's agent under the military power of attorney or comparable document resides applies until the end of the school year in which the military power of attorney or comparable document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this section or section 3313.65 of the Revised Code, a child under twenty-two years of age may attend school in the school district in which the child, at the end of the first full week of October of the school year, was entitled to attend school as otherwise provided under this section or section 3313.65 of the Revised Code, if at that time the child was enrolled in the schools of the district but since that time the child or the child's parent has relocated to a new address located outside of that school district and within the same county as the child's or parent's address immediately prior to the relocation. The child may continue to attend school in the district, and at the school to which the child was assigned at the end of the first full week of October of the current school year, for the balance of the school year. Division (I)(1) of this section applies only if both of the following conditions are satisfied:
(a) The board of education of the school district in which the child was entitled to attend school at the end of the first full week in October and of the district to which the child or child's parent has relocated each has adopted a policy to enroll children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the relocation outside of the school district to the superintendent of each of the two school districts.
(2) At the beginning of the school year following the school year in which the child or the child's parent relocated outside of the school district as described in division (I)(1) of this section, the child is not entitled to attend school in the school district under that division.
(3) Any person or entity owing tuition to the school district on behalf of the child at the end of the first full week in October, as provided in division (C) of this section, shall continue to owe such tuition to the district for the child's attendance under division (I)(1) of this section for the lesser of the balance of the school year or the balance of the time that the child attends school in the district under division (I)(1) of this section.
(4) A pupil who may attend school in the district under division (I)(1) of this section shall be entitled to transportation services pursuant to an agreement between the district and the district in which the child or child's parent has relocated unless the districts have not entered into such agreement, in which case the child shall be entitled to transportation services in the same manner as a pupil attending school in the district under interdistrict open enrollment as described in division (H) of section 3313.981 of the Revised Code, regardless of whether the district has adopted an open enrollment policy as described in division (B)(1)(b) or (c) of section 3313.98 of the Revised Code.
(J) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state.
(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(L) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code.
(M) In accordance with division (B)(1) of this section, a child whose parent is a member of the national guard or a reserve unit of the armed forces of the United States and is called to active duty, or a child whose parent is a member of the armed forces of the United States and is ordered to a temporary duty assignment outside of the district, may continue to attend school in the district in which the child's parent lived before being called to active duty or ordered to a temporary duty assignment outside of the district, as long as the child's parent continues to be a resident of that district, and regardless of where the child lives as a result of the parent's active duty status or temporary duty assignment. However, the district is not responsible for providing transportation for the child if the child lives outside of the district as a result of the parent's active duty status or temporary duty assignment.
Sec. 3313.646. (A) The board of education of a school
district, except a cooperative education district established
pursuant to section 3311.521 of the Revised Code, may establish
and operate a preschool program except that no such program shall
be established after March 17, 1989, unless both of the following
apply at the time the program is established:
(1) The, provided the board has demonstrated a need for the program.
(2) Unless it is a cooperative education district
established pursuant to divisions (A) to (C) of section 3311.52
of the Revised Code, the school district is eligible for moneys
distributed by the department of education pursuant to section
3317.029 of the Revised Code. A board may use
school funds in support of preschool programs. The board shall
maintain, operate, and admit children to any such program
pursuant to rules adopted by such board and the rules of the
state board of education adopted under sections 3301.52 to
3301.57 of the Revised Code.
A board of education may establish fees or tuition, which
may be graduated in proportion to family income, for
participation in a preschool program. In cases where payment of
fees or tuition would create a hardship for the child's parent or
guardian, the board may waive any such fees or tuition.
(B) No board of education that is not receiving funds
under the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A.
9831, on March 17, 1989, shall compete for funds under the "Head
Start Act" with any grantee receiving funds under that act.
(C) A board of education may contract with any of the
following preschool providers to provide preschool programs,
other than programs for units described by divisions
(B) and (C) of
section 3317.05 of the Revised Code, for children of the school
district:
(1) Any organization receiving funds under the "Head Start
Act";
(2) Any nonsectarian eligible nonpublic school as defined
in division (H) of section 3301.52 of the Revised Code;
(3) Any child care provider licensed under Chapter
5104. of the Revised Code.
Boards may contract to provide preschool programs only with
such organizations whose staff meet the requirements of rules
adopted under section 3301.53 of the Revised Code or those of the
child development associate credential established by the
national association for the education of young children.
(D) A contract entered into under division (C) of this
section may provide for the board of education to lease school
facilities to the preschool provider or to furnish
transportation, utilities, or staff for the preschool program.
(E) The treasurer of any board of education operating a
preschool program pursuant to this section shall keep an account
of all funds used to operate the program in the same manner as he
the treasurer would any other funds of the district pursuant to this chapter.
Sec. 3313.66. (A) Except as provided under division
(B)(2)
of this section, the superintendent of schools of a
city, exempted
village, or local school district, or the
principal of a public
school may suspend a pupil from school for
not more than ten
school days. The board of
education of a city, exempted village,
or local school district
may adopt a policy granting assistant
principals and other
administrators the authority to suspend a
pupil from school for
a period of time as specified in the policy
of the board of
education, not to exceed ten school days. If at
the time a
suspension is
imposed there are fewer than ten school
days remaining in the
school year in which the incident that gives
rise to the
suspension takes place, the superintendent may apply
any
remaining part or all of the period of the suspension to the
following school year. Except in the case of a pupil given an
in-school suspension, no pupil shall be suspended unless prior
to
the suspension such superintendent or principal does both of
the
following:
(1) Gives the pupil written notice of the intention to
suspend the pupil and the reasons for the intended
suspension and,
if
the proposed suspension is based on a violation listed in
division (A) of section 3313.662 of the Revised Code and if the
pupil is sixteen years of age or older, includes in the notice a
statement that the superintendent may seek to permanently exclude
the pupil if the pupil is convicted of or adjudicated a
delinquent
child
for that violation;
(2) Provides the pupil an opportunity to appear at an
informal hearing before the principal, assistant principal,
superintendent, or superintendent's designee and challenge the
reason for the intended suspension or otherwise to explain the
pupil's actions.
(B)(1) Except as provided under division (B)(2), (3),
or (4)
of this section, the
superintendent of schools of a city, exempted
village, or local school
district may expel a pupil from school
for a period not to exceed the greater of eighty school days or
the number of school days remaining in the semester or term in
which the incident that gives rise to the expulsion takes place,
unless the expulsion is extended pursuant to division (F) of this
section. If at the time an expulsion is imposed there are fewer
than eighty school days remaining in the school year in which the
incident that gives rise to the expulsion takes place, the
superintendent may apply any remaining part or all of the period
of the expulsion to the following school year.
(2)(a) Unless a pupil is permanently excluded pursuant to
section
3313.662 of the Revised Code, the superintendent of
schools of a city,
exempted village, or
local school district
shall expel a pupil from school for a period of one year
for
bringing a firearm to a school operated by the board of education
of the
district or onto any other property owned or
controlled by
the
board, except
that the superintendent may reduce this
requirement on a case-by-case basis in
accordance with the policy
adopted by the board under section 3313.661 of the
Revised Code.
(b) The superintendent of schools of a city, exempted
village, or
local school district may expel a pupil from school
for a period of one year
for bringing a firearm to
an
interscholastic competition, an extracurricular event, or any
other school program or activity
that is not located in a school
or on
property that is owned or controlled by the district. The
superintendent may
reduce this disciplinary action on a
case-by-case basis in accordance with the
policy adopted by the
board under section 3313.661 of the Revised Code.
(c) Any expulsion pursuant to division (B)(2) of
this
section shall extend, as necessary, into the
school year
following
the school year in which the incident that gives rise to the
expulsion takes
place. As used in this division, "firearm" has
the same meaning as provided
pursuant to the "Gun-Free Schools Act
of
1994," 108 115 Stat. 270 1762, 20 U.S.C.
8001(a)(2) 7151.
(3) The board of education of
a city, exempted village, or
local school district may adopt a
resolution authorizing the
superintendent of schools to expel a
pupil from school for a
period not to exceed one year for
bringing a knife to a school
operated by the board, onto any
other property owned or controlled
by the board,
or to an interscholastic competition, an
extracurricular event, or any
other program or activity sponsored
by the school district or in which
the district is a participant,
or for possessing a
firearm
or knife at a school, on any other
property owned or
controlled by the board, or at
an
interscholastic competition, an extracurricular event, or any
other school program or activity,
which firearm or knife was
initially brought onto school board property by
another person.
The resolution
may authorize the superintendent to extend such an
expulsion, as
necessary, into the school year following the school
year in
which the incident that gives rise to the expulsion takes
place.
(4) The board of education of
a city, exempted village, or
local school district may adopt a
resolution establishing a policy
under section 3313.661 of the
Revised Code that authorizes the
superintendent of schools
to expel a
pupil from school for a
period not to exceed one year for
committing an act that is a
criminal offense when committed by
an adult and that results in
serious physical harm to persons as
defined in division (A)(5) of
section 2901.01 of the Revised
Code or serious physical harm
to
property as defined in division
(A)(6) of section 2901.01 of
the
Revised
Code while the pupil is at
school, on any other property
owned or controlled by the
board, or at
an interscholastic
competition, an extracurricular event, or any
other school program
or activity. Any
expulsion under this division shall extend,
as
necessary, into the school year following the
school year in which
the incident that gives rise to the
expulsion takes place.
(5) The board of education of any city, exempted village, or
local school
district may adopt a resolution establishing a policy
under section 3313.661
of the Revised Code that authorizes the
superintendent of schools to expel a pupil from
school for a
period not to exceed one year for making a bomb threat to a
school
building or to any premises at which a school activity is
occurring at
the time of the threat. Any expulsion under this
division shall extend, as
necessary, into the school year
following the school year in which the
incident that gives rise to
the expulsion takes place.
(6) No pupil shall be expelled under division (B)(1), (2),
(3), (4), or (5)
of this section unless, prior to the pupil's
expulsion, the
superintendent does both of the following:
(a) Gives the pupil and the pupil's parent, guardian, or
custodian
written notice of the intention to expel the pupil;
(b) Provides the pupil and the pupil's parent, guardian,
custodian, or representative an opportunity to appear in person
before the superintendent or the superintendent's designee
to
challenge the reasons for the intended expulsion or otherwise to
explain
the pupil's actions.
The notice required in this division shall include the
reasons for the intended expulsion, notification of the
opportunity of the pupil and the pupil's parent, guardian,
custodian, or
representative to appear before the superintendent
or the
superintendent's designee to challenge the reasons for the
intended
expulsion or
otherwise to explain the pupil's action, and
notification of the
time and place to appear. The time to appear
shall not be
earlier than three nor later than five school days
after the
notice is given, unless the superintendent grants an
extension of
time at the request of the pupil or the pupil's
parent,
guardian, custodian, or representative. If an extension
is granted after
giving the original notice, the superintendent
shall notify the
pupil and the pupil's parent, guardian,
custodian, or
representative of
the new time and place to appear.
If the proposed expulsion is
based on a violation listed in
division (A) of section 3313.662
of the Revised Code and if the
pupil is sixteen years of age or
older, the notice shall include a
statement that the
superintendent may seek to permanently exclude
the pupil if the
pupil is convicted of or adjudicated a delinquent
child for that
violation.
(7) A superintendent of schools of a city, exempted
village,
or
local school district shall initiate expulsion proceedings
pursuant to this
section with respect to any pupil who has
committed an act warranting
expulsion under the district's policy
regarding expulsion even if the pupil
has
withdrawn from school
for any reason after the incident that gives rise to the
hearing
but prior to the hearing or decision to impose the expulsion. If,
following the hearing, the pupil would have been expelled for a
period of time
had the pupil still been enrolled in the school,
the expulsion shall be
imposed
for the same length of time as on a
pupil who has not withdrawn from the
school.
(C) If a pupil's presence poses a continuing danger to
persons or property or an ongoing threat of disrupting the
academic process taking place either within a classroom or
elsewhere on the school premises, the superintendent or a
principal or assistant principal may remove a pupil from
curricular activities or from the school
premises, and a teacher
may remove a pupil from curricular activities under
the teacher's
supervision,
without the notice and hearing requirements of
division (A) or (B) of this
section. As soon as practicable after
making such a removal, the
teacher shall submit in writing to the
principal the reasons for
such removal.
If a pupil is removed under this division from a curricular
activity or from the school premises, written
notice of the
hearing and of the reason for the removal shall be
given to the
pupil as soon as practicable prior to the hearing,
which shall be
held within three school days from the time the
initial removal is
ordered. The hearing shall be held in
accordance with division
(A) of this section unless it is
probable that the pupil may be
subject to expulsion, in which
case a hearing in accordance with
division (B) of this section
shall be held, except that the
hearing shall be held within three
school days of the initial
removal. The individual who ordered,
caused, or requested the
removal to be made shall be present at
the hearing.
If the superintendent or the principal reinstates a pupil
in
a curricular activity under the teacher's
supervision prior to the
hearing following a removal under this
division, the teacher, upon
request, shall be given in writing
the reasons for such
reinstatement.
(D) The superintendent or principal, within one school day
after the time of a pupil's expulsion or suspension, shall notify
in writing the parent, guardian, or custodian of the pupil and
the
treasurer of the board of education of the expulsion or
suspension. The notice shall include the reasons for the
expulsion or suspension, notification of the right of the pupil
or
the pupil's parent, guardian, or custodian to appeal the
expulsion
or suspension to the board of education or to its designee, to be
represented in all appeal proceedings, to be granted a hearing
before the board or its designee in order to be heard against the
suspension or expulsion, and to request that the hearing be held
in executive session, notification that the expulsion may be
subject to extension pursuant to division (F) of this section if
the pupil is sixteen years of age or older, and notification that
the superintendent may seek the pupil's permanent exclusion if
the
suspension or expulsion was based on a violation listed in
division (A) of section 3313.662 of the Revised Code that was
committed when the child was sixteen years of age or older and if
the pupil is convicted of or adjudicated a delinquent child for
that violation.
In accordance with the policy adopted by the board of education under section 3313.661 of the Revised Code, the notice provided under this division shall specify the manner and date by which the pupil or the pupil's parent, guardian, or custodian shall notify the board of the pupil's, parent's, guardian's, or custodian's intent to appeal the expulsion or suspension to the board or its designee.
Any superintendent expelling a pupil under this section for
more than twenty school days or for any period of time if the
expulsion will extend into the following semester or school year
shall, in the notice required under this division, provide the
pupil and the pupil's parent, guardian, or custodian with
information
about services or programs offered by public and
private agencies
that work toward improving those aspects of the
pupil's attitudes
and behavior that contributed to the incident
that gave rise to
the pupil's expulsion. The information shall
include the names,
addresses, and phone numbers of the appropriate
public and
private agencies.
(E) A pupil or the pupil's parent, guardian, or custodian
may appeal the pupil's expulsion by a superintendent
or suspension
by a
superintendent,
principal, assistant principal, or other
administrator to the
board of education or to its designee. If the pupil or the pupil's parent, guardian, or custodian intends to appeal the expulsion or suspension to the board or its designee, the pupil or the pupil's parent, guardian, or custodian shall notify the board in the manner and by the date specified in the notice provided under division (D) of this section. The
pupil or the pupil's parent, guardian, or custodian may be
represented in
all appeal proceedings and shall be granted a
hearing before the
board or its designee in order to be heard
against the suspension
or expulsion. At the request of the pupil
or of the pupil's
parent, guardian, custodian, or attorney, the
board or its designee may
hold the hearing in executive session
but shall act upon the
suspension or expulsion only at a public
meeting. The board, by
a majority vote of its full membership or
by the action of its
designee, may affirm the order of suspension
or expulsion,
reinstate the pupil, or otherwise reverse, vacate,
or modify the
order of suspension or expulsion.
The board or its designee shall make a verbatim record of
hearings held under this division. The decisions of the board or
its designee may be appealed under Chapter 2506. of the Revised
Code.
This section shall not be construed to require notice and
hearing in accordance with division (A), (B), or (C) of this
section in the case of normal disciplinary procedures in which a
pupil is removed from a curricular activity
for a period of less
than one school day and is not subject to
suspension or expulsion.
(F)(1) If a pupil is expelled pursuant to division (B) of
this section for committing any violation listed in division (A)
of section 3313.662 of the Revised Code and the pupil was
sixteen
years of age or older at the time of
committing the violation, if
a complaint, indictment, or information is filed alleging that the
pupil is a delinquent child based upon the
commission of the
violation or the pupil is prosecuted as an
adult
for the
commission of the violation, and if the resultant
juvenile
court
or criminal proceeding is pending at the time that
the
expulsion
terminates, the superintendent of schools that
expelled
the pupil
may file a motion with the court in which the
proceeding
is
pending requesting an order extending the expulsion
for the
lesser
of an additional eighty days or the number of
school days
remaining in the school year. Upon the filing of the
motion, the
court immediately shall schedule a hearing and give
written notice
of the time, date, and location of the hearing to
the
superintendent and to the pupil and the pupil's parent,
guardian,
or
custodian. At the hearing, the court shall determine whether
there is reasonable cause to believe that the pupil committed the
alleged violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil
committed
the violation does exist, shall grant the requested extension.
(2) If a pupil has been convicted of or adjudicated a
delinquent child for a violation listed in division (A) of
section
3313.662 of the Revised Code for an act that was
committed when
the child was sixteen years of age or older, if
the pupil has been
expelled pursuant to division (B) of this
section for that
violation, and if the board of education of the
school district of
the school from which the pupil was
expelled has adopted a
resolution seeking the pupil's
permanent exclusion, the
superintendent may file a motion with the court that
convicted
the
pupil or adjudicated the pupil a delinquent child requesting
an
order to extend the expulsion until an adjudication order or
other
determination regarding permanent exclusion is issued by
the
superintendent of public instruction pursuant to section
3301.121
and division (D) of section 3313.662 of the Revised
Code. Upon
the filing of the motion, the court immediately shall
schedule a
hearing and give written notice of the time, date, and
location of
the hearing to the superintendent of the school
district, the
pupil, and the pupil's parent, guardian, or
custodian. At the
hearing, the court shall determine whether there is
reasonable
cause to believe the pupil's continued attendance in
the public
school system may endanger the health and safety of
other pupils
or school employees and, upon making that
determination, shall
grant the requested extension.
(G) The failure of the superintendent or the board of
education to provide the information regarding the possibility of
permanent exclusion in the notice required by divisions (A), (B),
and (D) of this section is not jurisdictional, and the failure
shall not affect the validity of any suspension or expulsion
procedure that is conducted in accordance with this section or
the
validity of a permanent exclusion procedure that is conducted
in
accordance with sections 3301.121 and 3313.662 of the Revised
Code.
(H) With regard to suspensions and expulsions pursuant to
divisions (A) and (B) of this section by the board of education
of
any city, exempted village, or local school district, this
section
shall apply to any student, whether or not the student is
enrolled
in the district, attending or otherwise participating in
any
curricular program provided in a school operated by the board
or
provided on any other property owned or controlled by the
board.
(I) Whenever a student is expelled under this section, the
expulsion shall
result in removal of the student from the
student's regular school setting.
However, during the period of
the expulsion, the board of education of the
school district that
expelled the student or any board of education admitting
the
student during that expulsion period may provide educational
services to
the student in an alternative setting.
(J)(1) Notwithstanding
sections 3109.51 to 3109.80,
3313.64, and 3313.65 of the
Revised
Code, any
school district,
after offering an opportunity
for a hearing, may temporarily deny
admittance
to any pupil if one
of the following applies:
(a) The pupil has been suspended from the schools of another
district under division (A) of this section and the period of
suspension, as established under that division, has not expired;
(b) The pupil has been expelled from the schools of another
district under division (B) of this section and the period of the
expulsion, as established under that division or as extended under
division
(F) of this section, has not expired.
If a pupil is temporarily
denied admission under this
division, the pupil shall be admitted to school in
accordance with
sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the
Revised Code no later than
upon
expiration
of the suspension or
expulsion period, as
applicable.
(2) Notwithstanding
sections 3109.51 to 3109.80,
3313.64, and 3313.65 of the
Revised Code,
any school district,
after offering an opportunity
for a hearing, may
temporarily deny
admittance to any pupil if the
pupil has been expelled or
otherwise removed for disciplinary
purposes from a public school
in another
state and the period of
expulsion or removal has not
expired. If a pupil is
temporarily
denied admission under this
division, the pupil shall be admitted
to school in accordance with
sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the
Revised Code
no later than the earlier of the following:
(a) Upon expiration of the expulsion or removal period
imposed by
the out-of-state school;
(b) Upon expiration of a period established by the district,
beginning with the date of expulsion or removal from the
out-of-state school,
that is no greater than the period of
expulsion that
the pupil would have received under the policy
adopted by the district under
section 3313.661 of the Revised
Code
had the offense that gave rise to the
expulsion or removal by the
out-of-state school been committed while the pupil
was enrolled in
the district.
(K) As used in this section:
(1) "Permanently exclude"
and "permanent exclusion" have the
same meanings as in section
3313.662 of the Revised Code.
(2) "In-school suspension" means the pupil will serve all of
the
suspension in a school setting.
Sec. 3313.661. (A) The board of education of each city,
exempted village, and local school district shall adopt a
policy
regarding suspension, expulsion, removal, and permanent
exclusion
that specifies the types of misconduct for which a
pupil may be
suspended, expelled, or removed. The types of misconduct may
include misconduct by a pupil that occurs off of property owned or
controlled
by the district but that is connected to activities or
incidents
that have occurred on property owned or controlled by
that
district and misconduct by a pupil that, regardless of where
it occurs, is
directed at a district official or employee, or the
property of such official
or employee. The policy shall specify
the
reasons for which the superintendent of the district may
reduce the expulsion
requirement in division (B)(2) of section
3313.66 of the Revised Code. If a
board
of education adopts a
resolution pursuant to division
(B)(3) of section 3313.66 of the
Revised Code, the
policy shall define the term "knife" or
"firearm," as
applicable, for purposes of expulsion under that
resolution and shall specify any reasons for which the
superintendent of the
district may reduce any required expulsion
period on a case-by-case
basis. If a board of education adopts a
resolution pursuant to division
(B)(4) or (5) of section 3313.66
of the Revised Code, the
policy shall specify any reasons for
which the superintendent of the district
may reduce any required
expulsion period on a case-by-case
basis. The policy also
shall
set forth the acts listed in section 3313.662 of the
Revised Code
for which a pupil may be permanently excluded.
The policy adopted under this division shall specify the date and manner by which a pupil or a pupil's parent, guardian, or custodian may notify the board of the pupil's, parent's, guardian's, or custodian's intent to appeal an expulsion or suspension to the board or its designee pursuant to division (E) of section 3313.66 of the Revised Code. In the case of any expulsion, the policy shall not specify a date that is less than fourteen days after the date of the notice provided to the pupil or the pupil's parent, guardian, or custodian under division (D) of that section.
A copy of the policy shall be posted in a central location in
the
school and made available to pupils upon request. No pupil
shall
be suspended, expelled, or removed except in accordance with
the
policy adopted by the board of education of the school
district
in which the pupil attends school, and no pupil shall be
permanently excluded except in accordance with sections 3301.121
and 3313.662 of the Revised Code.
(B) A board of education may establish a program and adopt
guidelines under which a superintendent may require a pupil to
perform community service in conjunction with a
suspension or
expulsion imposed under section 3313.66 of the
Revised Code or in
place of a suspension or expulsion imposed under section
3313.66
of the Revised Code except for an
expulsion imposed pursuant to
division
(B)(2) of that section. If a board adopts guidelines
under this
division,
they shall permit, except with regard to an
expulsion pursuant to
division (B)(2) of section 3313.66 of the
Revised Code, a superintendent
to impose a community service
requirement beyond the end of the school year in lieu of applying
the suspension or expulsion into the following school year. Any
guidelines adopted shall be included in the policy adopted under
this section.
(C) The written policy of each board of education that is
adopted pursuant to section 3313.20 of the Revised Code shall be
posted in a central location in each school that is subject to
the
policy and shall be made available to pupils upon request.
(D) Any policy, program, or guideline adopted by a board
of
education under this section with regard to suspensions or
expulsions pursuant to division (A) or (B) of section
3313.66 of
the Revised Code shall apply to any student, whether or not the
student is enrolled in the district, attending or otherwise
participating in any curricular program provided in a school
operated by the board or provided on any other property owned or
controlled by the board.
(E) As used in this section, "permanently exclude" and
"permanent exclusion" have the same meanings as in section
3313.662 of the Revised Code.
Sec. 3313.82. (A)(1) The boards of education of two or more city, local, or exempted village school districts each having a majority of its territory in a county with a population greater than one million two hundred thousand, by adopting identical resolutions, may enter into an agreement providing for the creation of a student special services district for the purpose of funding the following for students enrolled in those school districts, including students diagnosed as autistic and students with special needs, and their immediate family members:
(a) Special education services;
(b) Behavioral health services for persons with special needs.
If more than eight boards of education adopt resolutions to form a student special services district, the boards may meet at facilities of the educational service center of the county to discuss membership in the district.
(2) The territory of a student special services district at any time shall be composed of the combined territories of the school districts that are parties to the agreement at that time. Services funded by a student special services district shall be available to all individuals enrolled in a school district that is a part of the student special services district and members of their immediate family.
(3) The agreement may be amended pursuant to terms and procedures mutually agreed to by the boards of education that are parties to the agreement.
(B) Each student special services district shall be governed by a board of directors. The superintendent of each board of education that is a party to the agreement shall serve on the board of directors. The agreement shall provide for the terms of office of directors. Directors shall receive no compensation, but shall be reimbursed, from the special fund of the student special services district, for the reasonable and necessary expenses they incur in the performance of their duties for the district. The agreement shall provide for the conduct of the board's initial organizational meeting and for the frequency of subsequent meetings and quorum requirements. At its first meeting, the board shall designate from among its members a president and secretary in the manner provided in the agreement.
The board of directors of a student special services district is a body corporate and politic, is capable of suing and being sued, is capable of contracting within the limits of this section and the agreement governing the district, and is capable of accepting gifts, donations, bequests, or other grants of money for use in paying its expenses. The district is a public office and its directors are public officials within the meaning of section 117.01 of the Revised Code, the board of directors is a public body within the meaning of section 121.22 of the Revised Code, and records of the board and of the district are public records within the meaning of section 149.43 of the Revised Code.
The agreement shall require the board to designate a permanent location for its offices and meeting place, and may provide for the use of such facilities and property for the provision of services by the agencies with which the board contracts under division (C) of this section.
(C)(1) To provide the services identified in division (A)(1) of this section, the board of directors of a student special services district shall provide for the hiring of employees or shall contract with one or more entities. Except as provided in division (C)(2) of this section, any entity with which the board of directors contracts to provide the services identified in division (A)(1)(b) shall be a qualified nonprofit, nationally accredited agency to which all of the following apply:
(a) The agency is licensed or certified by the departments of mental health, job and family services, and alcohol and drug addiction services.
(b) The agency is chartered by the department of education and provides services to persons diagnosed with autism.
(c) The agency
provides school-based behavioral health services.
(2) The board of directors may contract with an entity that does not meet the conditions stated in division (C)(1) of this section if the services to be provided by the entity are only incidental to the services identified in division (A)(1)(b) of this section.
(3) The board of directors may levy a tax throughout the district as provided in section 5705.219 of the Revised Code. The board of directors shall provide for the creation of a special fund to hold the proceeds of any tax levied under section 5705.219 of the Revised Code and any gifts, donations, bequests, or other grants of money coming into the possession of the district. A student special services district is a subdivision, and the board of directors is a governing body, within the meaning of section 135.01 of the Revised Code. The board of directors may not issue securities or otherwise incur indebtedness.
(4) The adoption or rejection by electors of a tax levy to fund a student special services district pursuant to section 5705.219 of the Revised Code does not alter the duty of each school district member of the student special services district to provide special education and related services as required under Chapter 3323. of the Revised Code. On the expiration of a student special services district levy, the state, member school districts of the student special services district, and any other governmental entity shall not be obligated to provide replacement funding for the revenues under the expired levy. The tax levy, in whole or in part, shall not be considered a levy for current operating expenses pursuant to division (A) of section 3317.01 of the Revised Code for any of the school districts that are members of the student special services district.
(D)(1) The agreement shall provide for the manner of appointing an individual or entity to perform the duties of fiscal officer of the student special services district. The agreement shall specify the length of time the individual or entity shall perform those duties and whether the individual or entity may be reappointed upon the completion of a term. The fiscal officer may receive compensation for performing the duties of the position and be reimbursed for reasonable expenses of performing those duties from the student special services district's special fund.
(2) The legal advisor of the board of directors of a student special services district shall be the prosecuting attorney of the most populous county containing a school district that is a member of the student special services district. The prosecuting attorney shall prosecute all actions against a member of the board of directors for malfeasance or misfeasance in office and shall be the legal counsel for the board and its members in all other actions brought by or against them and shall conduct those actions in the prosecuting attorney's official capacity. No compensation in addition to the prosecuting attorney's regular salary shall be allowed.
(E) The board of directors of a student special services district shall procure a policy or policies of insurance insuring the board, the fiscal officer, and the legal representative against liability on account of damage or injury to persons and property. Before procuring such insurance the board shall adopt a resolution setting forth the amount of insurance to be purchased, the necessity of the insurance, and a statement of its estimated premium cost. Insurance procured pursuant to this section shall be from one or more recognized insurance companies authorized to do business in this state. The cost of the insurance shall be paid from the district's special fund.
A student special services district is a political subdivision within the meaning of section 2744.01 of the Revised Code.
(F)(1) The board of education of a school district having a majority of its territory in the county may join an existing student special services district by adopting a resolution requesting to join as a party to the agreement and upon approval by the boards of education that currently are parties to the agreement. If a tax is levied in the student special services district under section 5705.219 of the Revised Code, a board of education may join the district only after a majority of qualified electors in the school district voting on the question vote in favor of levying the tax throughout the school district. A board of education joining an existing district shall have the same powers, rights, and obligations under the agreement as other boards of education that are parties to the agreement.
(2) A board of education that is a party to an agreement under this section may withdraw the school district from a student special services district by adopting a resolution. The withdrawal shall take effect on the date provided in the resolution. If a tax is levied in the student special services district under section 5705.219 of the Revised Code, the resolution shall take effect not later than the first day of January following adoption of the resolution. Beginning with the first day of January following adoption of the resolution, any tax levied under section 5705.219 of the Revised Code shall not be levied within the territory of the withdrawing school district. Any collection of tax levied in the territory of the withdrawing school district under that section that has not been settled and distributed when the resolution takes effect shall be credited to the district's special fund.
(G) An agreement entered into under this section shall provide for the manner of the student special services district's dissolution. The district shall cease to exist when not more than one school district remains in the district, and the levy of any tax under section 5705.219 of the Revised Code shall not be extended on the tax lists in any tax year beginning after the dissolution of the district. The agreement shall provide that, upon dissolution of the district, any unexpended balance in the district's special fund shall be divided among the school districts that are parties to the agreement immediately before dissolution in proportion to the taxable valuation of taxable property in the districts, and credited to their respective general funds.
Sec. 3313.841. The boards of education and governing boards of two or more
city, local, joint vocational, or exempted village school
districts or educational service centers may contract in accordance with the
terms of this
section for the sharing on a cooperative basis of the services of
supervisory teachers, special instruction teachers, special
education teachers, and other licensed personnel necessary to
conduct approved cooperative classes for special education and related
services
and gifted education.
The boards of two or more districts or service centers desiring
to enroll students in such classes shall each adopt resolutions
indicating such desire and designating one of the participating
districts or service centers as the funding agent for purposes of this
section. The
district or service center designated as the funding agent shall enter into an
employment contract with each licensed teacher
whose services
are to be shared among the participating districts and service centers. In
turn, the funding agent shall enter into contracts with each of the
districts and service centers which have adopted resolutions agreeing to
participate
in the cooperative program upon terms agreed to by all parties to
such contract. Such contracts between districts and service centers shall set
forth the services to be provided by the licensed teacher
employed by the funding agent whose services are to be shared by the
participating districts and service centers and the basis for computing the
amounts to be paid for such services to the funding agent by the
participating districts and service centers.
For purposes of division (B) of
section
3317.05 of the Revised Code, the funding agent shall count all
pupils enrolled in cooperative programs for handicapped pupils with disabilities as
pupils enrolled in such programs in the funding agent district. Upon receipt
of payment for such programs, the funding agent
district shall credit the account of districts participating in
the cooperative program for the amounts due under contracts
entered into under the terms of this section in proportion to the
number of resident students enrolled in the cooperative program
from each participating district and service center.
In determining the terms of the contract entered into by
the funding agent district or service center and the participating districts
and service centers, the
superintendent of schools of each participating board of
education and governing board shall serve as a committee which shall
recommend such terms to such boards.
Sec. 3313.843. (A) Notwithstanding division (D) of section
3311.52 of the Revised Code, this section does not apply to
either of the following:
(1) Any cooperative education school district;
(2) Any city or exempted village school district with
a total student count of thirteen
thousand or more determined pursuant to section 3317.03 of the Revised
Code
that has not entered into one or more agreements pursuant to this
section prior to July 1, 1993, unless the district's total student count
did not exceed thirteen thousand at
the time it entered into an
initial agreement under this section.
(B) The board of education of a city or exempted village school
district and the governing board of an educational service center
may enter into an agreement,
through adoption of identical resolutions, under which the
educational service center governing
board will provide services to the city or exempted village
school district.
Services provided under the agreement shall be specified in
the agreement, and may include any one or a combination of the
following: supervisory teachers; in-service and continuing
education programs for city or exempted village school district
personnel; curriculum services as provided to the local school
districts under the supervision of the service center governing
board; research and
development programs; academic instruction for which the
governing
board employs teachers pursuant to section 3319.02 of the Revised
Code; and assistance in the provision of special accommodations
and classes for handicapped students with disabilities. Services included in the
agreement shall be provided to the city or exempted village
district in the same manner they are provided to local school
districts under the governing board's supervision, unless
otherwise
specified in the agreement. The city or exempted village board
of education shall reimburse the educational service center
governing board
pursuant to section 3317.11 of the Revised Code.
(C) If an educational service center received funding under
division
(B) of former section 3317.11 or division (F) of section 3317.11 of the Revised Code for an agreement under this section
involving a city school district whose
total student count was less than
thirteen thousand, the service center may continue to receive funding under
that division for such an agreement in any subsequent year if the city
district's total student count exceeds
thirteen thousand. However, only
the first thirteen thousand pupils in the
formula ADM of such
district shall be included in determining the amount of the per pupil subsidy
the service center shall receive under division (F) of section
3317.11 of the Revised Code.
(D) Any agreement entered into pursuant to this section shall
be valid only if a copy is filed with the department of education
by the first day of the school year for which the agreement is in
effect.
Sec. 3313.97. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative education school district.
(A) As used in this section:
(1) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(2) "Alternative school" means a school building other
than the one to which a student is assigned by the district
superintendent.
(3) "IEP" means an individualized education program
defined by division (E) of has the same meaning as in section 3323.01 of the Revised Code.
(B) The board of education of each city, local, and
exempted village school district shall adopt an open enrollment
policy allowing students entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code to
enroll in an alternative school. Each policy shall provide for
the following:
(1) Application procedures, including deadlines for
application and for notification of students and principals of
alternative schools whenever a student's application is accepted.
The policy shall require a student to apply only if the
student wishes to attend an alternative school.
(2) The establishment of district capacity limits by grade
level, school building, and education program;
(3) A requirement that students enrolled in a school
building or living in any attendance area of the school building
established by the superintendent or board be given preference
over applicants;
(4) Procedures to ensure that an appropriate racial
balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting applicants to alternative
schools shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping disabling conditions, except that a board may require a
student receiving services under Chapter 3323. of the Revised
Code to attend school where the services described in the
student's IEP are available;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled for ten consecutive days
or more in the term for which admission is sought or in the term
immediately preceding the term for which admission is sought, the
procedures may include a provision denying admission of such
applicant to an alternative school.
(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and except as provided in division (D)(2) of this section, a
district board is not required to provide transportation to a
nonhandicapped nondisabled student enrolled in an alternative school unless
such student can be picked up and dropped off at a regular school
bus stop designated in accordance with the board's transportation
policy or unless the board is required to provide additional
transportation to the student in accordance with a court-approved
desegregation plan.
(2) A district board shall provide transportation to any student enrolled in an alternative school pursuant to division (E) of section 3302.04 of the Revised Code to the extent required by that division, except that no district board shall be required to provide transportation to any student enrolled in an alternative school pursuant to division (E) of section 3302.04 of the Revised Code after the date the school in which the student was enrolled immediately prior to enrolling in the alternative school ceases to be subject to that division.
(E) Each school board shall provide information about the
policy adopted under this section and the application procedures
and deadlines to the parent of each student in the district and
to the general public.
(F) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies.
Sec. 3313.974. As used in this section and in
sections 3313.975 to 3313.979 of the Revised
Code:
(A) "Individualized education
program" and "handicapped child with a disability" have the same
meanings as in section 3323.01 of the Revised
Code.
(B) "Mainstreamed handicapped
student with a disability" means a handicapped child with a disability who has an individualized
education program providing for the student to spend more than
half of each school day in a regular school setting with
nonhandicapped nondisabled students.
(C) "Separately educated handicapped
student with a disability" means a handicapped child with a disability who has an individualized
education program providing for the student to spend at least
half of each school day in a class or setting separated from
nonhandicapped nondisabled students.
(D) "Low-income family" means a family whose income is
below the level which the superintendent of public instruction shall
establish.
(E) "Parent" has the same meaning as
in section 3313.98 of the Revised Code.
(F) "Registered private school" means
a school registered with the superintendent of public instruction pursuant
to section 3313.976 of the Revised Code.
(G) "Alternative school" means a
registered private school located in a school district or a
public school located in an adjacent school district.
(H) "Tutorial assistance" means
instructional services provided to a student outside of regular
school hours approved by the commission on school choice pursuant
to section
3313.976 of the Revised Code.
Sec. 3313.977. (A)(1) Each registered private
school shall admit students to kindergarten and first, second, and third
grades in accordance with the following priorities:
(a) Students who were enrolled in the school during the
preceding year;
(b) Siblings of students enrolled in the school during
the preceding year, at the discretion of the school;
(c) Children from low-income families attending school
or residing in the school district in which the school is located
until the number of such students in each grade equals the number that
constituted twenty per
cent of the total number of students enrolled in the school
during the preceding year in such grade. Admission of such
twenty per cent shall be by lot from among all low-income family
applicants who apply prior to the fifteenth day of February
prior to admission.
(d) All other applicants residing anywhere, provided
that all remaining available spaces shall be filled from among
such applicants by lot.
Children from low-income families not selected by lot
under division (A)(1)(c) of this section shall be
included
in the lottery of all remaining applicants pursuant to division
(A)(1)(d) of this section.
(2) Each registered private school shall first admit to grades four
through twelve students who were enrolled in the school during the preceding
year. Any remaining spaces for students in these grades may be filled as
determined by the school.
(B) Notwithstanding division (A) of
this section, except where otherwise prohibited by federal law, a
registered private school may elect to admit students of only one gender
and may deny admission to any separately educated handicapped
student with a disability.
(C) If a scholarship student who has been accepted in accordance
with this section fails to enroll in the school for any reason or
withdraws from the school during the school year for any reason,
the school may elect to replace such student with another scholarship student
only by first
offering the admission to any low-income scholarship students who filed
applications
by the preceding fifteenth day of February and who were not
accepted at that time due to space limitations.
Sec. 3313.978. (A) Annually by the first day of
November,
the superintendent of public instruction shall notify the
pilot
project school district of the number of initial
scholarships that
the state superintendent will be awarding in
each of grades
kindergarten through eight.
The state superintendent shall provide information about the
scholarship program
to all students residing in the district,
shall accept
applications from any
such students until such date
as shall be established by the
state superintendent as a
deadline
for applications, and shall establish criteria for the selection
of
students to receive
scholarships from among all those applying
prior to the
deadline, which criteria shall give preference to
students from
low-income families. For each student selected, the
state superintendent
shall also determine whether the student
qualifies for seventy-five or ninety
per cent of the scholarship
amount. Students whose family income is at or
above two hundred
per cent of the maximum income level established by the
state
superintendent for low-income families shall qualify for
seventy-five
per cent of
the scholarship amount and students whose
family income is below two hundred
per cent of that maximum income
level shall qualify for ninety per cent of the
scholarship amount.
The state superintendent shall notify
students of their selection
prior to the fifteenth day of January and
whether they qualify for
seventy-five or ninety per cent of the scholarship
amount.
(1) A student receiving a pilot project scholarship may
utilize it at an alternative
public school by notifying the
district superintendent, at any time before the beginning of the
school year,
of the name of the public school in an adjacent
school district
to which the student has been
accepted pursuant to
section 3327.06 of the Revised
Code.
(2) A student may decide to utilize a pilot project
scholarship at
a registered private school in the district if all
of the
following conditions are met:
(a) By the fifteenth day of February of the
preceding school
year, or at any time prior to the start of the
school year, the
parent makes an application on behalf of the
student to a
registered private school.
(b) The registered private school notifies the
parent and
the state superintendent as follows that the
student has been
admitted:
(i) By the fifteenth day of March of
the preceding school
year if the student filed an application by the
fifteenth day of
February and was admitted by the school
pursuant to division (A)
of section 3313.977 of the
Revised Code;
(ii) Within one week of the decision to admit
the student if
the student is admitted pursuant to division
(C) of section
3313.977 of the
Revised Code.
(c) The student actually enrolls in the
registered private
school to which the student was first admitted or in
another
registered private school in the district or in a public school
in
an adjacent school district.
(B) The state superintendent shall also award in
any school
year tutorial assistance grants to a number of
students
equal to
the number of students who receive scholarships under
division (A)
of this section. Tutorial assistance
grants shall be awarded
solely to students who are enrolled
in the public schools of the
district in a grade level covered by
the
pilot project. Tutorial
assistance
grants may be used solely to obtain
tutorial assistance
from a provider approved pursuant to division
(D) of section
3313.976 of the Revised
Code.
All students wishing to obtain tutorial assistance grants
shall make application to the state superintendent by the
first
day of
the school year in which the
assistance will be used. The
state superintendent shall
award assistance grants in accordance
with criteria the superintendent shall
establish. For each
student awarded a grant, the state superintendent shall
also
determine whether the student qualifies for seventy-five
or ninety
per cent of the grant amount and so notify the student. Students
whose family income is at or above two hundred per cent of the
maximum income
level established by the state superintendent for
low-income families shall
qualify for
seventy-five per cent of the
grant amount and students whose family income is
below two hundred
per cent of that maximum income level shall qualify for
ninety per
cent of the grant amount.
(C)(1) In the case of basic scholarships for students in grades kindergarten through eight, the
scholarship
amount shall not exceed the lesser of the tuition
charges of the
alternative school the scholarship recipient
attends or
three thousand dollars before fiscal year 2007 and three thousand four hundred fifty dollars in fiscal year 2007 and thereafter.
In the case of basic scholarships for students in grades nine through twelve, the scholarship amount shall not exceed the lesser of the tuition charges of the alternative school the scholarship recipient attends or two thousand seven hundred dollars before fiscal year 2007 and three thousand four hundred fifty dollars in fiscal year 2007 and thereafter.
(2) The state superintendent shall provide for an increase
in the basic
scholarship amount in the case of any student who is
a
mainstreamed handicapped student with a disability and shall further increase such
amount in the case of any separately educated handicapped child student with a disability.
Such increases shall take into account the instruction, related
services, and transportation costs of educating such students.
(3) In the case of tutorial
assistance grants, the grant
amount shall not exceed the
lesser of the provider's actual
charges for such assistance or:
(a) Before fiscal year 2007, a
percentage established by the
state superintendent, not to exceed twenty
per cent, of the amount
of the pilot project school district's
average basic scholarship
amount;
(b) In fiscal year 2007 and thereafter, four hundred dollars.
(4) No scholarship or tutorial assistance grant shall be
awarded unless the state superintendent determines that
twenty-five or ten per cent, as applicable, of the amount
specified for such
scholarship or grant pursuant to division
(C)(1), (2), or (3) of this
section will be furnished by a
political subdivision, a private
nonprofit or for profit entity,
or another person. Only
seventy-five or ninety per cent of such
amounts, as applicable, shall be paid
from state funds pursuant to
section 3313.979 of the Revised
Code.
(D)(1) Annually by the first day of
November, the state
superintendent shall estimate the maximum
per-pupil
scholarship
amounts for the ensuing school year. The state
superintendent
shall make this estimate available to the
general
public at the
offices of the district board of education together
with the
forms
required by division (D)(2) of this section.
(2) Annually by the fifteenth day of
January, the chief
administrator of each registered
private school located in the
pilot project district and the
principal of each public school in
such
district shall complete a parental information form and
forward
it to the president of the board of education. The
parental
information form shall be prescribed by the department of
education and shall provide information about the grade levels
offered, the numbers of students, tuition amounts,
achievement
test results, and any sectarian or other
organizational
affiliations.
Sec. 3313.98. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
the provisions of this section and sections 3313.981 to 3313.983
of the Revised Code that apply to a city school district do not
apply to a joint vocational or cooperative education school
district unless expressly specified.
(A) As used in this section and sections 3313.981 to
3313.983 of the Revised Code:
(1) "Parent" means either of the natural or adoptive
parents of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents
of the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except
that "parent" means either parent when the court issues a shared
parenting decree.
(b) When a court has granted temporary or permanent
custody of the student to an individual or agency other than
either of the natural or adoptive parents of the student,
"parent" means the legal custodian of the child.
(c) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(2) "Native student" means a student entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school
in a district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village,
or local school district having territory that abuts the
territory of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
school in an adjacent district.
(5) "Adjacent district joint vocational student" means
an adjacent district student who enrolls in a city, exempted
village, or local school district pursuant to this section and
who also enrolls in a joint vocational school district that does
not contain the territory of the district for which that student
is a native student and does contain the territory of the city,
exempted village, or local district in which the student enrolls.
(6) "Formula amount" has the same meaning as in section 3317.02
of the Revised Code.
(7) "Adjusted formula amount" means the greater of the following:
(a) The fiscal year 2005 formula
amount multiplied by the fiscal year 2005
cost-of-doing-business factor for a
district defined in the version of section 3317.02 of the
Revised Code in effect that year;
(b) The sum of (the current formula amount times the current cost-of-doing-business factor as defined in section 3317.02 of the Revised Code) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(8) "Poverty line" means the poverty line established by
the director of the United States office of management and budget
as revised by the director of the office of community services in
accordance with section 673(2) of the "Community Services Block
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(9) "IEP" means an individualized education
program
defined by division (E) of has the same meaning as in section 3323.01 of the Revised Code.
(10) "Other district" means a city,
exempted village, or local school district having territory
outside of the territory of a district adopting a resolution
under this section.
(11) "Other district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend school in an
other district.
(12) "Other district joint vocational student" means a
student who is enrolled in any city, exempted village, or local
school district and who also enrolls in a joint vocational
school district that does not contain the territory of the
district for which that student is a native student in
accordance with a policy adopted under section 3313.983 of the
Revised Code.
(B)(1) The board of education of each city, local, and
exempted village school district shall adopt a resolution
establishing for the school district one of the following policies:
(a) A policy that entirely
prohibits the enrollment of students from adjacent districts or
other districts, other than students for whom
tuition is
paid in accordance with section 3317.08 of the Revised Code;
(b) A policy that permits
enrollment of students from all adjacent
districts in accordance with policy statements contained in
the resolution;
(c) A policy that permits enrollment of
students from all other districts in accordance with policy
statements contained in the resolution.
(2) A policy permitting enrollment of students from adjacent
or from other districts, as applicable, shall
provide for all of the following:
(a) Application procedures, including deadlines for
application and for notification of students and the
superintendent of
the applicable district whenever an adjacent or other
district student's application is
approved.
(b) Procedures for admitting adjacent or other district applicants free of
any tuition obligation to the district's schools,
including, but not limited to:
(i) The establishment of district capacity limits by grade
level, school building, and education program;
(ii) A requirement that all native students wishing to be
enrolled in the district will be enrolled and that any adjacent
or other district students previously
enrolled in the district shall
receive preference over first-time applicants;
(iii) Procedures to ensure that an appropriate racial
balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting adjacent or other district
students, as applicable, shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping conditions disability, except that a board may refuse to admit
a student receiving services under Chapter
3323. of the Revised Code, if the services described in the
student's IEP are not available in the district's schools;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled by the
student's district
for ten consecutive days or more in the term for which admission
is sought or in the term immediately preceding the term for which
admission is sought, the procedures may include a provision
denying admission of such applicant.
(D)(1) Each school board permitting only enrollment of adjacent
district students shall provide information about the
policy adopted under this section, including the application
procedures and deadlines, to the superintendent and the board of
education of each adjacent district and, upon request, to the
parent of any adjacent district student.
(2) Each school board permitting enrollment of other
district students shall provide information about the policy
adopted under this section, including the application procedures
and deadlines, upon request, to the board of education of any
other school district or to the parent of any student
anywhere in the state.
(E) Any school board shall accept all credits toward
graduation earned in adjacent or other district schools by an
adjacent or other district student or a native student.
(F)(1) No board of education may adopt a policy
discouraging or prohibiting its native students from applying to
enroll in the schools of an adjacent or any other district that has
adopted a policy permitting such enrollment, except that:
(a) A district may object to the enrollment of a native
student in an adjacent or other district in order to maintain an
appropriate racial balance.
(b) The board of education of a district receiving funds
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,
may adopt a resolution objecting to the enrollment of its native
students in adjacent or other districts if at least ten per cent of
its students are included in the determination of the United States secretary
of education made under section 20 U.S.C.A. 238(a).
(2) If a board objects to enrollment of native students
under this division, any adjacent or other district shall refuse to
enroll
such native students unless tuition is paid for the students in
accordance with section 3317.08 of the Revised Code. An adjacent
or other district enrolling such students may not receive funding for
those students in accordance with section 3313.981 of the Revised
Code.
(G) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies. The board may adopt rules requiring uniform
application procedures, deadlines for application, notification
procedures, and record-keeping requirements for all school boards
that adopt policies permitting the enrollment of adjacent or other
district students, as applicable. If
the state board adopts such rules, no
school board shall adopt a policy that conflicts with those
rules.
(H) A resolution adopted by a board of education under
this section that entirely prohibits the enrollment of students
from adjacent and from other school districts does not abrogate any
agreement
entered into under section 3313.841 or 3313.92 of the Revised
Code or any contract entered into under section 3313.90 of the
Revised Code between the board of education adopting the
resolution and the board of education of any adjacent or other
district or prohibit these boards of education from entering into any such
agreement or contract.
(I) Nothing in this section shall be construed to permit
or require the board of education of a city, exempted village, or
local school district to exclude any native student of the
district from enrolling in the district.
Sec. 3313.983. (A) The board of education of each joint
vocational school district shall adopt a policy pertaining to
enrollment of students who, upon enrollment, will be adjacent
district joint vocational students except that, in lieu of
such a policy, a board may adopt a policy pertaining to enrollment of students
who, upon enrollment, will be other district joint vocational students. Any
such policy to enroll other district joint vocational students
shall
apply
beginning with the school year that commences July 1,
1998.
A policy adopted under this section shall provide for all of the
following:
(1) Application procedures, including procedures for
notifying any future adjacent district or other district joint
vocational
students, as applicable,
and the superintendent of the city, exempted village, or local
school districts in which they are also enrolled whenever their
applications are approved;
(2) Procedures for admitting to the district applicants
who will be, as applicable, adjacent district or
other district joint vocational students,
including, but not limited to:
(a) The establishment of district capacity limits by grade
level, school building, and education program;
(b) A requirement that all students entitled under section
3313.64 or 3313.65 of the Revised Code to attend school in a
district that has territory in the joint vocational school
district will be enrolled in the district ahead of any adjacent district or
other district joint
vocational students;
(c) A requirement that any previously enrolled adjacent district or
other
district joint vocational student, as applicable, shall
receive preference over
first-time applicants to become adjacent district or other district
joint
vocational students.
(B) The procedures for admitting students who will be, as
applicable, adjacent district or other district joint
vocational students shall not
include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping conditions disability, except that a board may refuse to admit
an applicant receiving services under Chapter 3323. of the
Revised Code if the services described in the student's IEP are
not available in the district;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled by any school district
for ten consecutive days or more in the term for which admission
is sought or in the term immediately preceding the term for which
admission is sought, the procedures may include a provision
denying admission of such applicant.
(C) The board of education of each joint vocational school
district shall provide information about the policy it adopts
under this section, including the application procedures, to the
superintendent and the board of education of each city, exempted
village, and local school district with territory in the district
and, upon request, to the parent of any student who could become, as
applicable, an adjacent district or other district joint
vocational student of the
district.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of sponsors of the community schools
established
under this chapter and shall provide technical
assistance to schools and sponsors in their compliance with
applicable laws and the terms of the contracts entered into under
section 3314.03 of the Revised Code and in the development and
start-up activities of those schools. In carrying out its duties
under this section, the department shall do all of the following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools and
monitor the effectiveness of those sponsors in their oversight of
the schools with which they have contracted;
(3) By December thirty-first of each year, issue a report
to the governor, the speaker of
the house of representatives, the
president of the senate, and the
chairpersons of the house and
senate committees principally
responsible for education matters
regarding the effectiveness of
academic programs, operations, and
legal compliance and of the financial condition of all
community
schools established under this chapter;
(4) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) No entity listed in division (C)(1) of section
3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship. The
department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and
deadlines
for
processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The
rules shall
require an entity to submit evidence of the entity's
ability and
willingness to comply with the provisions of division
(D) of
section 3314.03 of the Revised Code. The rules also shall require entities approved as sponsors on and after June 30, 2005, to demonstrate a record of financial responsibility and successful implementation of educational programs. If an entity seeking approval on or after June 30, 2005, to sponsor community schools in this state sponsors or operates schools in another state, at least one of the schools sponsored or operated by the entity must be comparable to or better than the performance of Ohio schools in a state of academic watch need of continuous improvement under section 3302.03 of the Revised Code, as determined by the department.
An entity that sponsors community schools may
enter into preliminary agreements and sponsor schools as follows, provided each school and the contract for
sponsorship meets the requirements of this chapter:
(a) An entity that sponsored fifty or fewer schools that were open for operation as of May 1, 2005, may sponsor not more than fifty schools.
(b) An entity that sponsored more than fifty but not more than seventy-five schools that were open for operation as of May 1, 2005, may sponsor not more than the number of schools the entity sponsored that were open for operation as of May 1, 2005.
(c) Until June 30, 2006, an entity that sponsored more than seventy-five schools that were open for operation as of May 1, 2005, may sponsor not more than the number of schools the entity sponsored that were open for operation as of May 1, 2005. After June 30, 2006, such an entity may sponsor not more than seventy-five schools.
Upon approval of an entity to be a sponsor under this division, the department shall notify the entity of the number of schools the entity may sponsor.
The limit imposed on an entity to which division (B)(1) of this section applies shall be decreased by one for each school sponsored by the entity that permanently closes.
If at any time an entity exceeds the number of schools it may sponsor under this division, the department shall assist the schools in excess of the entity's limit in securing new sponsors. If a school is unable to secure a new sponsor, the department shall assume sponsorship of the school in accordance with division (C) of this section. Those schools for which another sponsor or the department assumes sponsorship shall be the schools that most recently entered into contracts with the entity under section 3314.03 of the Revised Code.
(2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final.
(3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.
(C) If at any time the state board of education
finds that a
sponsor is not in compliance or is no longer willing
to comply
with its contract with any community school or with the
department's rules for sponsorship, the
state board or designee
shall conduct a hearing in accordance with Chapter
119. of the
Revised Code on that matter. If after the hearing,
the state
board or designee has confirmed the original finding, the
department of education may revoke the sponsor's approval to
sponsor
community schools and may assume the sponsorship of any
schools
with which the sponsor has contracted until the earlier of
the
expiration of two school years or until a new sponsor as
described
in division (C)(1) of section 3314.02 of the Revised
Code is
secured by the school's governing authority. The
department may
extend the term of the contract in the case of a
school for which
it has assumed sponsorship under this division as
necessary to
accommodate the term of the department's
authorization to sponsor
the school specified in this division.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship, as provided in division (C) of this section, may
be appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a community school governing authority and sponsor when the school permanently closes and ceases operation, which shall include at least procedures for data reporting to the department, handling of student records, distribution of assets in accordance with section 3314.074 of the Revised Code, and other matters related to ceasing operation of the school.
(F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.016. (A) After June 30, 2007, a new start-up school may be established under this chapter only if the school's governing authority enters into a contract with an operator that manages other schools in the United States that perform at a level higher than academic watch. The governing authority of the community school may sign a contract with an operator only if the operator has fewer contracts with the governing authorities of new start-up schools established under this chapter after June 30, 2007, than the number of schools managed by the operator in the United States that perform at a level higher than academic watch, as determined by the department of education.
(B) Notwithstanding division (A) of this section, the governing authority of a start-up school sponsored by an entity described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code may establish one additional school serving the same grade levels and providing the same educational program as the current start-up school and may open that additional school in the 2007-2008 school year, if both of the following conditions are met:
(1) The governing authority entered into another contract with the same sponsor or a different sponsor described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code and filed a copy of that contract with the superintendent of public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of the following conditions:
(a) The school currently is rated as excellent or effective pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school years.
(d) The school is not managed by an operator.
Sec. 3314.017. Notwithstanding division (A) of section 3314.016 of the Revised Code, the governing authority of a start-up school sponsored by an entity described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code may establish one additional start-up school that is located in the same school district as the current start-up school, regardless of whether that district is a challenged school district as otherwise required by division (C)(1) of section 3314.02 of the Revised Code, and that provides a general educational program to students in grades kindergarten through six to facilitate their transition to the current start-up school, and may open the additional start-up school in the 2008-2009 school year, if both of the following conditions are met:
(A) The governing authority enters into another contract with the same sponsor, which is hereby authorized to sponsor the additional start-up school and to continue that sponsorship as long as the entity sponsors the current start-up school, and files a copy of the contract with the superintendent of public instruction prior to March 15, 2008.
(B) The governing authority's current school satisfies all of the following conditions:
(1) The school was rated excellent or effective pursuant to section 3302.03 of the Revised Code for three of the four school years beginning with the 2002-2003 school year and ending with the 2005-2006 school year.
(2) The school made adequate yearly progress, as defined in section 3302.01 of the Revised Code, for each of the four school years beginning with the 2002-2003 school year and ending with the 2005-2006 school year.
(3) The school was recognized by the superintendent of public instruction as a school of promise for three of the four school years beginning with the 2002-2003 school year and ending with the 2005-2006 school year.
(4) The school has been in operation for at least five school years.
(5) The school is not managed by an operator.
Sec. 3314.02. (A) As used in this chapter:
(1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section.
(2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly.
(3)
"Challenged school district"
means any of the following:
(a) A school district that is part of the pilot project
area;
(b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code;
(c) A big eight school district.
(4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following:
(a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised
Code;
(b) An average daily membership greater than
twelve
thousand, as reported pursuant to former division
(A) of section
3317.03 of the
Revised Code.
(5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code.
(6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based
instructional method that does not rely on regular classroom
instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities.
(B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school to a community
school.
The proposal
shall be made to the
board of education of
the city, local, or
exempted village school
district
in
which the public school is
proposed to be converted.
Upon receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school, indicating the
intention of the board of education
to
support the conversion to a
community school. A proposing
person or group
that has a
preliminary
agreement under this
division may proceed to finalize
plans for the school,
establish a
governing authority for the
school, and negotiate a contract with
the board of education.
Provided the proposing person or group
adheres to the
preliminary
agreement and all provisions of this
chapter, the board of
education shall negotiate in good faith to
enter into a contract
in accordance
with section 3314.03 of the
Revised Code and
division (C) of this section.
(C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities:
(a) The board of education of the
district in which the
school is proposed to be
located;
(b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located;
(c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory;
(d) The
governing
board of
any educational service
center, as long as the proposed school will be located in a county within the territory of the service center or in a county contiguous to such county;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in section
3345.011 of the Revised Code
or the board of
trustees itself
as
long as a mission of the proposed school to be specified in the
contract under division (A)(2) of section 3314.03 of the Revised
Code and as approved by the department of education under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3) of the Internal Revenue Code as long as all of the
following conditions are satisfied:
(i) The entity has been in operation for at least five
years prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a demonstrated record of successful implementation of educational programs.
(iv) The entity is not a community school.
Any entity
described in division (C)(1) of this
section may enter
into a
preliminary agreement
pursuant
to
division (C)(2) of this
section with the proposing
person or
group.
(2) A preliminary agreement indicates the
intention of
an entity described in division (C)(1)
of this section
to
sponsor the community school. A proposing person or
group that
has such a preliminary agreement may proceed to
finalize plans for
the school, establish a governing authority
as described in
division (E) of this section
for the school, and
negotiate a
contract with the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in accordance with section
3314.03 of the
Revised
Code.
(3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction.
(D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school to a community
school or establish the new
start-up school. Beginning September 29, 2005, adoption of the contract shall occur not later than the fifteenth day of March, and signing of the contract shall occur not later than the fifteenth day of May, prior to the school year in which the school will open. The governing authority shall notify the department of education when the contract has been signed. Subject to sections 3314.013 and, 3314.014, 3314.016, and 3314.017 of the Revised
Code, an unlimited number
of
community schools
may be
established
in any school district
provided that a contract is
entered into
for each community school
pursuant to
this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals
.
No person shall serve on the governing authority or
operate the community school under contract with the governing
authority so long as the person owes the state any money or is in
a dispute over whether the person owes the state any money
concerning the operation of a community school that has closed.
(2) No person shall serve on the governing authorities of more than two start-up community schools at the same time.
(3) No present or former member, or immediate relative of a present or former member, of the governing authority of any community school established under this chapter shall be an owner, employee, or consultant of any nonprofit or for-profit operator of a community school, as defined in section 3314.014 of the Revised Code, unless at least one year has elapsed since the conclusion of the person's membership.
(F) Nothing in this chapter shall be construed to permit the
establishment of a community school in more than one school
district under the same contract.
(G)(1) A new start-up school that is established prior to August 15, 2003, in an urban school district that is not also a big-eight school district may continue to operate after that date and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after that date, but no additional new start-up schools may be established in such a district unless the district is a challenged school district as defined in this section as it exists on and after that date.
(2) A community school that was established prior to June 29, 1999, and is located in a county contiguous to the pilot project area and in a school district that is not a challenged school district may continue to operate after that date, provided the school complies with all provisions of this chapter. The contract between the school's governing authority and the school's sponsor may be renewed, but no additional start-up community school may be established in that district unless the district is a challenged school district.
(3) Any educational service center that, on the effective date of this amendment, sponsors a community school that is not located in a county within the territory of the service center or in a county contiguous to such county may continue to sponsor that community school on and after the effective date of this amendment and may renew its contract with the school. However, the educational service center shall not enter into a contract with any additional community school unless the school is located in a county within the territory of the service center or in a county contiguous to such county.
Sec. 3314.06. The governing authority of each community
school
established under this chapter shall adopt admission
procedures that specify
the following:
(A) That except as otherwise provided in this section,
admission to the
school shall be open to any individual
age
five
to twenty-two
entitled to
attend school pursuant to section
3313.64 or 3313.65 of the Revised Code in
a school district in the
state.
(B)(1) That admission to the school may be limited to
students
who
have attained a specific grade level or are within
a
specific
age group; to students that meet a definition of
"at-risk," as
defined in the contract; to residents of a
specific geographic
area
within the district,
as defined in the
contract; or to separate groups of autistic students and nonhandicapped nondisabled students, as authorized in section 3314.061 of the Revised Code and as defined in the contract.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in
the district
in which the school is located or is open to
residents of other districts, as
provided in the policy adopted
pursuant to the contract.
(D)(1) That there will be no discrimination in the admission
of
students to the school on the basis of race, creed, color,
handicapping
condition disability, or sex
except that:
(a) The
governing
authority may establish single-gender schools for the
purpose
described in division (G) of this section provided
comparable facilities and learning opportunities are offered for
both boys and girls. Such comparable facilities and opportunities
may be offered for each sex at separate locations.
(b) The governing authority may establish a school that simultaneously serves a group of students identified as autistic and a group of students who are not handicapped disabled, as authorized in section 3314.061 of the Revised Code. However, unless the total capacity established for the school has been filled, no student with any handicap disability shall be denied admission on the basis of that handicap disability.
(2) That upon
admission of any
handicapped student with a disability, the
community
school will
comply with all
federal and state laws
regarding the
education of
handicapped
students with disabilities.
(E) That the school may not limit admission to students on
the
basis of intellectual ability, measures of achievement or
aptitude, or
athletic ability, except that a school may limit its
enrollment to students as described in division (B) of this
section.
(F) That the community school will admit the number of
students
that does not exceed
the capacity of the school's
programs, classes, grade levels, or
facilities.
(G)
That the purpose of single-gender schools that are
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education.
(H) That, except as otherwise provided under division
(B) of
this section or section 3314.061 of the Revised Code, if the number of applicants exceeds the capacity
restrictions of division (F) of this section, students
shall be
admitted by lot from all those submitting applications,
except
preference shall be given to students attending the
school the
previous year and to students who reside in the district in
which
the school is located. Preference may be given to siblings of
students attending the school the previous year.
Notwithstanding divisions (A)
to (H) of this
section,
in the event the racial composition of the enrollment of
the
community school is violative of a federal desegregation
order,
the
community school shall take any and all corrective
measures to
comply with the desegregation order.
Sec. 3314.061. A governing authority may establish a community school under this chapter that is limited to providing simultaneously special education and related services to a specified number of students identified as autistic and regular educational programs to a specified number of students who are not handicapped disabled. The contract between the governing authority and the school's sponsor shall specify the target ratio of number of autistic students to number of nonhandicapped nondisabled students in the school's population, the total number of autistic students that may be enrolled in the school, and the total number of nonhandicapped nondisabled students that may be enrolled in the school. A school established in accordance with this section is subject to division (H) of section 3314.06 of the Revised Code, except that because the governing authority establishes a separate capacity for autistic students and nonhandicapped nondisabled students, if the number of applicants among the group of autistic students or the group of nonhandicapped students with disabilities exceeds the capacity restrictions for that group, students shall be admitted by lot from all those of that same group submitting applications. However, unless the total capacity established for the school has been filled, no student with any handicap disability shall be denied admission on the basis of that handicap disability.
Sec. 3314.074. Divisions (A) and (B) of this section apply
only to the extent permitted under Chapter 1702. of the Revised
Code.
(A) If any community school established under this
chapter
permanently closes and ceases its operation as a community
school,
the assets of that school shall be distributed first to
the
retirement
funds of employees of the school, employees of the
school, and private creditors who are owed
compensation, and
then
any remaining funds shall be paid to the
state treasury to
the
credit of the general revenue fund department of education for redistribution to the school districts in which the students who were enrolled in the school at the time it ceased operation were entitled to attend school under section 3313.64 or 3313.65 of the Revised Code. The amount distributed to each school district shall be proportional to the district's share of the total enrollment in the community school.
(B) If a community school closes and ceases to operate as a
community school and the school has received computer hardware or
software from the former Ohio SchoolNet commission or the eTech Ohio commission, such hardware or
software shall be returned to the eTech Ohio commission, and the eTech Ohio commission shall redistribute the hardware and software, to the extent such
redistribution is possible, to school districts in conformance
with the provisions of the programs operated and administered by
the eTech Ohio commission.
(C) If the assets of the school
are insufficient to pay all
persons or entities to whom
compensation is owed, the
prioritization of the distribution of
the assets to individual
persons or entities within each class of
payees may be determined
by decree of a court in accordance with
this section and Chapter
1702. of the Revised Code.
Sec. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code.
(3)
"IEP" means an
individualized education program as
defined has the same meaning as in section 3323.01 of
the Revised Code.
(4)(3)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a handicap
disability described
in that
section.
(5)(4)
"Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division;
(b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division.
(6)(5)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(7)(6)
A community school student
is "included in the
poverty student count" of a school district if
the student is entitled to
attend school in the district and the
student's family receives assistance under the Ohio works first
program.
(8)(7) "Poverty-based assistance reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of
poverty-based assistance a community school is entitled to receive pursuant to
divisions (D)(5) and
(6) to (9) of this
section in any year,
as
specified
in the school's financial plan for the year pursuant to
division
(A)(15) of section 3314.03 of the Revised Code.
(9)(8)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code.
(10) "SF-3 payment" means the sum of the payments to a school district in a fiscal year under divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022, divisions (G), (L), and (N) of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after making the adjustments required by sections 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of section 3317.023, and division (C) of section 3317.20 (9) "State education aid" has the same meaning as in section 5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both
of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP;
(c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap disability described in each of divisions
(A)
to (F)
of section 3317.013
of
the Revised Code;
(d)
The full-time equivalent number of students reported
under divisions
(B)(2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are
provided by the community school;
(e)
Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district and are
entitled to attend school in a city, local, or exempted village
school district whose territory is part of the territory of the
joint vocational district;
(f) The number of
enrolled preschool handicapped students
children with disabilities receiving special education
services in a state-funded unit;
(g) The community
school's base formula amount;
(h) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school;
(i) Any poverty-based assistance reduction factor that applies to a
school
year.
(C) From the SF-3 payment made to state education aid calculated for a city, exempted village, or
local
school district and,
if necessary, from the payment made to the district under
sections 321.24 and 323.156 of the Revised Code, the
department of education
shall annually subtract the sum of the
amounts described in divisions (C)(1) to (9) of this section. However, when deducting payments on behalf of students enrolled in internet- or computer-based community schools, the department shall deduct only those amounts described in divisions (C)(1) and (2) of this section. Furthermore, the aggregate amount deducted under this division shall not exceed the sum of the district's SF-3 payment state education aid and its payment under sections 321.24 and 323.156 of the Revised Code.
(1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a), (b), and (e) of this section who are
enrolled in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the greater of the following:
(a) The fiscal year 2005 base
formula amount
of that community school
as adjusted by the school
district's fiscal year 2005 cost-of-doing-business factor;
(b) The sum of (the current base formula amount of that community school times the school district's current cost-of-doing-business factor) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(2) The
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section:
(a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a handicap
disability described in section 3317.013 of
the Revised Code, the product of
the applicable special education weight
times
the
community
school's base formula
amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a handicap disability described in section
3317.013 of the
Revised
Code, one-half of the amount calculated as
prescribed in division
(C)(2)(a) of this section.
(3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school
who are included in the district's poverty student
count
is multiplied by the per pupil amount of
poverty-based assistance the school district receives that
year pursuant
to
division (B) or (C) of section 3317.029 of
the
Revised
Code, as
adjusted by any poverty-based assistance reduction factor of that
community
school.
If
the district receives
poverty-based assistance under
division (B) of that section,
the per pupil
amount of that aid is
the quotient of the amount the district
received under that
division divided by the
district's poverty student count,
as defined
in that section.
If
the
district receives
poverty-based assistance under division
(C) of section
3317.029 of the Revised
Code, the The
per pupil
amount
of that aid for the
district
shall be calculated by the department.
(5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
poverty-based assistance reduction factor of the community school, is
multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section.
(6) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the number of the district's students enrolled in the community school who are identified as limited-English proficient.
(7) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section 3317.029 of the Revised Code is the district's amount per teacher calculated under division (G)(1) or (2) of that section divided by 17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(8) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code is the amount calculated under each division divided by the district's formula ADM, as defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding calculated for the school district under either division (C) or (D) of section 3317.0217 of the Revised Code multiplied by the sum of the number of students in grades one through twelve, and one-half of the number of students in kindergarten, who are entitled to attend school in the district and are enrolled in a community school as reported under division (B)(1) of this section.
(D) The department shall annually pay to a community school
established under
this chapter the sum of the amounts described in divisions (D)(1) to (10) of this section. However, the department shall calculate and pay to each internet- or computer-based community school only the amounts described in divisions (D)(1) to (3) of this section. Furthermore, the sum of the payments to all community schools under divisions (D)(1), (2), and (4) to (10) of this section for the students entitled to attend school in any particular school district shall not exceed the sum of that district's SF-3 payment state education aid and its payment under sections 321.24 and 323.156 of the Revised Code. If the sum of the payments calculated under those divisions for the students entitled to attend school in a particular school district exceeds the sum of that district's SF-3 payment state education aid and its payment under sections 321.24 and 323.156 of the Revised Code, the department shall calculate and apply a proration factor to the payments to all community schools under those divisions for the students entitled to attend school in that district.
(1) Subject to section 3314.085 of the Revised Code, an amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school,
reported
under
divisions (B)(2)(a), (b), and (e) of
this
section who
are not
receiving special education and related services pursuant
to an
IEP for a handicap disability described in
section
3317.013
of the
Revised
Code
is
multiplied by the greater of the following:
(a) The community school's fiscal year 2005 base formula
amount,
as
adjusted by the fiscal year 2005 cost-of-doing-business factor of the
school
district in which the student is
entitled to attend school;
(b) The sum of (the community school's current base formula amount times the current cost-of-doing-business factor of the school district in which the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(2) Prior to fiscal year 2007, the greater of the amount calculated under division (D)(2)(a) or (b) of this section, and in fiscal year 2007 and thereafter, the amount calculated under division (D)(2)(b) of this section:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section:
(i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap disability described in
section
3317.013
of the
Revised
Code, the following amount:
the greater of (the community school's fiscal year 2005 base formula amount X the fiscal year 2005 cost-of-doing-business factor of the district where the student is entitled to attend school) or [(the school's current base formula amount times the current cost-of-doing-business factor of the school district where the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code])+ (the applicable
special education
weight X the community school's base formula amount);
(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
disability described in
section
3317.013
of the Revised
Code, one-half
of
the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section.
(3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction.
(4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school
who are included in the
district's poverty student count is
multiplied by the per pupil
amount of poverty-based assistance that school district
receives that year pursuant to
division
(B) or (C) of
section
3317.029 of the Revised Code, as
adjusted by
any poverty-based assistance reduction
factor of the community school.
The
per pupil
amount of
aid shall
be determined as described in
division
(C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any
poverty-based assistance reduction factor of the
community
school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(7) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the number of that district's students enrolled in the community school who are identified as limited-English proficient is multiplied by the district's per pupil amount received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school.
(8) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section 3317.029 of the Revised Code shall be determined as described in division (C)(7) of this section.
(9) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code shall be determined as described in division (C)(8) of this section.
(10) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount of state parity aid funding calculated under either division (C) or (D) of section 3317.0217 of the Revised Code is multiplied by the sum of the number of that district's students enrolled in grades one through twelve, and one-half of the number of that district's students enrolled in kindergarten, in the community school as reported under division (B)(2)(a) and (b) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
disability described in
divisions (B) to
(F) of
section
3317.013 of the
Revised
Code
exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit
to the
superintendent of
public instruction documentation,
as
prescribed
by the
superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the
student in
excess of
the threshold catastrophic costs.
(2) The community school shall only report
under division
(E)(1) of this section, and the department
shall
only pay
for, the
costs of educational expenses and the
related
services
provided to
the student in accordance with the
student's
individualized
education program. Any legal fees, court
costs, or
other costs
associated with any cause of action relating
to the
student may
not be included in the amount.
(F) A community school may apply to the department of
education for
preschool handicapped children with disabilities or gifted unit funding the
school would receive if it were a school district. Upon request
of its
governing authority, a community school that received
unit
funding as a school district-operated school before it became a
community
school shall retain any units awarded to it as a school
district-operated
school provided the school continues to meet
eligibility standards for the
unit.
A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J)(1)(a) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the
receipt
of any portion of the
payments to be received by the
school
pursuant to division (D) of this
section. The school may
issue
notes to evidence such borrowing. The
proceeds
of the notes shall be used only for the purposes for
which the
anticipated receipts may be lawfully expended by the
school.
(b) A school may also borrow money for a term not to
exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the
number of students for
which divisions
(D)(5) and
(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under this
division, the department
of
job and family services
shall determine,
for each school district where one or more
students on the list is entitled
to attend school,
the
number
of
students residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student.
(L) The department
of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety
days after April 8, 2003, shall adopt in
accordance with Chapter 119. of the
Revised Code rules governing
the payments to community schools
under this section and section 3314.13 of the Revised Code including
initial payments in a school year and
adjustments and reductions
made in subsequent periodic payments to
community schools and
corresponding deductions from school
district accounts as provided
under divisions (C) and (D) of this
section and section 3314.13 of the Revised Code. For
purposes of this
section and section 3314.13 of the Revised Code:
(1) A
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
beginning on the later of the date on which the school both has received
documentation of the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on which the student is entered into the education management information system established under section 3301.0714 of the Revised Code. For purposes of
applying this
division and division (L)(3) of this section to a community school student, "learning
opportunities"
shall be defined in the contract, which shall
describe both
classroom-based and non-classroom-based learning
opportunities and
shall be in compliance with criteria and
documentation
requirements for student participation which shall
be established
by the department. Any student's instruction time
in
non-classroom-based learning opportunities shall be certified
by
an employee of the community school. A student's enrollment
shall
be considered to cease on the date on which any of the following
occur:
(a) The community school receives documentation from a
parent terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) A The department shall determine each community school student's percentage of full-time equivalency shall
be considered to be based on the percentage the hours of learning
opportunity offered opportunities provided by the community school to that student, reported either as number of hours or number of days, is of nine hundred and twenty
hours the total learning opportunities offered by the community school to a student who attends for the school's entire school year. However, no internet- or computer-based community school shall be credited for any time a student spends participating in learning opportunities beyond ten hours within any period of twenty-four consecutive hours. Whether it reports hours or days of learning opportunities, each community school shall offer not less than nine hundred twenty hours of learning opportunities during the school year.
(M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code.
(N)(1)
No student shall be considered enrolled in any
internet-
or computer-based community school or, if applicable to the student, in any community school that is required to provide the student with a computer pursuant to division (C) of section 3314.22 of the Revised Code, unless both of the following conditions are satisfied:
(a) The student
possesses or
has been provided with all required hardware and
software
materials and all such materials are operational so that the student is capable of fully participating in the learning opportunities specified in the contract between the school and the school's sponsor as required by division (A)(23) of section 3314.03 of the Revised Code;
(b) The
school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In
accordance with policies adopted jointly by the
superintendent
of
public instruction
and the auditor of state,
the
department
shall
reduce the amounts otherwise payable
under
division (D) of
this
section to any
community
school that
includes in its program the
provision of
computer
hardware and
software materials to
any student, if such
hardware
and software
materials have not been
delivered,
installed, and
activated for
each such student in a timely manner or
other educational
materials or
services have not been provided
according to the
contract between
the individual community school
and its sponsor.
The superintendent of public instruction
and the auditor of
state shall jointly
establish a method for auditing any community
school to which this
division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly
make recommendations to the general assembly for
legislative
changes that may be required to assure fiscal and
academic
accountability for such
schools.
(O)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree
to the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board.
The
board may accept the decision of the designee or may reject
the
decision of the designee and issue its own decision on the
matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys
to the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(P) The department shall not subtract from a school district's state aid account under division (C) of this section and shall not pay to a community school under division (D) of this section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school during the previous school year when tests were administered under section 3301.0711 of the Revised Code but did not take one or more of the tests required by that section and was not excused pursuant to division (C)(1) or (3) of that section, unless the superintendent of public instruction grants the student a waiver from the requirement to take the test and a parent is not paying tuition for the student pursuant to section 3314.26 of the Revised Code. The superintendent may grant a waiver only for good cause in accordance with rules adopted by the state board of education.
(4) Any student who has attained the age of twenty-two years, except for veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for enrollment in a community school not later than four years after termination of war or their honorable discharge. If, however, any such veteran elects to enroll in special courses organized for veterans for whom tuition is paid under federal law, or otherwise, the department shall not subtract from a school district's state aid account under division (C) of this section and shall not pay to a community school under division (D) of this section any amount for that veteran.
Sec. 3314.083. If the department of education pays a joint vocational school district under division (G)(4) of section 3317.16 of the Revised Code for excess costs of providing special education and related services to a handicapped student with a disability who is enrolled in a community school, as calculated under division (G)(2) of that section, the department shall deduct the amount of that payment from the amount calculated for payment to the community school under section 3314.08 of the Revised Code.
Sec. 3314.086. If the department of education is required to pay an amount under section 3353.25 of the Revised Code to a school district delivering a course included in the clearinghouse established under section 3353.21 of the Revised Code for a student enrolled in a community school established under this chapter, the department shall deduct the amount of that payment from the amount calculated for payment to the community school under section 3314.08 of the Revised Code.
Sec. 3314.087. (A) As used in this section:
(1) "Career-technical program" means vocational programs or classes described in division (A) or (B) of section 3317.014 of the Revised Code in which a student is enrolled.
(2) "Formula ADM," "category one or two vocational education ADM," and "FTE basis" have the same meanings as in section 3317.02 of the Revised Code.
(3) "Resident school district" means the city, exempted village, or local school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(B) Notwithstanding anything to the contrary in this chapter or Chapter 3317. of the Revised Code, a student enrolled in a community school may simultaneously enroll in the career-technical program operated by the student's resident school district. On an FTE basis, the student's resident school district shall count the student in the category one or two vocational education ADM for the proportion of the time the student is enrolled in the district's career-technical program and, accordingly, the department of education shall calculate funds under Chapter 3317. for the district attributable to the student for the proportion of time the student attends the career-technical program. The community school shall count the student in its enrollment report under section 3314.08 of the Revised Code and shall report to the department the proportion of time that the student attends classes at the community school. The department shall pay the community school and deduct from the student's resident school district the amount computed for the student under section 3314.08 of the Revised Code in proportion to the fraction of the time on an FTE basis that the student attends classes at the community school. "Full-time equivalency" for a community school student, as defined in division (L) of section 3314.08 of the Revised Code, does not apply to the student.
Sec. 3314.088. This section applies to any student who, in accordance with division (A)(6)(b) of section 3314.03 of the Revised Code, is withdrawn from a community school managed by an operator for failure to participate in one hundred five consecutive hours of the learning opportunities offered to the student without a legitimate excuse.
If a student to whom this section applies enrolls in the same community school or a different community school managed by the same operator in the same school year after becoming subject to this section and that community school subsequently withdraws the student in accordance with division (A)(6)(b) of section 3314.03 of the Revised Code prior to the end of the same school year, the department of education shall not pay any state funds under this chapter for the student to that community school, and shall not deduct any funds under this chapter for the student from the state aid account of the school district in which the student is entitled to attend school, for the period of one hundred five consecutive hours of learning opportunities in which the student failed to participate without a legitimate excuse.
Sec. 3314.19. The sponsor of each community school annually shall provide the following assurances in writing to the department of education not later than ten business days prior to the opening of the school:
(A) That a current copy of the contract between the sponsor and the governing authority of the school entered into under section 3314.03 of the Revised Code has been filed with the state office of community schools established under section 3314.11 of the Revised Code and that any subsequent modifications to that contract will be filed with the office;
(B) That the school has submitted to the sponsor a plan for providing special education and related services to students with disabilities and has demonstrated the capacity to provide those services in accordance with Chapter 3323. of the Revised Code and federal law;
(C) That the school has a plan and procedures for administering the achievement tests and diagnostic assessments prescribed by sections 3301.0710 and 3301.0715 of the Revised Code;
(D) That school personnel have the necessary training, knowledge, and resources to properly use and submit information to all databases maintained by the department for the collection of education data, including the education management information system established under section 3301.0714 of the Revised Code in accordance with methods and timelines established under section 3314.17 of the Revised Code;
(E) That all required information about the school has been submitted to the Ohio education directory system or any successor system;
(F) That the school will enroll at least the minimum number of students required by division (A)(11)(a) of section 3314.03 of the Revised Code in the school year for which the assurances are provided;
(G) That all classroom teachers are licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except for noncertificated persons engaged to teach up to twelve hours per week pursuant to section 3319.301 of the Revised Code;
(H) That the school's fiscal officer is in compliance with section 3314.011 of the Revised Code;
(I) That the school has complied with section 3319.39 of the Revised Code with respect to all employees who are responsible for the care, custody, or control of a child and that the school has conducted a criminal records check of each of its governing authority members;
(J) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by division (A)(11)(b) of section 3314.03 of the Revised Code, that the sponsor considers sufficient to indemnify the school's facilities, staff, and governing authority against risk;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(K) That the sponsor has conducted a pre-opening site visit to the school for the school year for which the assurances are provided;
(L) That the school has designated a date it will open for the school year for which the assurances are provided that is in compliance with division (A)(25) of section 3314.03 of the Revised Code;
(M) That the school has met all of the sponsor's requirements for opening and any other requirements of the sponsor.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as possible after such amounts are calculated, the superintendent shall certify to the treasurer of each school district the district's adjusted charge-off increase, as defined in section 5705.211 of the Revised Code. No moneys
shall be distributed pursuant to this chapter without the
approval
of the controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped nondisabled students, utilizing
the determination in
section 3317.012 of the Revised Code. In addition, the
department
shall
calculate and report separately for each school district the
district's total
state and local funds for providing an adequate
education for its handicapped
students with disabilities, utilizing the
determinations in both sections 3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year.
Until fiscal year 2007, payments Payments made during the first six months of
the
fiscal year may be based on an estimate of the amounts
payable for
the entire year. Payments made in the last six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent.
Beginning in fiscal year 2007, payments shall be calculated to reflect the biannual reporting of average daily membership. In fiscal year 2007 and in each fiscal year thereafter, annualized periodic payments for each school district shall be based on the district's student counts certified pursuant to section 3317.03 of the Revised Code as follows:
the sum of one-half of the number of students reportedfor the first full week in October plus one-half of theaverage of the numbers reported for the first full weekin October and for the first full week in February
Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income tax levies
under Chapter 5748. of the Revised Code, limited
to or to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.012. (A) The general assembly, having deliberated on the model with which to calculate the base cost of an adequate education per pupil, has made a policy decision to calculate that amount as consisting of the following building blocks:
(1) Base classroom teachers;
(2) Other personnel support, which includes additional teachers, such as music, arts, and physical education teachers funded by state, local, or federal funds or other funds that are above the base cost funding level, and other school personnel including administrators;
(3) Nonpersonnel support.
This model reflects policy decisions made by the general assembly concerning the cost of base classroom teachers, which decisions entail two policy variables: the number of students per base classroom teacher necessary for an adequate education and the average compensation for a base classroom teacher necessary for an adequate education. The model requires the general assembly to decide the amount of other personnel support necessary for an adequate education, and increase that amount from year to year by the same percentage as it increases the average compensation for base classroom teachers. The model finally requires the general assembly to decide the nonpersonnel costs necessary for an adequate education and to inflate the nonpersonnel costs from year to year using the projected inflationary measure for the gross domestic product deflator (all items) prepared by the bureau of labor statistics of the United States department of labor.
(B)(1) For fiscal year 2006 2008, the general assembly has resolved that a ratio of one base classroom teacher per twenty students is necessary for an adequate education. The general assembly has made a policy decision that the average compensation for base classroom teachers is $53,680 $56,754 for fiscal year 2006 2008, which includes an amount for the value of fringe benefits. For fiscal year 2007 2009, the general assembly has resolved that a ratio of one base classroom teacher per twenty students is necessary for an adequate education. The general assembly has made a policy decision that the average compensation for base classroom teachers is $54,941 $58,621 for fiscal year 2009, which includes an amount for the value of fringe benefits. Based on a ratio of twenty students per base classroom teacher, these amounts equal $2,684 $2,838 per pupil in fiscal year 2006 2008 and $2,747 $2,931 per pupil in fiscal year 2007 2009.
(2) The general assembly has made a policy decision that the per pupil cost of salary and benefits of other personnel support is $1,807 $1,905 in fiscal year 2006 2008. Based on the percentage increase for the average compensation of base classroom teachers per pupil cost of salary and benefits of other personnel support from fiscal year 2006 2007 to fiscal year 2007 2008, the per pupil cost of other personnel support is $1,850 $1,962 in fiscal year 2007 2009.
(3) The general assembly has made a policy decision that the per pupil cost of nonpersonnel support is $792 $822 in fiscal year 2006 2008 and $806 $839 in fiscal year 2007 2009. The amount for fiscal year 2007 2009 reflects the projected inflationary measure for the gross domestic product deflator (all items) of 1.80% 2.00%.
(4) Based on the determinations specified in divisions (B)(1) to (3) of this section, the per-pupil base cost is $5,283 $5,565 in fiscal year 2006 2008 and $5,403 $5,732 in fiscal year 2007 2009.
(C) In addition to the per-pupil base cost as determined under divisions (A) and (B) of this section, the general assembly determines that the following base funding supplements shall be paid to each school district:
(1) Base funding for large-group academic intervention for all students, based on 25 hours per group of students per year at an hourly rate of $20.00 $21.01 in fiscal year 2006 2008 and $20.40 $21.64 in fiscal year 2007 2009, as follows:
large-group intervention units X 25 hours X hourly rate
(a) "Large-group intervention units" equals the district's formula ADM divided by 20;
(b) "Hourly rate" equals $20.00 $21.01 in fiscal year 2006 2008 and $20.40 $21.64 in fiscal year 2007 2009.
(2) Base funding for professional development, phased in according to the following formula:
district's teacher factor X 0.045 X
formula amount X phase-in percentage
(a) For each school district, the district's "teacher factor" is the district's formula ADM divided by 17;
(b) "Phase-in percentage" equals 0.25 in fiscal year 2006 and 0.75 in fiscal year 2007.
(3) Base funding for data-based decision making, calculated according to the following formula:
0.001 X formula amount X formula ADM
(4) Base funding for professional development regarding data-based decision making, calculated according to the following formula:
(0.20 X the district's teacher factor X 0.08 X formula amount) + (the district's principal factor X
0.08 X formula amount)
(a) For each school district, the district's "teacher factor" is the district's formula ADM divided by 17;
(b) For each school district, the district's "principal factor" is the district's formula ADM divided by 340.
(D) The general assembly intends that school districts spend the state funds calculated and paid for each component of the building blocks methodology described in divisions (B)(1) to (3) and (C)(1) to (4) of this section according to the purposes described in those divisions.
Sec. 3317.013. Except for a handicapped preschool child with a disability for whom a scholarship has been awarded under section 3310.41 of the Revised Code, this section does not apply to
handicapped
preschool students children with disabilities.
Analysis of special education cost data has resulted in a
finding that the average special education additional
cost per
pupil, including
the costs of related services, can be expressed
as a multiple of the base cost
per pupil
calculated under section
3317.012 of the Revised Code. The
multiples for the following
categories of special education
programs, as these programs are
defined for purposes of Chapter
3323. of the Revised Code,
and
adjusted as provided in this section, are as
follows:
(A)
A multiple of 0.2892 for students whose primary or only
identified handicap disability is a speech and language handicap disability, as this
term is defined pursuant to Chapter 3323. of the Revised Code;
(B) A multiple of
0.3691 for students identified as
specific
learning disabled or
developmentally
handicapped disabled, as
these terms are defined pursuant
to Chapter 3323.
of
the Revised
Code, or as having an other health
handicapped-minor impairment-minor;
(C) A multiple of
1.7695 for students identified as
hearing
handicapped disabled,
vision
impaired,
or severe behavior handicapped disabled, as
these
terms
are defined pursuant to
Chapter 3323. of the Revised
Code;
(D) A multiple of 2.3646 for students identified as
orthopedically handicapped disabled, as this
term is defined pursuant to
Chapter 3323. of the Revised Code or as having an other health handicapped -
major impairment-major;
(E) A multiple of 3.1129 for students identified as
multihandicapped having multiple disabilities, as
this term is defined pursuant to Chapter
3323. of the Revised
Code;
(F) A multiple of 4.7342 for students identified as
autistic,
having traumatic brain injuries, or as both visually
and hearing disabled impaired, as these terms are
defined
pursuant to
Chapter 3323. of the Revised Code.
In fiscal year 2004 years 2008 and 2009, the multiples specified in divisions (A)
to (F) of this section shall be adjusted by multiplying them by
0.88. In fiscal years 2005, 2006, and 2007, the multiples specified in those
divisions shall be adjusted by multiplying them by 0.90.
Not later than the thirtieth day of May December in 2004, 2005, 2006, and 2007, 2008, and 2009, the department of education shall submit to the office of budget and management a report that specifies for each city, local, exempted village, and joint vocational school district the fiscal year allocation of the state and local shares of special education and related services additional weighted funding and federal special education funds passed through to the district.
Sec. 3317.014. The average vocational education additional
cost per pupil can be expressed as a multiple of the base cost per
pupil calculated under section 3317.012 of the Revised Code. the The
multiples for the following categories of vocational education
programs
are as follows:
(A) A multiple of
0.57 for students enrolled in
vocational
education job-training and workforce development
programs approved
by the
department of education in accordance
with rules
adopted
under section 3313.90 of the Revised Code.
(B) A multiple of
0.28 for students enrolled in
vocational
education classes other than job-training and workforce
development
programs.
Vocational education associated services costs can be
expressed as
a multiple of 0.05 of the base cost per pupil
calculated under section
3317.012 of the Revised Code.
The general assembly has adjusted the multiples specified in
this section for calculating payments beginning in fiscal year
2002 in recognition that its policy change regarding the
application of the cost-of-doing-business factor produces a higher
base cost amount than would exist if no change were made to its
application. The adjustment maintains the same weighted costs as
would exist if no change were made to the application of the
cost-of-doing-business factor.
The By the thirtieth day of each December, the department of education shall annually report to the governor office of budget and management and the general assembly the amount of weighted funding for vocational education and associated services that is was spent by each city, local, exempted village, and joint vocational school district specifically for vocational educational and associated services during the previous fiscal year.
Sec. 3317.015. (A) In addition to the information certified to
the department of education and the office of budget and management under division (A) of section 3317.021
of the Revised Code, the tax commissioner shall, at the same time, certify the
following information to the department and the office of budget and management for each city, exempted village, and local school
district to be used for the same purposes as described under that division:
(1) The taxable value of the school district's carryover property, as defined in section
319.301 of the Revised Code, for the preceding tax year;
(2) The increase in such carryover value, if any, between
the second preceding tax year and the preceding tax year as used in
calculating the percentage reduction under section 319.301 of the Revised Code.
(B) For each fiscal year the department of education shall
calculate each school district's recognized valuation in the following
manner:
(1) For a school district located in a county in which a reappraisal or
triennial update occurred in the preceding tax year, the recognized valuation
equals the district's total taxable value for the preceding tax year minus
two-thirds times the increase in the carryover value from the second preceding
tax year to the preceding tax year.
(2) For a school district located in a county in which a reappraisal or
triennial update occurred in the second preceding tax year, the recognized
valuation equals the district's total taxable value for the preceding tax year
minus one-third times the increase in the carryover value from the third
preceding tax year to the second preceding tax year.
(3) For a school district located in a county in which a reappraisal or
triennial update occurred in the third preceding tax year, the recognized
valuation equals the district's total taxable value for the preceding tax
year.
Sec. 3317.016. In addition to its form SF-3, or any successor to that form, the department of education shall publish on its web site a spreadsheet for each school district that specifies the constituent components of the district's "building blocks" funds, as follows:
(A) For compensation of base classroom teachers, as described in division (B)(1) of section 3317.012 of the Revised Code, each spreadsheet shall specify the district's aggregate and per pupil amounts of state funds and of combined state and local funds, the average compensation decided by the general assembly for base classroom teachers, as specified in that division, and the number of base classroom teachers attributable to the district based on the student-teacher ratio decided by the general assembly, as specified in that division.
(B) Each spreadsheet shall specify the district's aggregate and per pupil amounts of state funds and of combined state and local funds for each of the following:
(1) Other personnel support, as described in division (B)(2) of section 3317.012 of the Revised Code;
(2) Nonpersonnel support, as described in division (B)(3) of that section;
(3) Academic intervention services, as described in division (C)(1) of that section;
(4) Professional development, as described in division (C)(2) of that section;
(5) Data-based decision making, as described in division (C)(3) of that section;
(6) Professional development for data-based decision making, as described in division (C)(4) of that section.
(C) Each spreadsheet shall separately specify the district's aggregate and per pupil state funds for each of the following components of poverty-based assistance under section 3317.029 of the Revised Code:
(1) Poverty-based assistance guarantee payment under division (B) of that section;
(2) Academic intervention funding under division (C) of that section;
(3)(2) All-day kindergarten under division (D) of that section;
(4) Class-size reduction (3) Increased classroom learning opportunities under division (E) of that section;
(5)(4) Services to limited English proficient students under division (F) of that section;
(6)(5) Professional development, under division (G) of that section;
(7)(6) Dropout prevention under division (H) of that section;
(8)(7) Community outreach under division (I) of that section;
(8) Assistance in closing the achievement gap under division (K) of that section.
Sec. 3317.017. (A) Not later than July 1, 2006, the superintendent of public instruction shall adopt a rule under which the superintendent may issue an order with respect to the spending, by a school district declared to be under an academic watch or in a state of academic emergency under section 3302.03 of the Revised Code, of the following state building block funds intended to pay instructional-related costs:
(1) State funds for compensation of base classroom teachers, as described in division (B)(1) of section 3317.012 of the Revised Code;
(2) State funds for academic intervention services under division (C)(1) of section 3317.012 and division (C) of section 3317.029 of the Revised Code;
(3) State funds for professional development under divisions (C)(2) and (4) of section 3317.012 and division (G) of section 3317.029 of the Revised Code;
(4) State funds for data based decision making under division (C)(3) of section 3317.012 of the Revised Code;
(5) The poverty-based assistance guarantee payment under division (B) of section 3317.029 of the Revised Code;
(6) State funds for all-day kindergarten under division (D) of section 3317.029 of the Revised Code;
(7)(6) State funds for class-size reduction increased classroom learning opportunities under division (E) of section 3317.029 of the Revised Code;
(8)(7) State funds for services to limited English proficient students under division (F) of section 3317.029 of the Revised Code;
(9)(8) State funds for dropout prevention under division (H) of section 3317.029 of the Revised Code;
(10)(9) State funds for community outreach under division (I) of section 3317.029 of the Revised Code;
(10) State funds for assistance in closing the achievement gap under division (K) of section 3317.029 of the Revised Code.
(B) The rule shall authorize the superintendent of public instruction to issue an order that does one or a combination of the following:
(1) Requires the school district to periodically report to the superintendent of public instruction on its spending of the state funds paid for each building blocks component described in divisions (A)(1) to (10) of this section;
(2) Requires the district to establish a separate account for each of the building blocks components described in divisions (A)(1) to (10) of this section to which the district shall credit the state funds paid for each;
(3) Directs the district's spending of any or all of the state funds paid for the components described in divisions (A)(1) to (10) of this section in accordance with the descriptions and requirements of sections 3317.012 and 3317.029 of the Revised Code.
(C) The rule shall specify situations in which the superintendent may issue an order and the types of orders the superintendent will issue for each of those situations. The rule, however, shall authorize the superintendent to issue orders in situations that are not enumerated or described in the rule.
(D) The board of education of each school district to which the superintendent of public instruction issues an order pursuant to the rule adopted under this section shall comply with that order.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in division (B)(4) of section 3317.012 of the
Revised Code.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
three,
four, five, or six
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM.
(D)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the final number verified by the superintendent of public instruction, based on the number reported pursuant to
division
(A) of section 3317.03 of the Revised Code, and as adjusted, if so ordered, under division (K) of that section. "Formula ADM" means, for a joint
vocational school district, the final number verified by the superintendent of public instruction, based on the number reported pursuant to
division
(D) of section 3317.03 of the Revised Code. Beginning in fiscal year 2007, for payments in which formula ADM is a factor, the formula ADM for each school district for the fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year, as adjusted, if so ordered, under division (K) of that section.
(E)
"Three-year average formula ADM" means the average of
formula ADMs for the
current and preceding two three fiscal years.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of handicapped children with disabilities receiving
special
education services for
the handicap
disability specified in
division (A)
of
section 3317.013 of the
Revised Code and reported
under
division
(B)(5) or
(D)(2)(b) of section 3317.03 of the
Revised
Code. Beginning in fiscal year 2007, the district's category one special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(2)
"Category two
special education ADM" means
the average
daily membership of handicapped children with disabilities receiving
special
education services for those handicaps disabilities specified in
division (B)
of section 3317.013 of the Revised Code and reported under
division (B)(6) or (D)(2)(c) of section 3317.03 of
the Revised
Code. Beginning in fiscal year 2007, the district's category two special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
those handicaps disabilities specified in division (C) of section 3317.013
of the Revised Code, and
reported
under division
(B)(7) or
(D)(2)(d) of section 3317.03 of
the
Revised Code. Beginning in fiscal year 2007, the district's category three special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(4)
"Category four special
education ADM" means the average
daily membership of students
receiving special education services
for those handicaps disabilities specified
in division (D) of section 3317.013
of the Revised Code and
reported under division (B)(8) or
(D)(2)(e) of section 3317.03 of
the Revised Code. Beginning in fiscal year 2007, the district's category four special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the handicap disabilities specified in division (E) of section 3317.013
of
the Revised Code and reported under division (B)(9) or
(D)(2)(f)
of section 3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category five special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the handicap disabilities specified in division (F) of section 3317.013
of
the Revised Code and reported under division (B)(10) or
(D)(2)(g)
of section 3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category six special education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(7) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(11) or
(D)(2)(h)
of
section 3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category one vocational education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(8)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(12) or
(D)(2)(i) of
section
3317.03 of the Revised Code. Beginning in fiscal year 2007, the district's category two vocational education ADM for a fiscal year is the sum of one-half of the number reported for October of that fiscal year plus one-half of the average of the numbers reported for October and February of that fiscal year.
(G)
"Handicapped preschool Preschool child with a disability" means a
handicapped child with a disability,
as defined in section 3323.01 of the
Revised Code, who is at least
age three
but is not of compulsory school age, as defined in
section
3321.01 of the Revised Code, and who is not currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(13) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N) "Cost-of-doing-business factor" means the amount
indicated in division (N)(1) or (2) of this section for the county in which a city,
local,
exempted village, or joint vocational school district is located.
If a
city, local, or exempted village school
district is located
in
more than one county,
the factor is the amount indicated for
the
county to which the
district is assigned by the state
department
of education. If a joint
vocational school district is
located in
more than one county, the factor is
the amount
indicated for the
county in which the joint vocational school with
the greatest
formula ADM operated by the district is
located.
(1) In fiscal year 2006, the cost-of-doing-business factor for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.00233 |
|
Allen |
1.01373 |
|
Ashland |
1.01980 |
|
Ashtabula |
1.02647 |
|
Athens |
1.00093 |
|
Auglaize |
1.01647 |
|
Belmont |
1.00427 |
|
Brown |
1.01180 |
|
Butler |
1.04307 |
|
Carroll |
1.00913 |
|
Champaign |
1.02973 |
|
Clark |
1.02980 |
|
Clermont |
1.03607 |
|
Clinton |
1.02193 |
|
Columbiana |
1.01427 |
|
Coshocton |
1.01153 |
|
Crawford |
1.01093 |
|
Cuyahoga |
1.04173 |
|
Darke |
1.02253 |
|
Defiance |
1.00973 |
|
Delaware |
1.03520 |
|
Erie |
1.02587 |
|
Fairfield |
1.02440 |
|
Fayette |
1.02127 |
|
Franklin |
1.04053 |
|
Fulton |
1.0220 |
|
Gallia |
1.00000 |
|
Geauga |
1.03340 |
|
Greene |
1.02960 |
|
Guernsey |
1.00440 |
|
Hamilton |
1.05000 |
|
Hancock |
1.01433 |
|
Hardin |
1.02373 |
|
Harrison |
1.00493 |
|
Henry |
1.02120 |
|
Highland |
1.00987 |
|
Hocking |
1.01253 |
|
Holmes |
1.01187 |
|
Huron |
1.01953 |
|
Jackson |
1.00920 |
|
Jefferson |
1.00487 |
|
Knox |
1.01860 |
|
Lake |
1.03493 |
|
Lawrence |
1.00540 |
|
Licking |
1.02540 |
|
Logan |
1.02567 |
|
Lorain |
1.03433 |
|
Lucas |
1.02600 |
|
Madison |
1.03253 |
|
Mahoning |
1.02307 |
|
Marion |
1.02040 |
|
Medina |
1.03573 |
|
Meigs |
1.00173 |
|
Mercer |
1.01353 |
|
Miami |
1.02740 |
|
Monroe |
1.00333 |
|
Montgomery |
1.03020 |
|
Morgan |
1.00593 |
|
Morrow |
1.02007 |
|
Muskingum |
1.00847 |
|
Noble |
1.00487 |
|
Ottawa |
1.03240 |
|
Paulding |
1.00767 |
|
Perry |
1.01067 |
|
Pickaway |
1.02607 |
|
Pike |
1.00687 |
|
Portage |
1.03147 |
|
Preble |
1.02947 |
|
Putnam |
1.01440 |
|
Richland |
1.01327 |
|
Ross |
1.01007 |
|
Sandusky |
1.02140 |
|
Scioto |
1.00080 |
|
Seneca |
1.01487 |
|
Shelby |
1.01853 |
|
Stark |
1.01700 |
|
Summit |
1.03613 |
|
Trumbull |
1.02340 |
|
Tuscarawas |
1.00593 |
|
Union |
1.03333 |
|
Van Wert |
1.00887 |
|
Vinton |
1.00633 |
|
Warren |
1.04387 |
|
Washington |
1.00400 |
|
Wayne |
1.02320 |
|
Williams |
1.01520 |
|
Wood |
1.02400 |
|
Wyandot |
1.01140 |
(2) In fiscal year 2007, the cost-of-doing-business factor for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.00117 |
|
Allen |
1.00687 |
|
Ashland |
1.00990 |
|
Ashtabula |
1.01323 |
|
Athens |
1.00047 |
|
Auglaize |
1.00823 |
|
Belmont |
1.00213 |
|
Brown |
1.00590 |
|
Butler |
1.02153 |
|
Carroll |
1.00457 |
|
Champaign |
1.01487 |
|
Clark |
1.01490 |
|
Clermont |
1.01803 |
|
Clinton |
1.01097 |
|
Columbiana |
1.00713 |
|
Coshocton |
1.00577 |
|
Crawford |
1.00547 |
|
Cuyahoga |
1.02087 |
|
Darke |
1.01127 |
|
Defiance |
1.00487 |
|
Delaware |
1.01760 |
|
Erie |
1.01293 |
|
Fairfield |
1.01220 |
|
Fayette |
1.01063 |
|
Franklin |
1.02027 |
|
Fulton |
1.01100 |
|
Gallia |
1.00000 |
|
Geauga |
1.01670 |
|
Greene |
1.01480 |
|
Guernsey |
1.00220 |
|
Hamilton |
1.02500 |
|
Hancock |
1.00717 |
|
Hardin |
1.01187 |
|
Harrison |
1.00247 |
|
Henry |
1.01060 |
|
Highland |
1.00493 |
|
Hocking |
1.00627 |
|
Holmes |
1.00593 |
|
Huron |
1.00977 |
|
Jackson |
1.00460 |
|
Jefferson |
1.00243 |
|
Knox |
1.00930 |
|
Lake |
1.01747 |
|
Lawrence |
1.00270 |
|
Licking |
1.01270 |
|
Logan |
1.01283 |
|
Lorain |
1.01717 |
|
Lucas |
1.01300 |
|
Madison |
1.01627 |
|
Mahoning |
1.01153 |
|
Marion |
1.01020 |
|
Medina |
1.01787 |
|
Meigs |
1.00087 |
|
Mercer |
1.00677 |
|
Miami |
1.01370 |
|
Monroe |
1.00167 |
|
Montgomery |
1.01510 |
|
Morgan |
1.00297 |
|
Morrow |
1.01003 |
|
Muskingum |
1.00423 |
|
Noble |
1.00243 |
|
Ottawa |
1.01620 |
|
Paulding |
1.00383 |
|
Perry |
1.00533 |
|
Pickaway |
1.01303 |
|
Pike |
1.00343 |
|
Portage |
1.01573 |
|
Preble |
1.01473 |
|
Putnam |
1.00720 |
|
Richland |
1.00663 |
|
Ross |
1.00503 |
|
Sandusky |
1.01070 |
|
Scioto |
1.00040 |
|
Seneca |
1.00743 |
|
Shelby |
1.00927 |
|
Stark |
1.00850 |
|
Summit |
1.01807 |
|
Trumbull |
1.01170 |
|
Tuscarawas |
1.00297 |
|
Union |
1.01667 |
|
Van Wert |
1.00443 |
|
Vinton |
1.00317 |
|
Warren |
1.02193 |
|
Washington |
1.00200 |
|
Wayne |
1.01160 |
|
Williams |
1.00760 |
|
Wood |
1.01200 |
|
Wyandot |
1.00570 |
(O)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(P)(O)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(Q)(P)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or before the
first
day of July of each year, the tax commissioner shall certify
to the
department of education and the office of budget and management for each city, exempted village,
and local school
district the median Ohio adjusted gross income of
the residents of
the school district determined on the basis of
tax returns filed for the
second preceding tax year by the
residents of the district.
(R)(Q)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)(R)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(T)(S)
"Medically fragile
child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse
on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(U)(T) A child may be identified as having an "other health
handicapped-major impairment-major" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
July 1, 2001, and if either of the following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(V)(U) A child may be identified as having an "other health
handicapped-minor impairment-minor" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
July 1, 2001, but the child's condition does not meet
either of the
conditions specified in division (U)(T)(1) or (2) of
this section.
(W) "SF-3 payment" means the sum of the payments to a school district in a fiscal year under divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022, divisions (G), (L), and (N) of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after making the adjustments required by sections 3313.981 and 3313.979 of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of section 3317.023, and division (C) of section 3317.20 (V) "State education aid" has the same meaning as in section 5751.20 of the Revised Code.
(X)(W) "Property exemption value" means zero in fiscal year 2006, and in fiscal year 2007 and each fiscal year thereafter, the amount certified for a school district under divisions (A)(6) and (7) of section 3317.021 of the Revised Code.
(X) "Internet- or computer-based community school" has the same meaning as in section 3314.02 of the Revised Code.
Sec. 3317.021. (A) On or before the first day of June of
each year, the tax commissioner shall certify to the department
of
education and the office of budget and management the information described in divisions (A)(1) to (8) of this section for each city, exempted
village, and local school district, and the information required
by divisions (A)(1) and (2) of this section for each joint
vocational school district, and it shall be used, along with the
information certified under division (B) of this section, in
making the computations for the district under
sections
3317.022, 3317.0216,
and 3317.0217 or
section 3317.16 of the Revised Code.
(1) The taxable value of real and public utility real
property in the school district subject to taxation in the
preceding tax year, by class and by county of location.
(2) The taxable value of tangible personal property,
including public utility personal property, subject to taxation
by
the district for the preceding tax year.
(3)(a) The total property tax rate and total taxes charged
and payable for the current expenses for the preceding tax year
and the total property tax rate and the total taxes charged and
payable to a joint vocational district for the preceding tax year
that are limited to or to the extent apportioned to current
expenses.
(b) The portion of the amount of taxes charged and payable
reported for each city, local, and exempted village school
district under
division (A)(3)(a) of this section attributable to
a
joint vocational school district.
(4) The value of all real and public utility real property
in the school district exempted from taxation minus both of the
following:
(a) The value of real and public utility real property in
the district owned by the United States government and used
exclusively for a public purpose;
(b) The value of real and public utility real property in
the district exempted from taxation under Chapter 725. or 1728. or
section
3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,
5709.73, or 5709.78 of
the Revised Code.
(5) The total
federal adjusted gross income of the
residents
of the school
district, based on tax returns filed by
the
residents of the
district, for the most recent year for which
this
information is
available.
(6) The sum of the school district compensation value as indicated on the list of exempted property for the preceding tax year under section 5713.08 of the Revised Code as if such property had been assessed for taxation that year and the other compensation value for the school district, minus the amounts described in divisions (A)(6)(c) to (i) of this section. The portion of school district compensation value or other compensation value attributable to an incentive district exemption may be subtracted only once even if that incentive district satisfies more than one of the criteria in divisions (A)(6)(c) to (i) of this section.
(a) "School district compensation value" means the aggregate value of real property in the school district exempted from taxation pursuant to an ordinance or resolution adopted under division (C) of section 5709.40, division (C) of section 5709.73, or division (B) of section 5709.78 of the Revised Code to the extent that the exempted value results in the charging of payments in lieu of taxes required to be paid to the school district under division (D)(1) or (2) of section 5709.40, division (D) of section 5709.73, or division (C) of section 5709.78 of the Revised Code.
(b) "Other compensation value" means the quotient that results from dividing (i) the dollar value of compensation received by the school district during the preceding tax year pursuant to division (B), (C), or (D) of section 5709.82 of the Revised Code and the amounts received pursuant to an agreement as specified in division (D)(2) of section 5709.40, division (D) of section 5709.73, or division (C) of section 5709.78 of the Revised Code to the extent those amounts were not previously reported or included in division (A)(6)(a) of this section, and so that any such amount is reported only once under division (A)(6)(b) of this section, in relation to exemptions from taxation granted pursuant to an ordinance or resolution adopted under division (C) of section 5709.40, division (C) of section 5709.73, or division (B) of section 5709.78 of the Revised Code, by (ii) the real property tax rate in effect for the preceding tax year for nonresidential/agricultural real property after making the reductions required by section 319.301 of the Revised Code.
(c) The portion of school district compensation value or other compensation value that was exempted from taxation pursuant to such an ordinance or resolution for the preceding tax year, if the ordinance or resolution is adopted prior to January 1, 2006, and the legislative authority or board of township trustees or county commissioners, prior to January 1, 2006, executes a contract or agreement with a developer, whether for-profit or not-for-profit, with respect to the development of a project undertaken or to be undertaken and identified in the ordinance or resolution, and upon which parcels such project is being, or will be, undertaken;
(d) The portion of school district compensation value that was exempted from taxation for the preceding tax year and for which payments in lieu of taxes for the preceding tax year were provided to the school district under division (D)(1) of section 5709.40 of the Revised Code.
(e) The portion of school district compensation value that was exempted from taxation for the preceding tax year pursuant to such an ordinance or resolution, if and to the extent that, on or before April 1, 2006, the fiscal officer of the municipal corporation that adopted the ordinance, or of the township or county that adopted the resolution, certifies and provides appropriate supporting documentation to the tax commissioner and the director of development that, based on hold-harmless provisions in any agreement between the school district and the legislative authority of the municipal corporation, board of township trustees, or board of county commissioners that was entered into on or before June 1, 2005, the ability or obligation of the municipal corporation, township, or county to repay bonds, notes, or other financial obligations issued or entered into prior to January 1, 2006, will be impaired, including obligations to or of any other body corporate and politic with whom the legislative authority of the municipal corporation or board of township trustees or county commissioners has entered into an agreement pertaining to the use of service payments derived from the improvements exempted;
(f) The portion of school district compensation value that was exempted from taxation for the preceding tax year pursuant to such an ordinance or resolution, if the ordinance or resolution is adopted prior to January 1, 2006, in a municipal corporation with a population that exceeds one hundred thousand, as shown by the most recent federal decennial census, that includes a major employment center and that is adjacent to historically distressed neighborhoods, if the legislative authority of the municipal corporation that exempted the property prepares an economic analysis that demonstrates that all taxes generated within the incentive district accruing to the state by reason of improvements constructed within the district during its existence exceed the amount the state pays the school district under section 3317.022 of the Revised Code attributable to such property exemption from the school district's recognized valuation. The analysis shall be submitted to and approved by the department of development prior to January 1, 2006, and the department shall not unreasonably withhold approval.
(g) The portion of school district compensation value that was exempted from taxation for the preceding tax year under such an ordinance or resolution, if the ordinance or resolution is adopted prior to January 1, 2006, and if service payments have been pledged to be used for mixed-use riverfront entertainment development in any county with a population that exceeds six hundred thousand, as shown by the most recent federal decennial census;
(h) The portion of school district compensation value that was exempted from taxation for the preceding tax year under such an ordinance or resolution, if, prior to January 1, 2006, the legislative authority of a municipal corporation, board of township trustees, or board of county commissioners has pledged service payments for a designated transportation capacity project approved by the transportation review advisory council under Chapter 5512. of the Revised Code;
(i) The portion of school district compensation value that was exempted from taxation for the preceding tax year under such an ordinance or resolution if the legislative authority of a municipal corporation, board of township trustees, or board of county commissioners have, by January 1, 2006, pledged proceeds for designated transportation improvement projects that involve federal funds for which the proceeds are used to meet a local share match requirement for such funding.
As used in division (A)(6) of this section, "project" has the same meaning as in section 5709.40 of the Revised Code.
(7) The aggregate value of real property in the school district for which an exemption from taxation is granted by an ordinance or resolution adopted on or after January 1, 2006, under Chapter 725. or 1728., sections 3735.65 to 3735.70, or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised Code, as indicated on the list of exempted property for the preceding tax year under section 5713.08 of the Revised Code and as if such property had been assessed for taxation that year, minus the product determined by multiplying (a) the aggregate value of the real property in the school district exempted from taxation for the preceding tax year under any of the chapters or sections specified in this division, by (b) a fraction, the numerator of which is the difference between (i) the amount of anticipated revenue such school district would have received for the preceding tax year if the real property exempted from taxation had not been exempted from taxation and (ii) the aggregate amount of payments in lieu of taxes on the exempt real property for the preceding tax year and other compensation received for the preceding tax year by the school district pursuant to any agreements entered into on or after January 1, 2006, under section 5709.82 of the Revised Code between the school district and the legislative authority of a political subdivision that acted under the authority of a chapter or statute specified in this division, that were entered into in relation to such exemption, and the denominator of which is the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation had not been exempted.
(8) For each school district receiving payments under division (B) or (C) of section 3317.0216 of the Revised Code during the current fiscal year, as included on the most recent list of such districts sent to the tax commissioner under division (F) of that section, the following:
(a) The portion of the total amount of taxes charged and payable for current expenses certified under division (A)(3)(a) of this section that is attributable to each new levy approved and charged in the preceding tax year and the respective tax rate of each of those new levies;
(b) The portion of the total taxes collected for current expenses under a school district income tax adopted pursuant to section 5748.03 or 5748.08 of the Revised Code, as certified under division (A)(2) of section 3317.08 of the Revised Code, that is attributable to each new school district income tax first effective in the current taxable year or in the preceding taxable year.
(B) On or before the first day of May each year, the tax
commissioner shall certify to the department of education and the office of budget and management the
total taxable real property value of railroads and, separately,
the total taxable tangible personal property value of all public
utilities for the preceding tax year, by school district and by
county of location.
(C) If a public utility has properly and timely filed a
petition for
reassessment under section 5727.47 of the Revised
Code with respect to an assessment issued
under section 5727.23 of
the Revised Code affecting taxable property
apportioned by the tax
commissioner to a school district, the taxable value of public
utility
tangible personal property
included in the certification
under divisions (A)(2) and (B)
of
this section for the school
district shall include only the amount of taxable
value on the
basis of
which the public utility paid tax for the preceding year
as provided in
division (B)(1) or (2)
of section 5727.47 of the
Revised Code.
(D) If on the basis of the information certified under
division (A) of this section, the department determines that any
district fails in any year to meet the qualification requirement
specified in division (A) of section 3317.01 of the Revised Code,
the department shall immediately request the tax commissioner to
determine the extent to which any school district income tax
levied by the district under Chapter 5748. of the Revised Code
shall be included in meeting that requirement. Within five days
of receiving such a request from the department, the tax
commissioner shall make the determination required by this
division and report the quotient obtained under division
(D)(3)
of
this section to the department and the office of budget and management. This quotient represents the
number of mills that the department shall include in determining
whether the district meets the qualification requirement of
division (A) of section 3317.01 of the Revised Code.
The tax commissioner shall make the determination required
by
this division as follows:
(1) Multiply one mill times the total taxable value of the
district as determined in divisions (A)(1) and (2) of this
section;
(2) Estimate the total amount of tax liability for the
current tax year under taxes levied by Chapter 5748. of the
Revised Code that are apportioned to current operating expenses
of
the district;
(3) Divide the amount estimated under division (D)(2) of
this section by the product obtained under division (D)(1)
of
this
section.
(E)(1) On or before June 1, 2006, and the first day of April of each year thereafter, the director of development shall report to the department of education and, the tax commissioner, and the director of budget and management the total amounts of payments received by each city, local, exempted village, or joint vocational school district for the preceding tax year pursuant to division (D) of section 5709.40, division (D) of section 5709.73, division (C) of section 5709.78, or division (B)(1), (B)(2), (C), or (D) of section 5709.82 of the Revised Code in relation to exemptions from taxation granted pursuant to an ordinance adopted by the legislative authority of a municipal corporation under division (C) of section 5709.40 of the Revised Code, or a resolution adopted by a board of township trustees or board of county commissioners under division (C) of section 5709.73 or division (B) of section 5709.78 of the Revised Code, respectively. On or before April 1, 2006, and the first day of March of each year thereafter, the treasurer of each city, local, exempted village, or joint vocational school district that has entered into such an agreement shall report to the director of development the total amounts of such payments the district received for the preceding tax year as provided in this section. The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may suspend or revoke the license of a treasurer found to have willfully reported erroneous, inaccurate, or incomplete data under this division.
(2) On or before April 1, 2007, and the first day of April of each year thereafter, the director of development shall report to the department of education and to, the tax commissioner, and the director of budget and management the total amounts of payments received by each city, local, exempted village, or joint vocational school district for the preceding tax year pursuant to divisions (B), (C), and (D) of section 5709.82 of the Revised Code in relation to exemptions from taxation granted pursuant to ordinances or resolutions adopted on or after January 1, 2006, under Chapter 725. or 1728., sections 3735.65 to 3735.70, or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised Code. On or before March 1, 2007, and the first day of March of each year thereafter, the treasurer of each city, local, exempted village, or joint vocational school district that has entered into such an agreement shall report to the director of development the total amounts of such payments the district received for the preceding tax year as provided by this section. The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may suspend or revoke the license of a treasurer found to have willfully reported erroneous, inaccurate, or incomplete data under this division.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each eligible school
district for the fiscal year,
using
the
information obtained
under section
3317.021 of the Revised
Code in
the calendar year in
which the
fiscal year begins.
(1) Compute, according to the following for each eligible district formula:
{[cost-of-doing-business factor Xthe formula amount X (formula ADM + preschool scholarship ADM)] + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised Code} -[.023 x (the sum of recognized valuation and property exemption value)] +
the amounts calculated for the district undersections 3317.029 and 3317.0217 of the Revised Code
If the difference obtained is a negative number, the
district's computation shall be zero.
(2) Compute both of the following for each school district:
(a) The difference of (i) the district's fiscal year 2005 base cost payment under the version of division (A)(1) of this section in effect in fiscal year 2005, minus (ii) the amount computed for the district for the current fiscal year under current division (A)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal year 2005 formula ADM) X (current year formula ADM + preschool scholarship ADM)] minus the amount computed for the district under current division (A)(1) of this section
If one of the amounts computed under division (A)(2)(a) or (b) of this section is a positive amount, the department shall pay the district that amount in addition to the amount calculated under division (A)(1) of this section. If both amounts are positive amounts, the department shall pay the district the lesser of the two amounts in addition to the amount calculated under division (A)(1) of this section.
(3)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(3)(2)(a) of
this section applies, the
department
shall adjust the recognized
valuation used in
the
calculation
under
division (A)(1) of this
section
by subtracting
from it the amount
calculated under
division (A)(3)(2)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
district's category two
special education
ADM
multiplied by the
multiple
specified
in division
(B) of section
3317.013 of the Revised
Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
(Cost-of-doing-business factor X the formula amount X formula ADM) + the sum of the base funding supplementsprescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised Code +the sum of the amounts calculated for the district undersections 3317.029 and 3317.0217 of the Revised Code
The resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children with disabilities whose
handicaps disabilities are described
in division
(B) of section 3317.013 or division (F)(3) of section
3317.02 of the Revised Code, behavioral intervention,
interpreter
services, work study, nursing services, and
specialized
integrative services as those terms are defined by the department;
(b) Speech and language services provided to any
student
with a handicap disability, including any student whose primary or
only
handicap disability is a speech and language handicap disability;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 3317.024 of the Revised Code;
(e) Any other related service needed by
handicapped children
with disabilities in accordance with their individualized
education plans programs.
(4) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(5) "Preschool scholarship ADM" means the number of handicapped preschool children with disabilities reported under division (B)(3)(h) of section 3317.03 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's state share percentage Xthe formula amount for the year for whichthe aid is calculated X the district'stotal special education weight
(2)
The
attributed local share of special education and
related services additional
weighted costs equals:
(1 - the district's state share percentage) X the district'stotal special education weight X the formula amount
(3)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
categories two through six special
education ADM. If
a district's
costs for the fiscal year for a
student in its
categories two through six
special
education ADM
exceed the
threshold catastrophic cost for serving the student,
the
district
may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the
district's costs for the
student in excess of
the threshold catastrophic cost multiplied
by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM, twenty-five thousand
dollars in fiscal year 2002, twenty-five thousand seven hundred
dollars in fiscal years 2003, 2004, and 2005, and twenty-six thousand five hundred dollars in fiscal years 2006 and 2007 twenty-seven thousand three hundred seventy-five dollars in fiscal years 2008 and 2009;
(ii) For a student in the district's category six special
education ADM, thirty thousand dollars in fiscal year 2002,
thirty thousand eight hundred forty dollars in fiscal years 2003, 2004, and 2005, and thirty-one thousand eight hundred dollars in fiscal years 2006 and 2007 thirty-two thousand eight hundred fifty dollars in fiscal years 2008 and 2009.
(c) The district shall only report
under division (C)(3)(a)
of this section, and the department shall only
pay
for, the
costs
of educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(4)(a) As used in this division, the "personnel
allowance"
means
thirty
thousand dollars
in fiscal
years 2002, 2003, 2004, 2005, 2006, and 2007 2008 and 2009.
(b) For the provision of speech language pathology services to students,
including students
who do
not have
individualized education
programs prepared for
them under
Chapter
3323. of the Revised
Code, and for
no
other purpose, the department of education shall
pay each
school district an
amount calculated under the following
formula:
(formula ADM divided by 2000) X
the personnel allowance X the state share percentage
(5) In any fiscal year, a school district
shall spend
for
purposes that the department designates as approved for
special
education
and related services
expenses
at least the amount
calculated
as follows:
(cost-of-doing-business factor Xformula amount X
the sum of categoriesone through six special education ADM) +(total special education weight X formula amount)
The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of handicapped children with disabilities, compliance with state
rules governing the education of handicapped children with disabilities and
prescribing the continuum of program options for handicapped
children with disabilities, provision of speech language pathology services, and the portion of the school district's overall
administrative and overhead costs that are attributable to the
district's special education student population.
The scholarships deducted from the school district's account under section 3310.41 or 3310.55 of the Revised Code shall be considered to be an approved special education and related services expense for the purpose of the school district's compliance with division (C)(5) of this section.
The department shall require school districts to report data
annually to allow for monitoring compliance with division (C)(5)
of this section. The department shall annually report to the
governor and the general assembly the amount of money spent by
each school district for special education and related services.
(6) In any fiscal year, a school district shall spend for the provision of speech language pathology services not less than the sum of the amount calculated under division (C)(1) of this section for the students in the district's category one special education ADM and the amount calculated under division (C)(4) of this section.
The scholarships deducted from the school district's account under section 3310.55 of the Revised Code for students counted in the district's category one special education ADM shall be considered to be an approved speech language pathology services expense for the purpose of the school district's compliance with division (C)(6) of this section.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in preschool handicapped units, plus the
number
of nonpublic school students included in transportation
ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted in a
finding that an average efficient transportation use
cost per student
can be calculated by means of a regression
formula that has as its two
independent variables the number of
daily bus miles per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
2000 |
|
52.5% |
|
2001 |
|
55% |
|
2002 |
|
57.5% |
|
2003 and thereafter |
|
The greater of 60%
or the district's state share percentage |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles) X density multiplier
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road
percentage -county rough road percentage)/(maximum rough road
percentage - statewide rough road percentage)]}
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance
with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)]
(i) "Minimum student density" means the lowest district
student
density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5) of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (G) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses. Vocational educational expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding received under division (E)(1) of this section may be spent.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X the formula amount X
the sum of categories one and two vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
(F) The actual local share in
any fiscal year for the
combination of special education and
related services additional
weighted costs funding calculated
under division (C)(1) of this
section, transportation funding
calculated under divisions (D)(2)
and (3) of this section, and
vocational education and associated
services additional weighted
costs funding calculated under
divisions (E)(1) and (2) of this
section shall not exceed for any
school district the product of
three and three-tenths mills times the district's
recognized valuation. The department annually shall pay
each
school
district as an excess cost supplement any amount by
which
the sum
of the district's attributed local shares for that
funding
exceeds
that product. For purposes of calculating the
excess cost
supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(2) of this section.
(2) The attributed local share of transportation funding
equals the difference of the total amount calculated for the
district using the formula developed under division (D)(2) of this
section minus the actual amount paid to the district after
applying the percentage specified in division (D)(3) of this
section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
(1 - state share percentage) X [(total vocational education weight X the formula amount) + the payment under division (E)(2) of this section]
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the amounts required to be paid to a district
under
this chapter shall be adjusted by the amount
of the computations
made under divisions (B) to
(O)(P) of this
section.
(1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental teachers contracts.
(4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(6), (7), (8),
(9), (10), (11),
or (12) of
that
section who are enrolled
in a vocational education
class or
receiving special education;
and minus twenty per cent of the
students
enrolled concurrently in a joint
vocational school
district.
(5)
"State share percentage"
has the same
meaning
as in
section
3317.022
of the Revised Code.
(6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group.
(7)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by seven hundred
fifty-two dollars.
(C) If a positive amount, add one-half of the amount
obtained by multiplying the number of full-time equivalent
classroom teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section.
The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted
village school district to which a governing board of
an
educational service center provides services
pursuant to section
3313.843 of the Revised
Code, deduct the amount of the payment
required for the
reimbursement of the governing board under
section 3317.11 of the Revised
Code.
(F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (J) of
section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible.
(G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 of the Revised
Code.
(H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments.
(I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments.
(J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis both of the following:
(a) An amount equal to the greater of the following:
(i) The fiscal year 2005 formula amount times the fiscal year 2005 cost of
doing
business factor of the school district where the student is
entitled to attend
school pursuant to section 3313.64 or 3313.65
of the Revised
Code;
(ii) The sum of (the current formula amount times the current cost-of-doing-business factor of the school district when the student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(b) An amount equal to the current formula amount times the state
share
percentage times any multiple applicable to the student
pursuant to section
3317.013 or 3317.014 of the Revised Code.
(2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the student is
entitled to attend school pursuant to section
3313.64 or 3313.65 of the
Revised Code.
(3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code.
(L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code.
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
(M) If the department pays a joint vocational school district under division (G)(4) of section 3317.16 of the Revised Code for excess costs of providing special education and related services to a handicapped student with a disability, as calculated under division (G)(2) of that section, the department shall deduct the amount of that payment from the city, local, or exempted village school district that is responsible as specified in that section for the excess costs.
(N)(1) If the district reports an amount of excess cost for special education services for a child under division (C) of section 3323.14 of the Revised Code, the department shall pay that amount to the district.
(2) If the district reports an amount of excess cost for special education services for a child under division (C) of section 3323.14 of the Revised Code, the department shall deduct that amount from the district of residence of that child.
(O) If the department of job and family services presents to the department of education a payment request through an intrastate transfer voucher for the nonfederal share of reimbursements made to a school district for medicaid services provided by the district, the department of education shall pay the amount of that request to the department of job and family services and shall deduct the amount of that payment from the district.
(P) If the department is required to pay an amount under section 3353.25 of the Revised Code to a school district delivering a course included in the clearinghouse established under section 3353.21 of the Revised Code for a student enrolled in a school district, the department shall deduct that amount from the school district in which the student is enrolled.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(I),
(K), (L), and (N) of this
section shall be
distributed to school districts meeting
the requirements of
section 3317.01 of the Revised Code;
in the case of divisions (G)
and (L) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (D) and (J) of this section, to
county MR/DD
boards; in the case of division (N)
of this section,
to joint
vocational school districts; in the
case of division (H) of this
section, to
cooperative education school districts; and in the
case of division (M) of
this section, to the institutions defined
under section 3317.082 of the
Revised Code providing elementary or
secondary education programs to children
other than children
receiving special education under section 3323.091 of the
Revised
Code. The following shall be distributed monthly, quarterly, or
annually as may be determined by the state board of education:
(A) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(B) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(C) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(D) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(E) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(F) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(G) An amount for the approved cost of transporting
eligible pupils with disabilities attending a special education program approved by the department of education whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(H) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(I) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(J) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code;
(K) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(L) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(M) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(N) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$47,555 in fiscal
years 2004, 2005, 2006, and 2007 2008 and 2009.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.025. On or before the first day of June of each
year, the tax commissioner shall certify the following
information
to the department of education and the office of budget and management, for each school
district in which
the value of the property described under
division (A) of this
section exceeds one per cent of the taxable
value of all real and
tangible personal property in the district
or in which is located
tangible personal property designed for
use or used in strip
mining operations, whose taxable value
exceeds five million
dollars, and the taxes upon which the
district is precluded from
collecting by virtue of legal
proceedings to determine the value
of such property:
(A) The total taxable value of all property in the
district
owned by a public utility or railroad that has filed a
petition
for reorganization under the "Bankruptcy Act," 47 Stat.
1474
(1898), 11 U.S.C. 205, as amended, and all tangible personal
property in the district designed for use or used in strip mining
operations whose taxable value exceeds five million dollars upon
which have not been paid in full on or before the first day of
April of that calendar year all real and tangible personal
property taxes levied for the preceding calendar year and which
the district was precluded from collecting by virtue of
proceedings under section 205 of said act or by virtue of legal
proceedings to determine the tax liability of such strip mining
equipment;
(B) The percentage of the total operating taxes charged
and
payable for school district purposes levied against such
valuation
for the preceding calendar year
that have not been
paid by
such
date;
(C) The product obtained by multiplying the value
certified
under division (A) of this section by the percentage
certified
under
division (B) of this section. If the value certified under
division (A) of this section includes taxable property owned by a
public utility or railroad that has filed a petition for
reorganization under the bankruptcy act, the amount used in
making
the calculation under this division shall be reduced by
one per
cent of the total value of all real and tangible personal
property
in the district or the value of the utility's
or railroad's
property, whichever is less.
Upon receipt of the certification, the department shall
recompute the payments required under section 3317.022
of the
Revised Code in the manner the payments would
have been computed
if:
(1) The amount certified under division (C) of this
section
was not subject to taxation by the district and was not
included
in the certification made under division (A)(1), (A)(2), or
(D) of
section 3317.021 of the Revised Code.
(2) The amount of taxes charged and payable and unpaid and
used to make the computation under division (B) of this section
had not been levied and had not been used in the computation
required by division (B) of section 3317.021 of the Revised Code.
The department shall pay the district that amount in the ensuing
fiscal year in lieu of the amounts computed under
section
3317.022
of the Revised Code.
If a school district received a grant from the catastrophic
expenditures account pursuant to division (C) of section 3316.20
of the Revised Code on the basis of the same circumstances for
which a recomputation is made under this section, the amount of
the recomputation shall be reduced and transferred in accordance
with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.026. (A) As used in this section,
"refunded
taxes" means taxes charged and payable from
real and tangible
personal property, including public utility
property, that have
been found to have been overpaid as the
result of reductions in
the taxable value of such property and that
have been refunded,
including any interest or penalty refunded
with those taxes. If
taxes are refunded over a period of time pursuant to
division
(B)(2), (3), or (4) of section 319.36 or division (C) of
section
5727.471 of the Revised Code,
the total amount of taxes required
to be refunded, excluding any interest
accruing after the day the
undertaking is entered into, shall be considered to
have been
refunded on the day the first portion of the overpayment is paid
or
credited.
(B) Not later than the last day of February each year,
each
county auditor shall certify to the tax commissioner, for
each
school district in the county, the amount of refunded taxes
refunded
in the preceding calendar year and the reductions in
taxable value that
resulted in those refunds, except for
reductions in taxable value that
previously have been reported to
the tax commissioner on an
abstract. If the tax commissioner
determines that
the amount of refunded taxes certified for a
school district
exceeds three per cent of the total taxes charged
and payable for current
expenses of the school district for the
calendar year in which those taxes
were refunded, the tax
commissioner shall certify the
reductions in taxable value that
resulted in those refunds on or before the
first day of June to
the department of education and the office of budget and management. Upon receiving the
certification by
the tax commissioner, the department of
education shall reduce the
total taxable value of the school
district, as defined in section
3317.02 of the
Revised Code, by the total amount of the
reductions
in taxable value that resulted in those refunds for the purpose of
computing the SF-3 payment state education aid for
the school district for the current
fiscal year. The
increase in the
amount of such aid resulting from the adjustment
required by
this section shall be paid to the school district on
or before
the thirty-first day of July of
the following fiscal year. The payment date shall be determined by the director of budget and management. The director shall select a payment date that is not earlier than the first day of June of the current fiscal year and not later than the thirty-first day of July of the following fiscal year. The department of education shall not pay the district under this section prior to approval by the director of budget and management to make that payment.
If an adjustment is
made under this
division in
the
amount
of state aid paid to a
school district, the tax value
reductions
from which that
adjustment results shall not be used in
recomputing aid to a
school district under section 3317.027 of the
Revised Code.
(C) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which an adjustment is made under this section,
the amount of the adjustment shall be reduced and transferred in
accordance with division (C) of section 3316.20 of the Revised
Code.
(D) Not later than the first day of June each year, the tax
commissioner shall certify to the department of education and the office of budget and management for
each
school district the total of the increases in taxable value
above
the amount of taxable value on which tax was paid, as
provided in
division (B)(1) or (2) of section 5727.47 of the
Revised Code, as
determined by the commissioner, and for which a
notification was
sent pursuant to section 5727.471 of the Revised
Code, in the
preceding calendar year.
Upon receiving the
certification, the
department shall increase
the total taxable
value, as defined in
section 3317.02 of the
Revised Code, of the
school district by the
total amount of the
increase in taxable
value certified by the
commissioner for
the
school district for
the purpose of computing
the school
district's
SF-3 payment state education aid for the
following fiscal year.
Sec. 3317.027. On or before the fifteenth day of May of
each
year, the tax commissioner shall certify to the department
of
education and the office of budget and management:
(A) The amount by which applications filed under section
5713.38 of the Revised Code or complaints filed under section
5715.19 of the Revised Code resulted in a reduction in the second
preceding year's taxable value in each school district in which
such a reduction occurred, and the amount by which such reduction
reduced the district's taxes charged and payable for such year;
and
(B) The taxes charged and payable for the second preceding
tax year that were remitted under section 5713.081 of the Revised
Code and the taxable value against which such taxes were imposed.
Upon receipt of such certifications, the department shall
recompute the district's SF-3 payment state education aid and determine the amount that the SF-3 payment state education aid
would have
been paid had the taxable value not been used in the
computation
made under division (A)(1) of section 3317.021 of the
Revised Code
and
had the taxes charged and payable not been included
in the
certification made under division (A)(3) of such section. The
department shall calculate the amount that the remainder of the fiscal year's
payments should have been for the fiscal year
including the amount of the SF-3 payment state education aid as recomputed. The increase or decrease in the amount of aid resulting from the adjustment required under this section shall be paid to the school district on or before the thirty-first day of July of the following fiscal year. The payment date shall be determined by the director of budget and management. The director shall select a payment date that is not earlier than the first day of June of the current fiscal year and not later than the thirty-first day of July of the following fiscal year. The department of education shall not pay the district under this section prior to approval by the director of budget and management to make that payment.
If a school district received a grant from the catastrophic
expenditures account pursuant to division (C) of section 3316.20
of the Revised Code on the basis of the same circumstances for
which a recomputation is made under this section, the amount of
the recomputation shall be reduced and transferred in accordance
with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.028. (A) On or before the fifteenth day of May in
each calendar year prior to calendar year 2007, the tax commissioner shall determine for each
school district whether the taxable value of all tangible
personal
property, including utility tangible personal property,
subject to
taxation by the district in the preceding tax year was
less or
greater than the taxable value of such property during
the second
preceding tax year. If any such decrease exceeds five
per cent of
the district's tangible personal property taxable
value included
in the total taxable value used in computing the district's
SF-3 payment state education aid for the fiscal year that ends in the
current calendar
year, or if any such increase exceeds five per
cent of the
district's total taxable value used in computing the district's
SF-3 payment state education aid for the fiscal year that ends in the
current calendar
year, the tax commissioner shall certify both of the
following to
the
department of education and the office of budget and management:
(1) The taxable value of the tangible personal property
increase or decrease, including utility tangible personal
property
increase or decrease, which shall be considered a change
in
valuation;
(2) The decrease or increase in taxes charged and payable
on
such change in taxable value calculated in the same manner as
in
division (A)(3) of section 3317.021 of the Revised Code.
(B) On or before May 15, 2007, and the fifteenth day of May in each calendar year thereafter, the tax commissioner shall determine for each school district whether the taxable value of all utility tangible personal property subject to taxation by the district in the preceding tax year was less or greater than the taxable value of such property during the second preceding tax year. If any decrease exceeds five per cent of the district's tangible personal property taxable value included in the total taxable value used in the district's state aid computation for the fiscal year that ends in the current calendar year, or if any increase exceeds five per cent of the district's total taxable value used in the district's state education aid computation for the fiscal year that ends in the current calendar year, the tax commissioner shall certify both of the following to the department of education and the office of budget and management:
(1) The taxable value of the utility tangible personal property increase or decrease, which shall be considered a change in valuation;
(2) The decrease or increase in taxes charged and payable on such change in taxable value calculated in the same manner as in division (A)(3) of section 3317.021 of the Revised Code.
(C) Upon receipt of a certification specified in this section, the department of
education shall reduce or increase by the respective amounts
certified and the taxable value and the taxes charged and payable
that were used in computing the district's SF-3 payment state education aid for the fiscal
year that ends
in the current calendar year and shall recompute
the SF-3 payment state education aid for
such fiscal year. The department shall pay the district a sum
equal to one-half of
the recomputed payments in lieu of the
payments otherwise required
under that section on or before the thirty-first day of July of the following fiscal year to or deduct from the district an amount equal to one-half of the difference between the district's state education aid prior to the recomputation under this section and the district's recomputed state education aid. The payment date shall be determined by the director of budget and management. The director shall select a payment date that is not earlier than the first day of June of the current fiscal year and not later than the thirty-first day of July of the following fiscal year. The department of education shall not pay the district under this section prior to approval by the director of budget and management to make that payment.
(D) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which a recomputation is made under this
section, the amount of the recomputation shall be reduced and
transferred in accordance with division (C) of section 3316.20 of
the Revised Code.
Sec. 3317.029. (A) As used in this section:
(1)
"Poverty percentage" means the quotient
obtained by
dividing
the five-year average number of children
ages
five to
seventeen
residing in the school district and
living in a
family
receiving
assistance
under the Ohio works first
program or
an antecedent program known as TANF or ADC for the preceding five years, as
certified or
adjusted
under
section 3317.10
of the Revised Code,
by the
district's
three-year
average formula
ADM.
(2)
"Statewide
poverty percentage" means the five-year
average
of the total number of
children ages five to seventeen
years
residing in the state and
receiving
assistance
under
the
Ohio works first program or an antecedent program known as
TANF or
ADC for the preceding five years, divided by
the
sum of the three-year average formula
ADMs
for
all school
districts in the state.
(3)
"Poverty index"
means the quotient obtained by dividing the
school district's poverty percentage
by the statewide
poverty percentage.
(4) "Poverty student count" means the
five-year
average number of children ages five to seventeen
residing in the
school district and living in a family receiving
assistance under
the Ohio works first program or an antecedent
program known as
TANF or ADC for the preceding five years, as certified under section 3317.10
of the Revised
Code.
(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(6)
"Kindergarten through third grade
ADM" means the
amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
"Kindergarten through third grade ADM" shall not include any students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(7)
"All-day kindergarten" means a
kindergarten class
that
is
in session five days per week for not
less than the same
number
of
clock hours each day as for pupils
in grades one through
six.
(8)
"All-day kindergarten percentage" means the
percentage
of
a
district's actual total number of students
enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(9) "All-day kindergarten ADM" means the number of students reported under section 3317.03 of the Revised Code as enrolled in all-day kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of that section.
(10) "Academic distress percentage" means the quotient of the number of district-operated buildings in the school district designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the total number of buildings in the district that were open for instruction during the same school year to which the ratings apply.
(11) "Statewide academic distress percentage" means the quotient of the statewide number of school district buildings and community schools designated under section 3302.03 of the Revised Code as in a state of academic watch or academic emergency, divided by the statewide total number of school district buildings and community schools that were open for instruction during the same school year to which the ratings apply.
(12) "Academic distress index" means the quotient of the school district's academic distress percentage, divided by the statewide academic distress percentage.
(13)
"Buildings with the highest concentration of need"
means
the school
buildings in a district with that meet either of the following criteria:
(a) Are in school improvement status pursuant to the "No Child Left Behind Act of 2001," as defined in section 3302.01 of the Revised Code;
(b) Have percentages of
students
in grades
kindergarten
through three
receiving
assistance under Ohio works
first
at least as high as the
district-wide percentage of
students
receiving
such
assistance. However, the district shall give priority to any of those buildings that have been declared to be in a state of academic watch or academic emergency under section 3302.03 of the Revised Code.
If, in any fiscal year, the
information
provided by the
department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the
Ohio works first percentage in each building,
"buildings with
the
highest concentration of need" has the
meaning
given in rules
that
the department of education shall
adopt. The
rules shall
base the
definition of
"buildings with
the highest
concentration
of need"
on family income of students in
grades
kindergarten
through three
in a manner that, to the extent
possible
with
available data,
approximates the intent of this
division
and
division (K) of this
section to designate buildings
where the
Ohio works first
percentage in those grades equals or
exceeds the
district-wide
Ohio works first percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code,
the The department of education shall compute and distribute to for each school district for poverty-based assistance the greater of the following:
(1) The amount the
district received in fiscal
year 2005 for disadvantaged pupil impact aid pursuant to Section 41.10 of Am. Sub. H.B. 95 of the 125th general assembly, as amended, minus the amount deducted from the district under Section 16 of Am. Sub. S.B. 2 of the 125th general assembly that year for payments to internet- and computer-based community schools;
(2) The sum of the
computations made under divisions (C) to (I) and (K) of
this section and shall pay that sum to the district in accordance with division (A) of section 3317.022 of the Revised Code.
(C) A payment for academic intervention
programs,
if the district's poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the district's poverty index is greater than or equal to 0.25, calculate the district's level one amount for large-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.25 but less than 0.75:
large-group intervention units X hourly rate X
level one hours X [(poverty index – 0.25)/0.5]
X phase-in percentage
(i) "Large-group intervention units" equals the district's formula ADM divided by 20;
(ii) "Hourly rate" equals $20.00 $21.01 in fiscal year 2006 2008 and $20.40 $21.64 in fiscal year 2007 2009;
(iii) "Level one hours" equals 25 hours;
(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 and 1.00 in fiscal year 2007.
(b) If the district's poverty index is greater than or equal to 0.75:
large-group intervention units X hourly rate X level one hours
X phase-in percentage
Where "large-group intervention units," "hourly rate," and "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(2) If the district's poverty index is greater than or equal to 0.75, calculate the district's level two amount for medium-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.75 but less than 1.50:
medium-group intervention units X hourly rate X
{level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}X phase-in percentage
(i) "Medium group intervention units" equals the district's formula ADM divided by 15;
(ii) "Hourly rate," and "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(b) If the district's poverty index is greater than or equal to 1.50:
medium-group intervention units X hourly rate X level two hours X phase-in percentage
(i) "Medium group intervention units" has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have has the same meanings meaning as in division (C)(1)(a) of this section;
(iii) "Level two hours" equals 50 hours.
(3) If the district's poverty index is greater than or equal to 1.50, calculate the district's level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district's poverty index is greater than or equal to 1.50 but less than 2.50:
small group intervention units X hourly rate X
{level one hours + [level three hours X (poverty index – 1.50)]} X phase-in percentage
(i) "Small group intervention units" equals the quotient of (the district's poverty student count times 3) divided by 10;
(ii) "Hourly rate," and "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 135 hours.
(b) If the district's poverty index is greater than or equal to 2.50:
small group intervention units X hourly rate X level three hours X phase-in percentage
(i) "Small group intervention units" has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have has the same meanings meaning as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 160 hours.
Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the
poverty index of
the school district is greater
than or equal to
1.0 or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district's poverty index. The department shall calculate the payment under this division by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment for increased classroom learning opportunities based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
poverty index of the school
district as follows:
(a) If the
poverty index of the school district is less than
1.0, the
formula number of teachers is 50.0, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty to one;
(b) If the poverty index of the school
district is greater than
or equal to 1.0, but less than
1.5, the
formula number of teachers is calculated as
follows:
50.0 + {[(poverty index – 1.0)/0.5] X 16.667}
Where 50.0 is the number of teachers per one thousand
students at a student-teacher ratio of twenty to one;
0.5 is
the interval from a
poverty index of 1.0 to a
poverty index of
1.5; and 16.667 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty to
one.
(c) If the
poverty index of the school district is greater than
or equal to
1.5, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
50.0, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers compensation. For this purpose, the "statewide average teacher compensation" is $53,680 $56,754 in fiscal year 2006 2008 and $54,941 $58,621 in fiscal year 2007 2009, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district's poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows:
{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]} X formula amount
(2) If the district's poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount
(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district's limited English proficient students, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007 years 2008 and 2009. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district's percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year.
Not later than December 31, 2006, the department of education shall recommend to the general assembly and the director of budget and management a method of identifying the number of limited English proficient students for purposes of calculating payments under this division after fiscal year 2007.
(G) A payment for professional development of teachers, if the district's poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows:
[(poverty index – 1.0)/0.75] X 0.045 X formula amount
(2) If the district's poverty index is greater than or equal to 1.75, the amount per teacher equals:
0.045 X formula amount
(3) Determine the number of teachers, as follows:
(formula ADM/17)
(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty indexX formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(J) This division applies only to school districts whose
poverty index is 1.0 or greater. that receive more than ten thousand dollars under this section. Each such district shall use funds paid under this section only for one or more of the following purposes:
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to To provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage. To satisfy this requirement, a district may use funds paid under division (C), (F), (G), (H), or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section. ADM;
(2) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (F) of this section for To provide services to students with limited English proficiency through one or more of the following purposes activities:
(a) To hire Hiring teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) To contract Contracting for intervention services for those students;
(c) To provide Providing other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (G) of this section for To provide professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) Job-embedded High quality professional development activities that are research-based, as defined in federal law by state standards developed under section 3319.61 of the Revised Code;
(d) Professional learning communities.
In addition, each district that elects to use funds paid under this section for professional development shall use the payment only to implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under division (G) of this section. However, a district may apply to the department for a waiver to implement an alternative professional development program in one or more of the areas specified in divisions (J)(3)(a) to (c) of this section. If the department grants the waiver, the district may use its payment under division (G) of this section to implement the alternative program.
(4) Except as permitted under division (J)(1) of this section, each big eight school district shall use its payment under division (H) of this section either for For preventing at-risk students from dropping out of school, for safety and security measures described in division (J)(5)(b) of this section, for academic intervention services described in division (J)(6) of this section, or for a combination of those purposes. Not later than September 1, 2005 2007, the department of education shall provide each big eight school district receiving a payment under this section with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under division (H) of this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department's list. However, a district may apply to the department for a waiver to implement an alternative dropout prevention program. If the department grants the waiver, the district may use its payment under division (H) of this section to implement the alternative program.
(5) Except as permitted under division (J)(1) of this section, each urban school district that has a poverty index greater than or equal to 1.0 shall use its payment under division (I) of this section for For one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning in accordance with safe school guidelines adopted by the state board of education;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(6) Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section, and may use any amount of its payment under division (H) or (I) of this section, for academic intervention services, designed in accordance with student intervention guidelines adopted by the state board, for students who have
failed or are in
danger of failing any of the tests
administered
pursuant to
section 3301.0710 of the Revised Code, including intervention services required by section
3313.608 of the Revised Code. Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after June 30, 2005, shall require use of the payment for any other purpose.
(7) Except as otherwise required by division (K) or
permitted under division (O) of this section,
all remaining funds
distributed under this section to districts with a poverty index greater than or equal to 1.0 shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of For increased classroom learning opportunities by increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals, issued a permit or license under
section
3319.088 of the Revised Code, who are engaged in classroom support activities;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(8) For early childhood programs or early learning programs, as defined by the department of education, for children age three or four who are not eligible for kindergarten;
(9) To furnish, free of charge, materials used in courses of instruction, except for the necessary textbooks or electronic textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code, to pupils living in families participating in Ohio works first in accordance with section 3313.642 of the Revised Code;
(10) For programs designed to reduce nonacademic barriers to learning, in accordance with guidelines developed by the department of education;
(11) For start-up costs associated with school breakfast programs provided pursuant to section 3313.813 of the Revised Code.
A school district may apply to the department, in the form and manner prescribed by the department, for a waiver to spend funds paid under this section for programs not described in divisions (J)(1) to (11) of this section. The waiver application shall specify the rationale for the alternative expenditure and the intended benefits for disadvantaged students. If the department grants the waiver, the district may use funds paid under this section to implement the alternative program.
(K) Each district
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(J)(7) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained. A payment for assistance in closing the achievement gap, calculated as follows:
(1) In fiscal year 2008 the department shall pay each school district that has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0, an amount calculated in accordance with the following formula:
poverty index X academic distress index X (0.0015 X formula amount) X formula ADM
(a) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is less than its academic distress percentage for fiscal year 2008, the department shall pay the district the product of its payment under division (K)(1) of this section for fiscal year 2008 times 1.035.
(b) If the district received a payment under division (K)(1) of this section for fiscal year 2008, and its academic distress percentage for fiscal year 2009, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, is greater than or equal to its academic distress percentage for fiscal year 2008, the department shall pay the district the same amount as its payment under division (K)(1) of this section for fiscal year 2008.
(c) If the district did not receive a payment under division (K)(1) of this section for fiscal year 2008, and it has both a poverty index that is greater than or equal to 1.0 and an academic distress index, as determined based on the most recent report card issued under section 3302.03 of the Revised Code, that is greater than or equal to 1.0 for fiscal year 2009, the department shall pay the district an amount calculated in accordance with the following formula:
poverty index X academic distress index X (0.0015 X formula amount) X formula ADM
(L)(1) By the first day of August of each fiscal year, each This division applies only to funds paid under division (K)(2)(b) of this section.
(1) If applicable, each school district shall use the funds for any necessary expenses for the continued operation of a school district academic distress commission appointed under section 3302.10 of the Revised Code.
(2) After satisfying the requirement of division (L)(1) of this section, each district shall spend the remaining funds only for one or more of the following purposes and only in buildings with the highest concentration of need:
(a) Assistance in improving student performance;
(b) Professional development for teachers and administrators;
(c) Assistance in recruiting and retaining teachers and administrators.
(M)(1) Each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its the number of students attending
all-day kindergarten percentage when reporting formula ADM under section 3317.03 of the Revised Code.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code, shall
determine for each school district subject to division (J) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (K) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(M)(1)(2) Each school district with a poverty index less than
1.0 that receives a payment under division (D) of this section shall first utilize funds received
under this section so that ,
when combined with other funds of the
district,
sufficient
funds
exist division to provide all-day kindergarten to at least the
number
of
children in the district's all-day
kindergarten
percentage.
To satisfy this requirement, a district may use funds paid under division (C) or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section.
(2)(N) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(3) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (I) of this section shall use its payment under that division for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(4) Each school district to which division (M)(1), (2), or (3) of this section applies shall expend the
remaining
funds received under this
section, and
any other
district with a
poverty index less than
1.0 shall expend
all funds received
under this
section, for any
of the following
purposes:
(a) The purchase of technology for
instructional purposes for remediation;
(b) All-day kindergarten;
(c) Reduction of class sizes in grades kindergarten through three, as described in division (J)(7) of this section;
(d) Summer school remediation;
(e) Dropout prevention programs approved by the department of education under division (J)(4) of this section;
(f) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(g) Summer education and work programs;
(h) Adolescent pregnancy programs;
(i) Head start, preschool, early childhood education, or early learning programs;
(j) Reading improvement and remediation programs described
by the
department of education;
(k) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(l) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(m) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
(N)(O) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less fewer than the number of all-day
kindergarten
percentage students reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage ADM
and the percentage actually enrolled in actual
all-day kindergarten ADM.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(O)(P)(1) A district may use a portion of the funds calculated
for
it paid under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (J)(7) of paid under this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
(Q) Not later than the thirtieth day of September each year, each school district paid more than ten thousand dollars under this section shall report to the department, in the form and manner prescribed by the department, how the district deployed funds received under this section in the prior fiscal year. If a school district does not meet adequate progress standards as defined by the department, the department shall make recommendations to the district for deploying funds under this section in a more effective manner.
Sec. 3317.0216. (A) As used in this section:
(1) "Total taxes charged and payable for current
expenses"
means the sum of the taxes charged and payable as
certified under
division (A)(3)(a) of section 3317.021 of the
Revised Code less
any amounts reported under division (A)(3)(b) of that
section,
and
the tax distribution for the preceding year under any school
district income tax levied by the district pursuant to
Chapter
5748. of the Revised Code to the extent the
revenue from the
income tax is allocated or apportioned to current
expenses.
(2)
"Charge-off amount" means two and three-tenths per cent multiplied by (the sum of recognized
valuation and property exemption value).
(3) Until fiscal year 2003, the "actual local share of
special education,
transportation, and vocational education
funding" for any school
district means the sum of the district's
attributed local shares
described in divisions (F)(1) to (3) of
section 3317.022 of the
Revised Code. Beginning in fiscal year
2003, the "actual local share of special education,
transportation, and vocational education funding" means that sum
minus the amount of any excess cost supplement
payment calculated
for the district under division (F) of
section 3317.022 of the
Revised Code.
(4) "Current expense revenues from the tangible property tax replacement fund" means payments received from the school district tangible property tax replacement fund or the general revenue fund under section 5751.21 of the Revised Code for fixed-rate levies for current expenses and for fixed-sum levies for current expenses, including school district emergency levies under sections 5705.194 to 5705.197 of the Revised Code.
(B) Upon receiving the certifications under section 3317.021
of
the Revised Code, the department of education shall determine
for each city,
local, and exempted village school district whether
the
district's charge-off amount is greater than the sum of the district's
total
taxes charged and payable for current
expenses and current expense revenues from the tangible property tax replacement fund, and if
the charge-off amount is greater,
shall pay the district the amount of the
difference. A
payment shall not be
made to any school district
for which the
computation under division
(A) of section 3317.022
of the Revised
Code
equals zero.
(C)(1) If a district's charge-off amount is equal to or
greater
than the sum of its total
taxes charged and
payable for current
expenses and current expense revenues from the tangible property tax replacement fund, the
department shall, in addition to
the payment
required under
division (B) of this section, pay the
district the
amount of
its actual local share of special
education,
transportation, and
vocational
education
funding.
(2) If a district's charge-off amount is less than the sum of its
total
taxes charged and payable for current expenses and current expense revenues from the tangible property tax replacement fund,
the department
shall pay the district any amount by
which
its
actual local share
of
special education,
transportation, and vocational education
funding exceeds the sum of its
total
taxes charged and payable for current
expenses and current expense revenues from the tangible property tax replacement fund minus its
charge-off amount.
(D) If a school district that received a payment under division (B) or (C) of this section in the prior fiscal year is ineligible for payment under those divisions in the current fiscal year, the department shall determine if the ineligibility is the result of a property tax or income tax levy approved by the district's voters to take effect in tax year 2005 or thereafter. If the department determines that is the case, and calculates that the levy causing the ineligibility exceeded by at least one mill the equivalent millage of the prior year's payment under divisions (B) and (C) of this section, the department shall make a payment to the district for the first three years that the district loses eligibility for payment under divisions (B) and (C) of this section, as follows:
(1) In the first year of ineligibility, the department shall pay the district seventy-five per cent of the amount it last paid the district under divisions (B) and (C) of this section.
(2) In the second year of ineligibility, the department shall pay the district fifty per cent of the amount it last paid the district under those divisions.
(3) In the third year of ineligibility, the department shall pay the district twenty-five per cent of the amount it last paid the district under those divisions.
(E) A district that receives payment under division (D) of this section and subsequently qualifies for payment under division (B) or (C) of this section is ineligible for future payments under division (D) of this section.
(F) To enable the department of education to make the determinations and to calculate payments under division (D) of this section, on the effective date of this amendment March 30, 2006, and on or before the first day of March of each year thereafter, the department shall send to the tax commissioner a list of school districts receiving payments under division (B) or (C) of this section for the current fiscal year. On or before the first day of the following June, the tax commissioner shall certify to the department of education for those school districts the information required by division (A)(8) of section 3317.021 of the Revised Code.
Sec. 3317.0217. The Payment of the amount calculated for a school district under this section shall be made under division (A) of section 3317.022 of the Revised Code.
The department of education shall annually compute and pay state parity aid to school districts, as follows:
(A) Calculate the local wealth per pupil of each school
district, which equals the following sum:
(1) Two-thirds times the quotient of (a) the district's
recognized valuation divided by (b) its formula ADM; plus
(2) One-third times the quotient of (a) the average of the
total federal adjusted gross income of the school district's
residents for the three years most recently reported under section
3317.021 of the Revised Code divided by (b) its formula ADM.
(B) Rank all school districts in order of local wealth per
pupil, from the district with the lowest local wealth per pupil to
the district with the highest local wealth per pupil.
(C) Compute the per pupil state parity aid funding for each eligible
school
district in accordance with the following formula:
(threshold local wealthper pupil - the
district's localwealth per pupil) X 0.0075 parity millage
(1) Seven and one-half mills (0.0075) is an adjustment to the original parity aid standard of nine and one-half mills, to account for the general assembly's policy decision to phase-out use of the cost-of-doing-business factor in the base cost formula In fiscal year 2008, an "eligible school district" means a school district with a local wealth per pupil less than that of the school district with the four-hundred-eleventh lowest local wealth per pupil. In fiscal year 2009, an "eligible school district" means a school district with a local wealth per pupil less than that of the school district with the three-hundred-sixty-eighth lowest local wealth per pupil.
(2) The "threshold local wealth per pupil" is the local
wealth per pupil of the school district with the
four-hundred-ninetieth lowest local wealth per pupil.
(3) "Parity millage," in fiscal year 2008, equals 0.0080 and, in fiscal year 2009, equals 0.0085.
If the result of the calculation for a school district under
division (C) of this section is less than zero, the district's per
pupil parity aid shall be zero.
(D) Compute the per pupil alternative parity aid for each
school district that has a combination of an income factor of 1.0
or less, a poverty index of 1.0 or greater, and a fiscal year 2005
cost-of-doing-business factor of 1.0375 or greater, in accordance
with the following formula:
Payment percentage X $60,000 X(1 - income factor) X 4/15 X 0.023
(1) "Poverty index" has the same meaning as in section 3317.029
of the Revised Code.
(2) "Payment percentage," for purposes of division (D) of
this section, equals 50% in fiscal year 2002 and 100% after fiscal
year 2002.
(3) "Fiscal year 2005 cost-of-doing-business factor" means the cost-of-doing-business factor in effect for fiscal year 2005 designated under former division (N) of section 3317.02 of the Revised Code as that division existed in fiscal year 2005.
(E) Pay each district that has a combination of an income
factor of 1.0 or less, a poverty index of 1.0 or greater, and a fiscal year 2005
cost-of-doing-business factor of 1.0375 or greater, the greater of
the following:
(1) The product of the district's per pupil parity aid
calculated under division (C) of this section times its net formula
ADM;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its net formula
ADM.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its net
formula ADM.
(G) As used in divisions (E) and (F) of this section, "net formula ADM" means formula ADM minus the number of internet- and computer-based community school students and scholarship students reported under divisions (B)(3)(e), (f), and (g) of section 3317.03 of the Revised Code.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, except as provided in division (A)(2)(h) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM. Beginning in fiscal year 2007, each superintendent also shall certify to the state board, for the schools under the superintendent's supervision, the formula ADM for the first full week in February. If a school under the superintendent's supervision is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code;
(e) Students receiving services in the district through a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.63 of the Revised Code.
(2) On an FTE basis, except as provided in division (A)(2)(h) of this section, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private provider with a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.63 of the Revised Code. Each such scholarship student who is enrolled in kindergarten shall be counted as one full-time-equivalent student.
As used in this section, "alternative public provider" and "registered private provider" have the same meanings as in section 3310.41 or 3310.51 of the Revised Code, as applicable.
(3) Twenty per cent of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children with disabilities, other than
handicapped preschool children with disabilities, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed by the district with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(5) Beginning in fiscal year 2007, in the case of the report submitted for the first full week in February, or the alternative week if specified by the superintendent of public instruction, the number of students reported under division (A)(1) or (2) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts for the same week for which formula ADM is certified:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
with disabilities enrolled as of the first day of
December in classes in the
district that are eligible for approval
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are:
(a) Participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code;
(c) Enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code;
(d) Enrolled in a
community school
established under Chapter 3314.
of the Revised
Code that is not an internet- or computer-based community school as defined in section 3314.02 of the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school;
(e) Enrolled in an internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an alternative public provider or a registered private provider with a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.63 of the Revised Code;
(h) Enrolled as a handicapped preschool child with a disability in an alternative public provider or a registered private provider with a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a
program operated by a county MR/DD board
or a state
institution.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The combined average daily membership of
handicapped children
with disabilities reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap disability described
in division (A)
of section 3317.013 of the
Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.63 of the Revised Code;
(6) The combined average daily membership of handicapped children
with disabilities reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
disabilities described
in division
(B)
of section 3317.013 of the
Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.63 of the Revised Code;
(7) The combined average daily membership of handicapped children
with disabilities reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
disabilities described
in division
(C)
of
section
3317.013
of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.63 of the Revised Code;
(8)
The combined average daily
membership of handicapped children
with disabilities reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps disabilities described
in division (D) of section
3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.63 of the Revised Code;
(9) The combined average daily membership of handicapped children
with disabilities reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
disabilities described
in division (E) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.63 of the Revised Code;
(10) The combined average daily membership of handicapped children
with disabilities reported under division (A)(1) or (2) and under division (B)(3)(h) of this section receiving
special education services for category six handicaps disabilities described in
division (F) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.63 of the Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education;
(14)(a) The number of children, other than
handicapped
preschool children with disabilities, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children with disabilities, other than
handicapped preschool children with disabilities, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
disability described in
division (A) of
section
3317.013
of the Revised
Code;
(c) The number of handicapped children with disabilities, other than
handicapped preschool children with disabilities, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
disabilities described in
division (B) of
section
3317.013
of the Revised
Code;
(d) The number of handicapped children with disabilities, other than
handicapped preschool children with disabilities, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps disabilities described in
division
(C) of section
3317.013 of the Revised
Code;
(e) The number of handicapped children with disabilities, other than
handicapped preschool children with disabilities, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps disabilities described in division (D) of section
3317.013 of the Revised Code;
(f) The number of handicapped children with disabilities, other than
handicapped preschool children with disabilities, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap disabilities described in division (E) of
section
3317.013 of the Revised Code;
(g) The number of handicapped children with disabilities, other than
handicapped preschool children with disabilities, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps disabilities described in division (F) of section
3317.013 of the Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, three,
four, five, or six
special education ADM of the school district in
which the student
is entitled to attend school under section
3313.64 or 3313.65 of
the Revised Code for the same proportion of
the school year that
the student is counted in the enrollment of
the community school
for purposes of section 3314.08 of the
Revised Code. Notwithstanding the number of students reported pursuant to division (B)(3)(d) or (e) of this section, the department may adjust the formula ADM of a school district to account for students entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code who are enrolled in a community school for only a portion of the school year.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a handicap disability described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM. Beginning in fiscal year 2007, each superintendent also shall certify to the state superintendent the formula ADM for the first full week in February. If a school operated by the joint vocational school district is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM, except
as otherwise provided in this division, shall
consist of
the
average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the
district,
including students enrolled in a
community school established under Chapter 3314. of the Revised
Code who are attending the joint vocational district under an
agreement between the district board of education and the
governing authority of the community school and are entitled to
attend school in a city, local, or exempted village school
district whose territory is part of the territory of the joint
vocational district. Beginning in fiscal year 2007, in the case of the report submitted for the first week in February, or the alternative week if specified by the superintendent of public instruction, the superintendent of the joint vocational school district may include the number of students reported under division (D)(1) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
The following categories
of students shall not be
included
in the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students for the same week for which formula ADM is certified:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children Children with disabilities receiving
special
education
services
for the category one handicap disability described in
division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children Children with disabilities receiving
special
education
services
for the category two handicaps disabilities described in
division (B)
of section 3317.013
of the Revised Code;
(d) Handicapped children
Children with disabilities receiving special education
services for category three
handicaps
disabilities described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Handicapped children
Children with disabilities receiving special education services
for category four handicaps
disabilities described in division (D) of section
3317.013 of the Revised Code;
(f) Handicapped children Children with disabilities receiving special education
services for the category five handicap disabilities described in division (E)
of
section 3317.013 of the Revised Code;
(g) Handicapped children Children with disabilities receiving special education
services for category six handicaps disabilities described in division (F) of
section 3317.013 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil and a parent is not paying tuition for the pupil pursuant to section 3313.6410 of the Revised Code. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
Except as provided in
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the week
for which the formula ADM is being certified by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
with disabilities currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February. Division (F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children with disabilities that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the week for which the formula ADM is being certified.
(4) If a student awarded an educational choice scholarship is not included in the formula ADM of the school district from which the department deducts funds for the scholarship under section 3310.08 of the Revised Code, the department shall adjust the formula ADM of that school district to include the student to the extent necessary to account for the deduction, and shall recalculate the school district's payments under this chapter for the entire fiscal year on the basis of that adjusted formula ADM. This requirement applies regardless of whether the student was enrolled, as defined in division (E) of this section, in the chartered nonpublic school, the school district, or a community school during the week for which the formula ADM is being certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education, in the manner prescribed by the superintendent of public instruction, both of the following:
(i)(a) The average daily membership of all handicapped children with disabilities other than handicapped preschool children with disabilities receiving services at the institution for each category of handicap disability described in divisions (A) to (F) of section 3317.013 of the Revised Code;
(ii)(b) The average
daily
membership of all handicapped preschool children with disabilities in classes or
programs
approved annually by the department of education for unit funding under section 3317.05 of the Revised Code.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
with disabilities enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children with disabilities by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
(K) If the superintendent of public instruction determines that a component of the formula ADM certified or reported by a district superintendent, or other reporting entity, is not correct, the superintendent of public instruction may order that the formula ADM used for the purposes of payments under any section of Title XXXIII of the Revised Code be adjusted in the amount of the error.
Sec. 3317.031. A membership record shall be kept by grade
level in each city, local, exempted village, joint vocational,
and cooperative education school district and such a record shall
be kept by grade level in each educational
service center that
provides academic instruction to pupils, classes for handicapped
pupils with disabilities, or any other direct instructional services to pupils.
Such membership record shall show the following information for
each pupil enrolled: Name, date of birth, name of parent, date
entered school, date withdrawn from school, days present, days
absent, and the number of days school was open for instruction
while the pupil was enrolled. At the end of the school year this
membership record shall show the total days present, the total
days absent, and the total days due for all pupils in each grade.
Such membership record shall show the pupils that are transported
to and from school and it shall also show the pupils that are
transported living within one mile of the school attended. This
membership record shall also show any other information
prescribed by the state board of education.
This membership record shall be kept intact for at least
five years and shall be made available to the state board of
education or its representative in making an audit of the average
daily membership or the transportation of the district or educational
service center. The
membership records of local school districts shall be filed at
the close of each school year in the office of the
educational service center superintendent.
The state board of education may withhold any money due any
school district or educational service center under sections 3317.022
to 3317.0211, 3317.11,
3317.16, 3317.17, or 3317.19 of the Revised Code until it has
satisfactory evidence that the board of education or educational service
center governing board has fully
complied with all of the provisions of this section.
Nothing in this section shall require any person to
release, or to permit access to, public school records in
violation of section 3319.321 of the Revised Code.
Sec. 3317.032. (A) Each city, local, exempted
village, and cooperative education school district, each
educational service center, each county
MR/DD board, and each institution operating a special education
program pursuant to section 3323.091 of the Revised Code shall,
in accordance with procedures adopted by the state board of
education, maintain a record of district membership of both of
the following:
(1) All handicapped preschool children with disabilities in units
approved
under division (B) of section 3317.05 of the Revised Code;
(2) All handicapped preschool children with disabilities who are not in
units approved under division (B) of
section
3317.05 of the Revised Code but who are otherwise served by a
special education program.
(B) The superintendent of each district, board, or
institution subject to division (A) of this section shall certify
to the state board of education, in accordance with procedures
adopted by that board, membership figures of all handicapped
preschool children with disabilities whose membership is maintained under division
(A)(2) of this section. The figures certified under this
division shall be used in the determination of
the ADM used to compute funds for
educational
service center governing boards under
section 3317.11 of the Revised Code.
Sec. 3317.04. The amount paid to school districts in each
fiscal year under Chapter 3317. of the Revised Code shall not be
less than the following:
(A) In the case of a district created under section
3311.26 or 3311.37 of the Revised Code, the amount paid shall not
be less, in any of the three succeeding fiscal years following
the creation, than the sum of the amounts allocated under Chapter
3317. of the Revised Code to the districts separately in the year
of the creation.
(B) In the case of a school district which is transferred
to another school district or districts, pursuant to section
3311.22, 3311.231, or 3311.38 of the Revised Code, the amount
paid to the district accepting the transferred territory shall
not be less, in any of the three succeeding fiscal years
following the transfer, than the sum of the amounts allocated
under Chapter 3317. of the Revised Code to the districts
separately in the year of the consummation of the transfer.
(C) In the case of any school district, the amount paid
under Chapter 3317. of the Revised Code to the district in the
fiscal year of distribution shall not be less than that paid
under such chapter in the preceding fiscal year, less any amount paid in that preceding fiscal year under section 3317.0216 of the Revised Code, if in the
calendar year ending the thirty-first day of December preceding
the fiscal year of distribution, the county auditor of the county
to which the district has been assigned by the department of
education for administrative purposes has completed reassessment
of all real estate within the county, or the tax duplicate
of that county was increased by the application of a uniform taxable
value per cent of true value pursuant to a rule or order of the
tax commissioner and the revised valuations were entered on the
tax list and duplicate. Notwithstanding sections 3311.22,
3311.231, 3311.26, 3311.37, and 3311.38 of the Revised Code, this
minimum guarantee is applicable only during the fiscal year
immediately following the reassessment or application.
(D) In the case of any school district that has territory
in three or more counties, each of which contains at least twenty
per cent of the district's territory, the amount paid under
Chapter 3317. of the Revised Code to the district in the fiscal
year of distribution shall not be less than that paid under such
chapter in the preceding fiscal year, less any amount paid in that preceding fiscal year under section 3317.0216 of the Revised Code, if in the calendar year
ending the thirty-first day of December preceding the fiscal year
of distribution, the county auditor of any such county completed
reassessment of all real estate within the county, or the
tax duplicate of any such county was increased by the application of a uniform
taxable value per cent of true value pursuant to a rule
or order of the tax commissioner and the revised valuations were
entered on the tax list and duplicate. Notwithstanding sections
3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised
Code, this minimum guarantee is applicable only during the fiscal
year immediately following the reassessment or application.
Notwithstanding sections 3311.22, 3311.231, 3311.26,
3311.37, and 3311.38 of the Revised Code, the minimum guarantees
prescribed by divisions (A) and (B) of this section shall not
affect the amount of aid received by a school district for more
than three consecutive years.
Sec. 3317.05. (A) For The department of education shall assign units under this division until July 1, 2007.
For the purpose of calculating
payments
under sections
3317.052 and
3317.053 of the
Revised Code, the
department of
education shall determine for
each institution, by
the last day of
January of each year and
based on information
certified under
section 3317.03 of the
Revised Code, the number of
vocational education units or
fractions of units
approved by the
department on the basis of
standards
and rules adopted by the
state board of education. As used in this
division,
"institution" means an
institution operated by a
department specified in
section 3323.091
of the Revised Code and
that provides
vocational education
programs under the supervision
of the
division of vocational
education of the department
that meet the standards
and rules for these programs,
including
licensure of professional
staff involved in the
programs, as
established by the state board.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised Code, the
department shall
determine, based
on
information certified under
section 3317.03 of the Revised
Code,
the following by the last day
of January of each
year for each
educational
service center, for
each school district, including
each
cooperative education school
district, for each institution
eligible for payment under section
3323.091 of
the Revised Code,
and for each county MR/DD board:
the
number of
classes operated
by the school district, service
center,
institution, or
county
MR/DD board for
handicapped
preschool
children with disabilities, or fraction
thereof, including in the case of
a district
or service center
that is a funding agent, classes
taught by a
licensed teacher
employed by that district or service
center under
section
3313.841
of the Revised Code, approved
annually by the
department on the
basis of standards and rules
adopted by
the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised
Code, the
department shall determine, based on
information certified
under
section 3317.03 of the Revised
Code,
the following by the last
day
of January of each year for
each
school district, including each
cooperative education
school
district, for each institution
eligible for payment under
section
3323.091 of the Revised Code,
and for each county
MR/DD board:
the
number of
preschool
handicapped units for
related services, as defined in section 3323.01 of the Revised Code, for preschool children with disabilities approved annually
by the department on the basis
of
standards and
rules adopted by
the state board.
(D) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually under this
section shall not exceed
the number of units included in the estimate of
cost for these units and
appropriations made
for them by the
general assembly.
In the
case of handicapped preschool units for preschool children with disabilities
described in division (B) of
this section,
the department shall approve only
preschool units
for children
who are under age six on the thirtieth day of September of the academic year, or on the first day of August of the academic year if the school district in which the child is enrolled has adopted a resolution under division (A)(3) of section 3321.01 of the Revised Code, but not less
than age three on
the first
day of December of the academic
year, except that
such a unit may
include one or more children who
are under age
three or are age
six or over on the applicable date, as reported under division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if
such children
have been admitted to the unit pursuant
to rules of
the state
board. The number of units for
county MR/DD
boards
and institutions eligible
for payment under
section 3323.091 of
the Revised Code approved
under this section
shall not exceed the number that
can be funded
with appropriations
made for such purposes by the general
assembly.
No unit shall be approved under divisions (B)
and (C) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(E) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the state board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11
of the Revised Code, a unit funded pursuant to division
(L) of section 3317.024 or division (A)(2)
of section
3317.052 of
the Revised Code shall not be approved for
state
funding in one
school
district, including any cooperative
education school
district or any educational service
center, to
the extent that
such unit provides programs in or services to
another district
which receives payment pursuant to section
3317.04 of the
Revised
Code.
(2) Any city, local, exempted village, or
cooperative
education school district or any
educational service center may
combine partial unit eligibility for
handicapped preschool
programs for preschool children with disabilities pursuant to
section 3317.05 of the Revised Code, and
such
combined partial units may be approved for state funding in one
school
district or service center.
(B) After units have been initially approved for any
fiscal
year under
section 3317.05 of the Revised Code, no unit shall be
subsequently
transferred
from a school district or educational
service center to another city,
exempted village, local, or
cooperative education school district or
educational
service
center or to an institution or
county MR/DD board solely for the
purpose of reducing the financial
obligations of the school
district in a fiscal year it receives payment
pursuant to section
3317.04 of the Revised Code.
Sec. 3317.052. As used in this section,
"institution"
means
an institution operated by a department
specified in division (A) of section
3323.091
of the Revised Code.
(A)(1) The department of education
shall pay each school
district, educational service center,
institution eligible for
payment under section 3323.091 of the Revised Code,
or county
MR/DD board an amount for the total of
all classroom units for
handicapped preschool children with disabilities approved under division
(B) of
section 3317.05 of the Revised Code. For each unit, the amount
shall be the sum of the minimum salary for the teacher of the
unit, calculated on the basis of the teacher's training level
and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the
Revised
Code
in effect prior
to
July 1, 2001, plus fifteen per cent of
that minimum salary
amount, and
eight thousand twenty-three
dollars.
(2) The department shall pay each school district,
educational service
center, institution eligible for payment under
section 3323.091 of the Revised
Code, or county MR/DD board an
amount for the total
of all related services units for handicapped
preschool children with disabilities approved
under division (C) of section 3317.05
of the Revised Code. For each such
unit, the amount shall be the
sum
of the minimum salary for the teacher of the unit calculated
on the basis of
the teacher's training level and years of
experience pursuant to
the salary schedule prescribed in the
version of section
3317.13 of the Revised Code
in effect prior to
July 1, 2001,
fifteen per cent of that
minimum salary amount,
and two thousand
one hundred thirty-two
dollars.
(B) If a school district, educational service center, or
county MR/DD board has had additional
handicapped preschool
units
for preschool children with disabilities approved
for the year under division
(F)(2) or (G)(3) of
section
3317.03 of the Revised Code, the district, educational
service
center, or board shall receive an additional amount during
the
last half of the fiscal year. For each district, center, or
board, the
additional amount for each unit shall equal fifty per
cent of the
amounts computed for the unit in the manner prescribed
by
division (A) of this section and division (C) of section
3317.053 of the Revised Code.
(C) The department shall may pay each institution approved for
vocational education units
under division (A) of section 3317.05
of the Revised
Code an amount for the total of
all the units
approved under that division. The amount for each
unit shall be
the sum of the minimum salary for the teacher of
the unit,
calculated on the basis of the teacher's training
level and years
of experience pursuant to
the salary schedule prescribed in the
version of section 3317.13 of the
Revised Code
in effect prior to July 1, 2001,
plus fifteen per cent of
that minimum salary amount, and nine
thousand five hundred ten
dollars a grant amount based on the institution's submission of a comprehensive plan for a program to provide vocational education services. Each institution that receives units funds a grant under this division annually shall report to the department on the delivery of services and the performance of students and any other information required by the department to evaluate the institution's vocational education program.
Sec. 3317.06. Moneys paid to school districts under
division
(I) of section 3317.024 of the Revised Code shall
be used
for the
following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic
textbooks as have
been
approved by the superintendent of public
instruction for use in
public schools in the state and to loan
such textbooks or electronic
textbooks to pupils
attending
nonpublic schools within the district or to their
parents and to
hire clerical personnel to administer such lending
program. Such
loans shall be based upon individual requests
submitted by such
nonpublic school pupils or parents. Such
requests shall be
submitted to the school district in which the
nonpublic school is
located. Such individual requests for the
loan of textbooks or
electronic textbooks shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to
the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section:
(1) "Textbook" means any book or book
substitute that a
pupil uses as a consumable or
nonconsumable text, text substitute,
or text
supplement in a
particular class or program in the school
the pupil regularly
attends.
(2) "Electronic textbook" means computer software,
interactive
videodisc, magnetic media, CD-ROM, computer
courseware,
local and remote computer assisted instruction,
on-line service, electronic
medium, or other means of conveying
information to the student or otherwise
contributing to the
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in nonpublic schools, in public centers, or in mobile units
located on
or off of the nonpublic premises. If such services are
provided in the public
school or in public centers, transportation
to and from such facilities
shall be provided by the school
district in which the nonpublic
school is located.
(F) To provide guidance and, counseling, and social work services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the public school, in nonpublic schools, in
public centers, or
in mobile units located on or off of the
nonpublic premises. If such
services are provided in the public
school or in public centers,
transportation to and from such
facilities shall be provided by
the school district in which the
nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public
centers, or in
mobile units located on or off of the nonpublic
premises. If such
services are provided in
the public school or
in public centers, transportation to and
from such facilities
shall be provided by the school district in
which the nonpublic
school is located.
(H) To supply for use by pupils attending nonpublic
schools
within the district such standardized tests and scoring
services
as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children with disabilities as
defined in division (A) of section 3323.01 of the Revised Code or
gifted children. Such programs shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile
units located
on or
off of
the nonpublic premises. If such
programs are provided in the public school or
in public centers,
transportation to and from such facilities
shall be provided by
the school district in which the nonpublic
school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase
or lease any secular, neutral, and
nonideological
computer software (including site-licensing),
prerecorded
video
laserdiscs, digital video on demand (DVD),
compact discs, and
video cassette cartridges, wide area
connectivity and
related
technology as it relates to internet
access, mathematics or
science
equipment and
materials,
instructional materials, and
school library materials
that are in
general use in the public
schools of the
state and loan such items
to pupils attending
nonpublic schools within the district or to
their parents, and to
hire clerical personnel to administer the
lending program. Only
such items that are incapable of diversion
to
religious
use and
that are susceptible of loan to individual
pupils and are
furnished for the use of individual pupils shall be
purchased and
loaned under this division. As used in this
section,
"instructional
materials" means prepared learning
materials that
are secular, neutral, and
nonideological in
character and are of
benefit to the instruction of school
children, and may include
educational resources and services
developed by the eTech
Ohio
commission.
(L) To purchase
or lease instructional equipment, including
computer
hardware and
related equipment in general use in the
public
schools of the state, for
use
by pupils attending nonpublic
schools within the district and to loan such items to pupils
attending nonpublic schools within the district or to their
parents, and to
hire clerical personnel to administer the lending
program.
(M) To purchase mobile units to be used for the
provision of
services
pursuant to divisions (E), (F), (G),
and (I)
of this
section and to pay for necessary repairs and operating
costs
associated
with these units.
(N) To reimburse costs the district incurred to store the records of a chartered nonpublic school that closes. Reimbursements under this division shall be made one time only for each chartered nonpublic school that closes.
Clerical and supervisory personnel hired pursuant to
division
(J) of this section shall perform their services in the
public
schools, in nonpublic schools, public centers, or mobile units
where
the services are provided to the nonpublic school pupil,
except
that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
All services provided pursuant to this section may be
provided under contract with
educational service centers,
the
department of health, city or general health districts, or
private
agencies whose personnel are properly licensed by an
appropriate
state board or agency.
Transportation of pupils provided pursuant to divisions
(E),
(F), (G), and (I) of this section shall be provided by the
school
district from its general funds and not from moneys paid
to it
under division (I) of section 3317.024 of the Revised
Code unless
a special transportation request is submitted by the
parent of the
child receiving service pursuant to such divisions.
If such an
application is presented to the school district, it
may pay for
the transportation from moneys paid to it under
division (I) of
section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services
to nonpublic school pupils as authorized by this section
unless
such services are available to pupils attending the public
schools
within the district.
Materials, equipment, computer hardware or software,
textbooks,
electronic textbooks, and
health and remedial services
provided for the benefit of
nonpublic school pupils pursuant to
this section and the
admission of pupils to such nonpublic schools
shall be provided
without distinction as to race, creed, color, or
national origin
of such pupils or of their teachers.
No school district shall provide services, materials, or
equipment
that contain religious content for use in
religious
courses, devotional exercises, religious training, or
any other
religious activity.
As used in this section, "parent" includes a person
standing
in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments
shall be made under this section to any city, local, or
exempted
village school district within which is located one or
more
nonpublic elementary or high schools
and any payments made to
school districts under division (I) of section 3317.024 of the
Revised Code for purposes of this
section may be disbursed without
submission to and approval of the
controlling board.
The allocation of payments for materials, equipment,
textbooks, electronic textbooks, health services, and remedial
services to city, local,
and exempted village school districts
shall be on the basis of
the state board of education's estimated
annual average daily
membership in nonpublic elementary and high
schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for
the same purposes and in the same manner as the payments may
be
used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may
be transferred to the auxiliary services personnel
unemployment
compensation fund established pursuant to section
4141.47 of the
Revised Code. The department shall also adopt
guidelines and
procedures limiting the purchase and loan of
the items
described
in division (K) of
this section to items that are in general use
in the public
schools of the state, that are incapable of
diversion to
religious use, and that are susceptible to individual
use rather
than classroom use. Within thirty days after the end
of each
biennium, each board of education shall remit to the
department
all moneys paid to it under division (I) of section
3317.024 of the Revised Code and any interest earned on those
moneys that are
not required to pay expenses incurred under this
section during
the biennium for which the money was appropriated
and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the director of job and family
services who shall make a refund as
provided in section 4141.47 of
the Revised Code.
Each school district shall label materials, equipment, computer hardware or software, textbooks, and electronic textbooks purchased or leased for loan to a nonpublic school under this section, acknowledging that they were purchased or leased with state funds under this section. However, a district need not label materials, equipment, computer hardware or software, textbooks, or electronic textbooks that the district determines are consumable in nature or have a value of less than two hundred dollars.
Sec. 3317.063. The superintendent of public instruction,
in
accordance with rules adopted by the department of education,
shall annually reimburse each chartered nonpublic school for the
actual mandated service administrative and clerical costs
incurred
by such school during the preceding school year in
preparing,
maintaining, and filing reports, forms, and records,
and in
providing such other administrative and clerical services
that are
not an integral part of the teaching process as may be
required by
state law or rule or by requirements duly promulgated
by city,
exempted village, or local school districts. The
mandated service
costs reimbursed pursuant to this section shall
include, but are
not limited to, the preparation, filing and
maintenance of forms,
reports, or records and other clerical and
administrative services
relating to state chartering or approval
of the nonpublic school,
pupil attendance, pupil health and
health testing, transportation
of pupils, federally funded
education programs, pupil appraisal,
pupil progress, educator
licensure, unemployment and workers'
compensation, transfer
of pupils, and such other education related
data which are now or
hereafter shall be required of such
nonpublic school by state law
or rule, or by requirements of the
state department of education,
other state agencies, or city,
exempted village, or local school
districts.
The reimbursement required by this section shall be for
school years beginning on or after July 1, 1981.
Each nonpublic school which seeks reimbursement pursuant to
this section shall submit to the superintendent of public
instruction an application together with such additional reports
and documents as the department of education may require. Such
application, reports, and documents shall contain such
information
as the department of education may prescribe in order
to carry out
the purposes of this section. No payment shall be
made until the
superintendent of public instruction has approved
such
application.
Each nonpublic school which applies for reimbursement
pursuant to this section shall maintain a separate account or
system of accounts for the expenses incurred in rendering the
required services for which reimbursement is sought. Such
accounts shall contain such information as is required by the
department of education and shall be maintained in accordance
with
rules adopted by the department of education.
Reimbursement payments to a nonpublic school pursuant to
this
section shall not exceed an amount for each school year
equal to
two three hundred seventy-five dollars per pupil enrolled in that nonpublic
school.
The superintendent of public instruction may, from time to
time, examine any and all accounts and records of a nonpublic
school which have been maintained pursuant to this section in
support of an application for reimbursement, for the purpose of
determining the costs to such school of rendering the services
for
which reimbursement is sought. If after such audit it is
determined that any school has received funds in excess of the
actual cost of providing such services, said school shall
immediately reimburse the state in such excess amount.
Any payments made to chartered nonpublic schools under this
section may be disbursed without submission to and approval of the
controlling board.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for the purchase
of school buses under division (D) of section 3317.024 of the
Revised Code.
No school bus subsidy payments shall be paid to any
district unless such district can demonstrate that pupils
residing more than one mile from the school could not be
transported without such additional aid.
The amount paid to a county MR/DD board for buses purchased
for transportation of children in special education programs
operated by the board shall be based on a per pupil allocation for eligible students.
The amount paid to a school district for buses purchased
for transportation of handicapped pupils with disabilities and nonpublic school pupils
shall be determined by a per pupil allocation based on the number of special education and nonpublic school pupils for whom transportation is provided.
The state board of education shall adopt a formula to
determine the amount of payments that shall be distributed to
school districts to purchase school buses for pupils other than
handicapped pupils with disabilities or nonpublic school pupils.
If any district or MR/DD board obtains bus services for
pupil transportation pursuant to a contract, such district or
board may use payments received under this section to defray the
costs of contracting for bus services in lieu of for purchasing
buses.
If the department of education determines that a county MR/DD board no longer needs a school bus because the board no longer transports children to a special education program operated by the board, or if the department determines that a school district no longer needs a school bus to transport pupils to a nonpublic school or special education program, the department may reassign a bus that was funded with payments provided pursuant to this section for the purpose of transporting such pupils. The department may reassign a bus to a county MR/DD board or school district that transports children to a special education program designated in the children's individualized education plans, or to a school district that transports pupils to a nonpublic school, and needs an additional school bus.
Sec. 3317.08. A board of education may admit to its
schools a child it is not required by section 3313.64 or 3313.65
of the Revised Code to admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed
in accordance with this section. A district's tuition charge for
a school year shall be one of the following:
(A) For any child, except a handicapped preschool child with a disability
described in division (B) of this section, the quotient obtained
by dividing the sum of the amounts described in divisions (A)(1)
and (2) of this section by the district's formula ADM.
(1) The district's total taxes charged and payable for
current expenses for the tax year preceding the tax year in which
the school year begins as certified under division (A)(3) of
section 3317.021 of the Revised Code.
(2) The district's total taxes collected for current
expenses under a school district income tax adopted pursuant to
section 5748.03 or 5748.08 of the Revised Code that are
disbursed to the
district during the fiscal year. On or before the first day of
June of each year, the tax commissioner shall certify the amount
to be used in the calculation under this division for the next
fiscal year to the department of education and the office of budget and management for each city, local,
and exempted village school district that levies a school
district income tax.
(B) For any handicapped preschool child with a disability not included in a
unit approved under division (B) of section 3317.05 of the
Revised Code, an amount computed for the school year as follows:
(1) For each type of special education service provided to
the child for whom tuition is being calculated, determine the
amount of the district's operating expenses in providing that
type of service to all handicapped preschool children with disabilities not
included in units approved under division (B) of section
3317.05 of the Revised Code;
(2) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, determine the amount of such operating expenses that was
paid from any state funds received under this chapter;
(3) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, divide the difference between the amount determined
under division (B)(1) of this section and the amount determined
under division (B)(2) of this section by the total number of
handicapped preschool children with disabilities not included in units approved
under division (B) of section 3317.05 of the Revised Code
who received that type of service;
(4) Determine the sum of the quotients obtained under
division (B)(3) of this section for all types of special
education services provided to the child for whom tuition is
being calculated.
The state board of education shall adopt rules defining the
types of special education services and specifying the operating
expenses to be used in the computation under this section.
If any child for whom a tuition charge is computed under
this section for any school year is enrolled in a district for
only part of that school year, the amount of the district's
tuition charge for the child for the school year shall be
computed in proportion to the number of school days the child is
enrolled in the district during the school year.
Except as otherwise provided in division (J) of section
3313.64 of the Revised Code, whenever a district admits a child
to its schools for whom tuition computed in accordance with this
section is an obligation of another school district, the amount
of the tuition shall be certified by the treasurer of the board
of education of the district of attendance, to the board of
education of the district required to pay tuition for its
approval and payment. If agreement as to the amount payable or
the district required to pay the tuition cannot be reached, or
the board of education of the district required to pay the
tuition refuses to pay that amount, the board of education of the
district of attendance shall notify the superintendent of public
instruction. The superintendent shall determine the correct
amount and the district required to pay the tuition and shall
deduct that amount, if any, under division (G) of section
3317.023 of the Revised Code, from the district required to pay
the tuition and add that amount to the amount allocated to the
district attended under such division. The superintendent of
public instruction shall send to the district required to pay the
tuition an itemized statement showing such deductions at the time
of such deduction.
When a political subdivision owns and operates an airport,
welfare, or correctional institution or other project or facility
outside its corporate limits, the territory within which the
facility is located is exempt from taxation by the school
district within which such territory is located, and there are
school age children residing within such territory, the political
subdivision owning such tax exempt territory shall pay tuition to
the district in which such children attend school. The tuition
for these children shall be computed as provided for in this
section.
Sec. 3317.15. (A) As
used in this section, "handicapped child with a disability" has the same meaning
as in section 3323.01 of the Revised Code.
(B) Each city, exempted
village, local, and joint vocational school district shall
continue to comply with all requirements of federal statutes and
regulations, the Revised
Code, and rules adopted by the
state board of education governing education of handicapped
children with disabilities, including, but not limited to, requirements that
handicapped children with disabilities be served by appropriately licensed or
certificated education personnel.
(C) Each city, exempted
village, local, and joint vocational school district shall
consult with the educational service center serving the county
in which the school district is located and, if it elects to
participate pursuant to section 5126.04 of the
Revised
Code, the county
MR/DD board of that county, in
providing services that serve the best interests of handicapped
children with disabilities.
(D) Each school district
shall annually provide documentation to the department of
education that it employs the appropriate number of licensed or
certificated personnel to serve the district's handicapped
students with disabilities.
(E) The department
annually shall audit a sample of school districts to ensure that
handicapped children with disabilities are being appropriately reported.
(F) Each school district
shall provide speech-language pathology services at a ratio of
one speech-language pathologist per two thousand students
receiving any educational services from the district other than
adult education. Each district shall provide school
psychological services at a ratio of one school psychologist per
two thousand five hundred students receiving any educational
services from the district other than adult education. A
district may obtain the services of speech-language pathologists
and school psychologists by any means permitted by law,
including contracting with an educational service center. If,
however, a district is unable to obtain the services of the
required number of speech-language pathologists or school
psychologists, the district may request from the superintendent
of public instruction, and the superintendent may grant, a
waiver of this provision for a period of time established by the
superintendent.
Sec. 3317.16. (A) As used in this section:
(1) "State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
cost-of-doing-business factor Xthe formula amount X formula ADM
The resultant number is the district's state share
percentage.
(2) The "total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4) of section 3317.022 of the
Revised Code.
(4) The "total
recognized valuation"
of a joint vocational
school district shall be determined by
adding the
recognized
valuations of
all its constituent school districts for the
applicable fiscal
year.
(5) "Resident district" means the city, local, or exempted village school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(6) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with division (B) of this section.
(1) Compute the following for each eligible district formula:
(cost-of-doing-business factor Xformula amount X formula ADM) -(.0005 X
total
recognized valuation)
If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(2) Compute both of the following for each district:
(a) The difference of (i) the district's fiscal year 2005 base cost payment under the version of division (B) of this section in effect in fiscal year 2005, minus (ii) the amount computed for the district for the current fiscal year under current division (B)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal year 2005 formula ADM) X current year formula ADM] minus the amount computed for the district under current division (B)(1) of this section
If one of the amounts computed under division (B)(2)(a) or (b) of this section is a positive amount, the department shall pay the district that amount in addition to the amount calculated under division (B)(1) of this section. If both amounts are positive amounts, the department shall pay the district the lesser of the two amounts in addition to the amount calculated under division (B)(1) of this section.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
state share percentage X formula amount Xtotal vocational education weight
In each fiscal year, a joint vocational school district receiving funds under division (C)(1) of this section shall spend those funds only for the purposes the department designates as approved for vocational education expenses.
Vocational educational expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the joint vocational school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding received under division (C)(1) of this section may be spent.
(2) The department shall compute for each joint
vocational
school district state funds for vocational education
associated
services costs in accordance with the following
formula:
state share percentage X .05 Xthe formula amount X the sum ofcategories one and two vocationaleducation ADM
In any fiscal year, a joint vocational school district
receiving
funds under division (C)(2) of this section, or through
a
transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, shall spend those
funds only for the purposes
that the department designates as
approved for vocational
education associated services expenses,
which may include such
purposes as apprenticeship coordinators,
coordinators for other
vocational education services, vocational
evaluation, and other
purposes designated by the department. The
department may deny
payment under division (C)(2) of this section to
any district that
the department determines is not operating those services or
is
using funds paid under division (C)(2) of this section,
or through
a transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special
education and related services additional weighted costs
funds to each joint
vocational school district in accordance with
the
following formula:
state share percentage X formula amount Xtotal special education weight
(2)(a) As used in this division, the "personnel allowance"
means
thirty
thousand
dollars in fiscal
years 2002, 2003, 2004, 2005, 2006, and 2007 2008 and 2009.
(b) For the provision of speech language pathology services to students,
including students
who do not have individualized education
programs prepared for
them under Chapter 3323. of the Revised
Code, and for
no
other purpose, the department shall pay each
joint vocational
school district
an amount calculated
under the
following formula:
(formula ADM divided by 2000) X the personnelallowance X state share percentage
(3) In any fiscal year, a joint vocational school district shall spend for purposes that the department designates as approved for special education and related services expenses at least the amount calculated as follows:
(cost-of-doing-business factor X
formula amount X the sum of categories
one throughsix special education ADM) +(total special education weight X formula amount)
The purposes approved by the department for special education expenses shall include, but shall not be limited to, compliance with state rules governing the education of handicapped children with disabilities, providing services identified in a student's individualized education program as defined in section 3323.01 of the Revised Code, provision of speech language pathology services, and the portion of the district's overall administrative and overhead costs that are attributable to the district's special education student population.
The department shall require joint vocational school districts to report data annually to allow for monitoring compliance with division (D)(3) of this section. The department shall annually report to the governor and the general assembly the amount of money spent by each joint vocational school district for special education and related services.
(4) In any fiscal year, a joint vocational school district shall spend for the provision of speech language pathology services not less than the sum of the amount calculated under division (D)(1) of this section for the students in the district's category one special education ADM and the amount calculated under division (D)(2) of this section.
(E)(1) If a joint vocational school
district's costs for a
fiscal year for a student in its
categories
two through six
special education
ADM
exceed the
threshold catastrophic cost for
serving the
student, as specified
in division (C)(3)(b) of section
3317.022 of
the Revised Code, the district may
submit to the
superintendent of
public
instruction
documentation,
as
prescribed
by the
superintendent, of
all of its costs for that
student. Upon
submission of
documentation for a student of the
type and in the
manner
prescribed, the department shall pay to the
district an
amount
equal to the
sum of the following:
(a) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(b) The product of one-half of the district's costs for the
student
in excess of
the threshold
catastrophic cost multiplied
by
the
district's state
share
percentage.
(2) The district shall only report
under division (E)(1) of
this section, and the department shall only
pay
for, the
costs of
educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational
education and
specialized consultants.
(G)(1) A joint vocational school district's local share of
special
education and related services additional weighted costs
equals:
(1 - state share percentage) XTotal special education weight Xthe formula amount
(2) For each handicapped student with a disability receiving special education and related services under an individualized education program, as defined in section 3323.01 of the Revised Code, at a joint vocational district, the resident district or, if the student is enrolled in a community school, the community school shall be responsible for the amount of any costs of providing those special education and related services to that student that exceed the sum of the amount calculated for those services attributable to that student under divisions (B), (D), (E), and (G)(1) of this section.
Those excess costs shall be calculated by subtracting the sum of the following from the actual cost to provide special education and related services to the student:
(a) The product of the formula amount times the cost-of-doing-business factor;
(b) The product of the formula amount times the applicable multiple specified in section 3317.013 of the Revised Code;
(c) Any funds paid under division (E) of this section for the student;
(d) Any other funds received by the joint vocational school district under this chapter to provide special education and related services to the student, not including the amount calculated under division (G)(2) of this section.
(3) The board of education of the joint vocational school district may report the excess costs calculated under division (G)(2) of this section to the department of education.
(4) If the board of education of the joint vocational school district reports excess costs under division (G)(3) of this section, the department shall pay the amount of excess cost calculated under division (G)(2) of this section to the joint vocational school district and shall deduct that amount as provided in division (G)(4)(a) or (b) of this section, as applicable:
(a) If the student is not enrolled in a community school, the department shall deduct the amount from the account of the student's resident district pursuant to division (M) of section 3317.023 of the Revised Code.
(b) If the student is enrolled in a community school, the department shall deduct the amount from the account of the community school pursuant to section 3314.083 of the Revised Code.
Sec. 3317.161. If the department of education is required to pay an amount under section 3353.25 of the Revised Code to a school district delivering a course included in the clearinghouse established under section 3353.21 of the Revised Code for a student enrolled in a joint vocational school district, the department shall deduct the amount of that payment from the amount calculated for the joint vocational school district under section 3317.16 of the Revised Code.
Sec. 3317.19. (A) As used in this section, "total unit
allowance" means an amount equal to the sum of the following:
(1) The total of the salary allowances for the teachers
employed
in the cooperative education school district for all
units approved
under division (B) or (C) of section 3317.05 of the
Revised Code. The salary allowance for each unit shall equal the
minimum salary for the teacher of the unit calculated on the basis
of the
teacher's training level and years of experience pursuant
to
the salary
schedule prescribed in the version of section
3317.13 of the Revised Code
in effect prior to
July 1, 2001.
(2) Fifteen per cent of the total
computed under division
(A)(1) of this section;
(3) The total of the unit operating allowances for all
approved units. The amount of each allowance shall equal
one of
the following:
(a) Eight thousand twenty-three dollars times the number
of
preschool handicapped units for preschool children with disabilities or fraction thereof approved for
the
year under division (B) of section 3317.05 of the Revised
Code;
(b) Two thousand one hundred thirty-two dollars times the
number of units or fraction thereof approved for the year under
division (C) of section 3317.05 of the Revised Code.
(B) The state board of education shall compute and
distribute to each cooperative education school district for each
fiscal year an amount equal to the sum of the following:
(1) An amount equal to the total of the amounts credited
to
the cooperative education school district pursuant to division
(K)
of section 3317.023 of the Revised Code;
(2) The total unit allowance;
(3) An amount for assisting in providing free lunches to
needy children and an amount for assisting needy school districts
in purchasing necessary equipment for food preparation pursuant
to
division (H) of section 3317.024 of the Revised Code.
(C) If a cooperative education school
district has had
additional special education units approved for
the year under
division (F)(2) of section 3317.03 of the
Revised Code, the
district shall
receive an additional amount during the last half
of the fiscal
year. For each unit, the additional amount shall
equal fifty
per cent of the amount computed under division (A)
of
this section for a unit approved under division
(B) of section
3317.05 of the Revised Code.
Sec. 3317.20. This section does not apply to handicapped
preschool children with disabilities.
(A) As used in this section:
(1)
"Applicable weight" means the multiple specified in
section
3317.013
of the Revised
Code
for a handicap disability
described in
that
section.
(2)
"Child's school district" means the school district
in
which a child is entitled to attend school pursuant to
section
3313.64 or 3313.65 of the
Revised Code.
(3)
"State share percentage" means the state share
percentage
of the child's school district as defined in section
3317.022 of
the Revised Code.
(B)
Except as provided
in division
(C) of this
section,
the
department shall annually pay each county
MR/DD board for each handicapped
child with a disability,
other than a handicapped preschool child with a disability, for whom the
county
MR/DD board provides
special education and related
services the greater of the amount calculated under division (B)(1) or (2) of this section:
(1) (The formula amount for fiscal year 2005 X the cost-of-doing-business factor for the child's school district for fiscal year 2005) + (state share percentage for fiscal year 2005 X formula amount for fiscal year 2005 X the applicable weight);
(2) (The current an amount equal to the formula amount times the current cost-of-doing-business factor for the child's school district) + (state share percentage X current formula amount X the applicable weight).
(C) If any school
district places with a county
MR/DD
board
more handicapped
children with disabilities than it had placed with a county
MR/DD
board in fiscal year
1998, the department shall not make a
payment
under division
(B) of
this section for the number of
children
exceeding the number placed in fiscal
year 1998. The
department
instead shall deduct from the district's payments
under
this
chapter, and pay to the county
MR/DD board, an amount
calculated
in accordance with the formula prescribed in division
(B) of this
section for each
child over the number of children
placed in
fiscal year
1998.
(D) The department shall
calculate for each county MR/DD
board receiving payments under divisions
(B) and
(C) of this
section the
following amounts:
(1) The amount received by the county
MR/DD board for
approved
special education and related services units, other than
preschool handicapped units for preschool children with disabilities, in fiscal year 1998, divided by the
total number of children served in the units that year;
(2) The product of the quotient calculated under division
(D)(1) of this section times
the number of children for whom
payments are made under
divisions
(B) and
(C) of this
section.
If the amount calculated under division
(D)(2) of this
section is
greater than the total amount calculated under
divisions
(B) and
(C) of this section, the
department shall
pay
the county
MR/DD board one hundred per
cent of the difference
in
addition to the payments under divisions
(B) and
(C) of
this
section.
Sec. 3317.201. This section does not apply to handicapped preschool children with disabilities.
(A) As used in this section, the "total special education weight" for an institution means the sum of the following amounts:
(1) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap disability described in division (A) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(2) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap disability described in division (B) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(3) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap disability described in division (C) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(4) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap disability described in division (D) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(5) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap disability described in division (E) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(6) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap disability described in division (F) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division.
(B) The For each fiscal year, the department of education annually shall pay each state institution required to provide special education services under division (A) of section 3323.091 of the Revised Code an amount equal to the greater of:
(1) The formula amount times the institution's total special education weight;
(2) The aggregate amount of special education and related services unit funding the institution received for all handicapped children with disabilities other than handicapped preschool children with disabilities in fiscal year 2005 under sections 3317.052 and 3317.053 of the Revised Code, as those sections existed prior to the effective date of this section June 30, 2005.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of
the
Revised Code:
(A)
"Ohio school facilities commission"
means the commission
created pursuant to
section 3318.30 of the Revised Code.
(B)
"Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive
instruction and education and such facilities and building
improvements for the operation and use of such rooms as may be
needed in order to provide a complete educational program, and may
include space within which a child care facility or a
community resource
center is housed.
"Classroom facilities"
includes any space necessary for the operation of a vocational
education program
for secondary students in any school district
that operates such a
program.
(C)
"Project" means a project to construct or acquire
classroom
facilities, or to reconstruct or
make additions to
existing classroom facilities,
to be used for housing the
applicable school district and its functions.
(D)
"School district" means a local, exempted village, or
city school district as such districts are defined in Chapter
3311. of the Revised Code, acting as an agency of state
government, performing
essential governmental functions of state
government pursuant to sections
3318.01 to 3318.20 of the Revised
Code.
For purposes of assistance provided under sections 3318.40 to
3318.45 of the Revised Code, the term "school district" as used in
this section and in divisions (A), (C), and (D) of section 3318.03
and in sections 3318.031, 3318.042, 3318.07, 3318.08,
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the
Revised Code means a joint vocational school district established
pursuant to section 3311.18 of the Revised Code.
(E)
"School district board" means the board of education
of
a
school district.
(F)
"Net bonded indebtedness" means the difference between
the sum of the par value of all outstanding and unpaid bonds and
notes
which
a school district board is obligated to pay and any
amounts the school district is obligated to pay under
lease-purchase
agreements entered into under section 3313.375 of
the Revised Code, and
the amount held in the sinking fund and
other indebtedness
retirement funds for their redemption. Notes
issued for school
buses in accordance with section 3327.08 of the
Revised Code,
notes issued in anticipation of the collection of
current
revenues, and bonds issued to pay final judgments shall
not be
considered in calculating the net bonded indebtedness.
"Net bonded indebtedness" does not include indebtedness
arising from
the acquisition of land to provide a site for
classroom facilities
constructed, acquired, or added to pursuant
to sections 3318.01 to 3318.20
of the Revised Code or the par value of bonds that have been authorized by the electors and the proceeds of which will be used by the district to provide any part of its portion of the basic project cost.
(G)
"Board of elections" means the board of elections of
the
county containing the most populous portion of the school
district.
(H)
"County auditor" means the auditor of the county in
which
the greatest value of taxable property of such school
district is
located.
(I)
"Tax duplicates" means the general tax lists and
duplicates prescribed by sections 319.28 and 319.29 of the
Revised
Code.
(J)
"Required level of indebtedness" means:
(1) In the case of school districts in
the first percentile, five
per cent of the district's valuation for
the year preceding the
year in which the controlling board approved the
project under
section 3318.04 of the Revised Code.
(2) In the case of school districts ranked in a subsequent
percentile, five per
cent of the district's valuation for the year
preceding the year in
which the controlling board approved the
project under section 3318.04
of the Revised Code, plus [two
one-hundredths of one per
cent multiplied by (the percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project minus
one)].
(K)
"Required percentage of the basic project costs" means
one per cent of
the basic project costs times the
percentile in
which the school district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project.
(L)
"Basic project cost" means a cost amount determined in
accordance with
rules adopted under section 111.15 of the Revised
Code by
the
Ohio school facilities commission. The basic
project
cost calculation shall take into consideration the square footage
and
cost per square foot necessary for the grade levels to be
housed in the
classroom facilities, the variation across the state
in construction and
related costs, the cost of the installation of
site utilities and site
preparation,
the cost of demolition of all
or part of any existing classroom facilities that are abandoned
under the project, the cost of insuring the
project until it is
completed,
any contingency reserve amount
prescribed by the
commission under section 3318.086 of the Revised
Code, and the
professional planning, administration, and design
fees that a school
district may
have to pay to undertake a classroom
facilities
project.
For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
the basic project cost calculation for a project under those
sections shall also take into account the types of laboratory
spaces and program square footages needed for the vocational
education programs for high school students offered by the school
district.
(M)(1) Except for a joint vocational school district that
receives assistance under sections 3318.40 to 3318.45 of the
Revised Code, a
"school district's portion of the basic project
cost"
means the
amount determined under section 3318.032 of the
Revised
Code.
(2) For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
a "school district's portion of the basic project cost" means the
amount determined under division (C) of section 3318.42 of the
Revised Code.
(N)
"Child care facility" means
space within a classroom
facility in which the needs of infants,
toddlers, preschool
children, and school children are provided
for by persons other
than the parent or guardian of such
children for any part of the
day, including persons not employed by the school
district
operating such classroom facility.
(O)
"Community resource
center" means space within a
classroom facility in which
comprehensive services that support
the needs of families and
children are provided by community-based
social service
providers.
(P)
"Valuation" means the total value of all property in
the school
district as listed and assessed for taxation on the tax
duplicates.
(Q)
"Percentile" means the percentile in which the school
district
is
ranked pursuant to division (D) of section 3318.011 of the
Revised Code.
(R)
"Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site
gas distribution system, site sanitary system, site storm
drainage
system, and site telephone and data system.
(S)
"Site preparation"
means the earthwork necessary for
preparation of the building
foundation system, the paved
pedestrian and vehicular
circulation system, playgrounds on the
project site, and lawn
and planting on the project site.
Sec. 3318.011. For purposes of providing assistance under
sections 3318.01 to 3318.20 of the Revised Code, the department
of education shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each
city, local, and exempted village school district according to
the following formula:
The district's valuation per pupil -
[$30,000 X (1 - the district's income factor)].
For purposes of this calculation:
(1) "Valuation Except for a district with an open enrollment net gain that is ten per cent or more of its formula ADM, "valuation per pupil" for a district means its average
taxable value, divided by its formula ADM reported under section
3317.03 of the Revised Code for the previous fiscal
year. "Valuation per pupil," for a district with an open enrollment net gain that is ten per cent or more of its formula ADM, means its average taxable value, divided by the sum of its formula ADM for the previous fiscal year plus its open enrollment net gain for the previous fiscal year.
(2) "Average taxable value" means the average of the amounts
certified for a district in the second, third, and fourth preceding
fiscal years under divisions (A)(1) and (2) of section 3317.021 of
the Revised Code.
(3) "Income Entitled to attend school" means entitled to attend school in a city, local, or exempted village school district under section 3313.64 or 3313.65 of the Revised Code.
(4) "Formula ADM" and "income factor" has have the same meaning meanings as in section 3317.02 of
the Revised Code.
(5) "Native student" has the same meaning as in section 3313.98 of the Revised Code.
(6) "Open enrollment net gain" for a district means (a) the number of the students entitled to attend school in another district but who are enrolled in the schools of the district under its open enrollment policy minus (b) the number of the district's native students who are enrolled in the schools of another district under the other district's open enrollment policy, both numbers as certified to the department under section 3313.981 of the Revised Code. If the difference is a negative number, the district's "open enrollment net gain" is zero.
(7) "Open enrollment policy" means an interdistrict open enrollment policy adopted under section 3313.98 of the Revised Code.
(B) Calculate for each district the three-year average of the
adjusted valuations per pupil calculated for the
district for the current and two preceding
fiscal years;
(C) Rank all such districts in order of adjusted valuation
per pupil from the district with the lowest three-year average adjusted
valuation
per pupil to the district with the highest three-year average adjusted
valuation per pupil;
(D) Divide such
ranking into percentiles with the first percentile containing the one per cent
of school districts having the lowest three-year average adjusted
valuations per pupil and the
one-hundredth percentile containing the one per cent of school districts
having the highest three-year average adjusted
valuations per pupil;
(E) Determine the school districts that have
three-year average adjusted
valuations per pupil that are greater
than the median three-year average adjusted valuation per
pupil for all school districts in the state;
(F) On or before the first day of September, certify the information described in divisions (A)
to (E) of this section to the Ohio school facilities
commission.
Notwithstanding anything in this section to the contrary, the department shall not rank any school district subject to division (F) of section 3318.36 of the Revised Code in a higher percentile than the percentile in which the district was ranked on the date the electors of the district approved a bond issue to pay the district's portion of the basic project cost. The percentile ranking resulting from this paragraph shall be used by the commission only to determine when the district is eligible for assistance under sections 3318.01 to 3318.20 of the Revised Code and shall not be used to calculate the district's portion of the basic project cost. For this purpose, the commission annually shall notify the department of all school districts that have become subject to division (F) of section 3318.36 of the Revised Code since the department completed its most recent school district rankings under this section.
Sec. 3318.023. Notwithstanding anything to the contrary in
section 3318.02 of the Revised Code, each fiscal year, at the time
that the Ohio school facilities commission conditionally approves
projects of school districts under section sections 3318.01 to 3318.20 of
the Revised Code for which it plans to provide assistance under
those sections for that fiscal year, the commission also shall
identify the next ten school districts from lowest to highest in
order of the ranking calculated for the previous fiscal year under
division (D) of section 3318.011 of the Revised Code that have not
yet been conditionally approved for assistance under
section
sections
3318.01 to 3318.20 of the Revised Code. Those districts shall
have priority in the order of such ranking with the lowest
valuation having the highest priority for future assistance under
those sections over all other school districts except for
districts receiving assistance under division (B)(2) of section
3318.04, section 3318.37, or section 3318.38 of the Revised Code
or districts that have priority under section 3318.05 of the
Revised Code.
Sec. 3318.12. (A) The Ohio school facilities commission
shall
cause to be transferred to the school district's project
construction fund the necessary amounts from amounts
appropriated
by the general assembly and set aside for such
purpose, from time
to time as may be necessary to pay obligations
chargeable to such
fund when due. All investment earnings of a
school district's
project construction fund shall be credited to the fund.
(B)(1) The treasurer of the
school
district board shall disburse
funds from the school district's
project construction fund,
including investment earnings credited to
the fund, only upon the
approval of the
commission or the commission's designated
representative. The
commission or the commission's designated
representative shall issue vouchers
against such fund, in such
amounts, and at such times as
required by the
contracts for
construction of the project.
(2) Notwithstanding anything to the contrary in division (B)(1) of this section, the school district board may, by a duly adopted resolution, choose to use all or part of the investment earnings of the district's project construction fund that are attributable to the district's contribution to the fund to pay the cost of classroom facilities or portions or components of classroom facilities that are not included in the district's basic project cost but that are related to the district's project. If the district board adopts a resolution in favor of using those investment earnings as authorized under division (B)(2) of this section, the treasurer shall disburse the amount as designated and directed by the board. However, if the district board chooses to use any part of the investment earnings for classroom facilities or portions or components of classroom facilities that are not included in the basic project cost, as authorized under division (B)(2) of this section, and, subsequently, the cost of the project exceeds the amount in the project construction fund, the district board shall restore to the project construction fund the full amount of the investment earnings used under division (B)(2) of this section before any additional state moneys shall be released for the project.
(C) After the project has been completed:
(1) Any At the discretion of the school district board, any investment
earnings remaining in the project
construction fund that are
attributable to the school district's
contribution to the fund
shall be transferred:
(a) Retained in the project construction fund for future projects;
(b) Transferred to the district's
maintenance fund required
by division (B) of section
3318.05
or
section 3318.43 of the Revised
Code, and the money so transferred shall be
used
solely for maintaining the classroom facilities included in
the
project;
(c) Transferred to the district's permanent improvement fund.
(2) Any investment
earnings remaining in the project
construction fund that are
attributable to the state's
contribution to the fund shall be
transferred to the commission
for expenditure pursuant to
sections 3318.01 to 3318.20
or
sections 3318.40 to 3318.45 of the
Revised
Code.
(3) Any other surplus remaining in the school district's
project
construction fund after the project has been completed
shall
be transferred to the commission
and the school district
board in proportion to their respective
contributions to the fund.
The commission shall use the money transferred to
it under this
division for expenditure
pursuant to sections 3318.01 to 3318.20
or sections 3318.40 to 3318.45 of the Revised Code.
(D) Pursuant to appropriations of the general assembly, any
moneys transferred to the commission under division (C)(2) or (3)
of this section from a project construction fund for a project
under sections 3318.40 to 3318.45 of the Revised Code may be used
for future expenditures for projects under sections 3318.40 to
3318.45 of the Revised Code, notwithstanding the two per cent
annual limit specified in division (B) of section 3318.40 of the
Revised Code.
Sec. 3318.15. There is hereby created the public school
building fund within the state treasury consisting of any moneys
transferred or appropriated to the fund by the general assembly, moneys paid into or transferred in accordance with section 3318.47 of the Revised Code,
and any grants, gifts, or contributions received by the Ohio
school
facilities commission to be used for the purposes of the
fund.
All investment earnings of the fund shall be credited to
the fund.
Moneys transferred or appropriated to the fund by the general
assembly and moneys in the fund from grants, gifts, and
contributions shall be
used for the purposes of
Chapter 3318. of the Revised Code
as
prescribed by the
general assembly.
Sec. 3318.26. (A) The provisions of this section apply only
to
obligations issued by the issuing authority prior to December
1,
1999.
(B) Subject to the limitations provided in
section 3318.29
of the Revised Code, the issuing authority, upon
the certification
by the Ohio
school facilities commission to the issuing
authority
of the amount of moneys or additional moneys needed in
the school
building program assistance fund for the purposes of sections
3318.01 to 3318.20
and sections 3318.40 to 3318.45 of the Revised
Code, or needed for capitalized
interest, for funding reserves,
and for paying costs and expenses
incurred in connection with the
issuance, carrying, securing,
paying, redeeming, or retirement of
the obligations or any
obligations refunded thereby, including
payment of costs and
expenses relating to letters of credit, lines
of credit,
insurance, put agreements, standby purchase agreements,
indexing,
marketing, remarketing and administrative arrangements,
interest
swap or hedging agreements, and any other credit
enhancement,
liquidity, remarketing, renewal, or refunding
arrangements, all
of which are authorized by this section, shall
issue obligations
of the state under this section in the required
amount. The
proceeds of such obligations, except for obligations
issued to
provide moneys for the school building program
assistance fund shall be
deposited by the treasurer
of state in
special funds,
including reserve funds, as provided in the bond
proceedings. The issuing authority may appoint trustees,
paying
agents, and transfer agents and may retain the services of
financial advisors and accounting experts and retain or contract
for the services of marketing, remarketing, indexing, and
administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs
of such services are payable from the school building program
assistance
fund or
any special fund determined by the issuing
authority.
(C) The holders or owners of such obligations shall have
no
right to have moneys raised by taxation obligated or pledged,
and
moneys raised by taxation shall not be obligated or pledged,
for
the payment of bond service charges. Such holders or owners
shall
have no rights to payment of bond service charges from any
money
or property received by the
commission,
treasurer of state, or the
state, or from any other use of the
proceeds of the sale of the
obligations, and no such moneys may
be used for the payment of
bond service charges, except for
accrued interest, capitalized
interest, and reserves funded from
proceeds received upon the sale
of the obligations and except as
otherwise expressly provided in
the applicable bond proceedings
pursuant to written directions by
the treasurer of state. The
right of such holders and owners to
payment of bond service
charges shall be limited to all or that
portion of the pledged
receipts and those special funds pledged
thereto pursuant to the
bond proceedings in accordance with this
section, and each such
obligation shall bear on its face a
statement to that effect.
(D) Obligations shall be authorized by resolution or order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
the limits specified in section 3318.29 of the Revised Code, the
interest rate or rates or the maximum interest rate, the date of
the obligations and the dates of payment of interest thereon,
their denomination, and the establishment within or without the
state of a place or places of payment of bond service charges.
Sections 9.98 to 9.983 of the Revised Code are applicable to
obligations issued under this section, subject to any applicable
limitation under section 3318.29 of the Revised Code. The
purpose
of such obligations may be stated in the bond proceedings
in terms
describing the general purpose or purposes to be served.
The bond
proceedings shall also provide, subject to the
provisions of any
other applicable bond proceedings, for the
pledge of all, or such
part as the issuing authority may
determine, of the pledged
receipts and the applicable special
fund or funds to the payment
of bond service charges, which
pledges may be made either prior or
subordinate to other
expenses, claims, or payments, and may be
made to secure the
obligations on a parity with obligations
theretofore or
thereafter issued, if and to the extent provided in
the bond
proceedings. The pledged receipts and special funds so
pledged
and thereafter received by the state are immediately
subject to
the lien of such pledge without any physical delivery
thereof or
further act, and the lien of any such pledges is valid
and
binding against all parties having claims of any kind against
the
state or any governmental agency of the state, irrespective of
whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of
the Revised Code, without the necessity for separation or
delivery
of funds or for the filing or recording of the bond
proceedings by
which such pledge is created or any certificate,
statement or
other document with respect thereto; and the pledge
of such
pledged receipts and special funds is effective and the
money
therefrom and thereof may be applied to the purposes for
which
pledged without necessity for any act of appropriation,
except as
required by section 3770.06 of the Revised Code. Every
pledge,
and every covenant and agreement made with respect
thereto, made
in the bond proceedings may therein be extended to
the benefit of
the owners and holders of obligations authorized
by this section,
and to any trustee therefor, for the further
security of the
payment of the bond service charges.
(E) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131., 133., or 135. of the Revised
Code,
but subject to any special provisions of sections 3318.21
to
3318.29 of the Revised Code, with respect to particular funds
or
moneys, provided that any bank or trust company that acts as
depository of any moneys in the special funds may furnish such
indemnifying bonds or may pledge such securities as required by
the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement
or
indenture;
(8) The lease or sublease of any interest of the school
district or the state
in one or more projects as defined in
division (C) of section 3318.01 of the
Revised Code, or in one or
more permanent improvements, to or from the issuing
authority, as
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority;
(9) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor.
(F) The obligations may have the great seal of the state
or
a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on
the date of such bonds or coupons such person was not the
issuing
authority. In case the issuing authority whose signature
or a
facsimile of whose signature appears on any such obligation
or
coupon ceases to be the issuing authority before delivery
thereof,
such signature or facsimile is nevertheless valid and
sufficient
for all purposes as if the issuing authority had
remained the
issuing
authority until such delivery; and in case the seal to be
affixed
to obligations has been changed after a facsimile of the
seal has
been imprinted on such obligations, such facsimile seal
shall
continue to be sufficient as to such obligations and
obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the
provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations
may be secured additionally by a trust agreement or
indenture
between the issuing authority and a corporate trustee
which may be
any trust company or bank having its principal a place
of business
within the state. Any such agreement or indenture
may contain the
resolution or order authorizing the issuance of
the obligations,
any provisions that may be contained in any bond
proceedings, and
other provisions that are customary or
appropriate in an agreement
or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture,
or other instrument comprising part of the bond
proceedings until
the state has fully paid the bond service
charges on the
obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement
by mandamus, the appointment of a receiver, suit in
equity, action
at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's
rights are restricted
by the bond proceedings, may by any suitable
form of legal
proceedings, protect and enforce any rights under
the laws of
this state or granted by such bond proceedings. Such
rights
include the right to compel the performance of all duties
of the
issuing authority, the commission, or
the director
of
budget and management required by sections 3318.21 to 3318.29
of
the Revised Code or the bond proceedings; to enjoin unlawful
activities; and in the event of default with respect to the
payment of any bond service charges on any obligations or in the
performance of any covenant or agreement on the part of the
issuing authority, the commission, or
the director
of budget and
management in the bond proceedings, to apply to a
court having
jurisdiction of the cause to appoint a receiver to
receive and
administer the pledged receipts and special funds,
other than
those in the custody of the treasurer of state or the
commission,
which are pledged to the
payment of the
bond service charges on
such obligations or which are the subject
of the covenant or
agreement, with full power to pay, and to
provide for payment of
bond service charges on, such obligations,
and with such powers,
subject to the direction of the court, as
are accorded receivers
in general equity cases, excluding any
power to pledge additional
revenues or receipts or other income
or moneys of the issuing
authority or the state or governmental
agencies of the state to
the payment of such principal and
interest and excluding the power
to take possession of, mortgage,
or cause the sale or otherwise
dispose of any permanent
improvement.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any agreement or loan made
under authority of sections 3318.21 to 3318.29 of the Revised
Code, and in every agreement by or with the issuing authority, is
hereby established as a duty of the issuing authority, and of
each
such officer, member, or employee having authority to
perform such
duty, specifically enjoined by the law resulting
from an office,
trust, or station within the meaning of section
2731.01 of the
Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their
personal capacities on any obligations issued by the
issuing
authority or any agreements of or with the issuing
authority.
(L) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for
life and domestic not for life, trustees or other officers
having
charge of sinking and bond retirement or other special
funds of
political subdivisions and taxing districts of this
state, the
commissioners of the sinking fund of the state, the
administrator
of workers' compensation,
the state teachers retirement system,
the public employees
retirement system, the school employees
retirement system, and
the Ohio police and fire pension fund,
notwithstanding any other provisions of the Revised Code or rules
adopted pursuant thereto by any governmental agency of the state
with respect to investments by them, and also are acceptable as
security for the deposit of public moneys.
(M) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States,
obligations guaranteed as to
principal
and interest by the United States, obligations of this
state or
any political subdivision of this state, and certificates
of
deposit of
any national bank located in this state and any
bank, as defined
in section 1101.01 of the Revised Code, subject
to inspection by
the superintendent of financial institutions. If
the law
or the instrument
creating a trust pursuant to division
(J) of this section
expressly permits investment in direct
obligations of the United
States or an agency of the United
States,
unless expressly prohibited by the
instrument, such moneys
also may be invested in no front end load
money market mutual
funds consisting exclusively of obligations
of the United States
or an agency of the United States and in repurchase
agreements,
including those issued by the fiduciary itself,
secured by
obligations of the United States or an agency of the United
States;
and in collective investment funds established in
accordance with section
1111.14 of the Revised Code and consisting
exclusively
of any such securities,
notwithstanding division
(B)(1)(c) of that section. The
income from such
investments shall
be credited to such funds
as the issuing authority determines, and
such investments may be
sold at such times as the issuing
authority determines or
authorizes.
(N) Provision may be made in the applicable bond
proceedings
for the establishment of separate accounts in the
bond service
fund and for the application of such accounts only
to the
specified bond service charges on obligations pertinent to
such
accounts and bond service fund and for other accounts
therein
within the general purposes of such fund. Unless
otherwise
provided in any applicable bond proceedings, moneys to
the credit
of or in the several special funds established
pursuant to this
section shall be disbursed on the order of the
treasurer of state,
provided that no such order is required for
the payment from the
bond service fund when due of bond service
charges on obligations.
(O) The issuing authority may pledge all, or such portion
as
the issuing authority determines, of the pledged receipts to
the
payment of bond service charges on obligations issued under
this
section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions shall be controlling
notwithstanding any other provisions of law pertaining thereto.
(P) The issuing authority may covenant in the bond
proceedings, and any such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and governmental agencies of the state,
including the general assembly, so long as any obligations
are
outstanding, shall:
(1) Maintain statutory authority for and cause to be
operated the state lottery, including the transfers to and from
the lottery profits education fund created in section 3770.06 of
the Revised Code so that the pledged receipts shall be sufficient
in amount to meet bond service charges, and the establishment and
maintenance of any reserves and other requirements provided for
in
the bond proceedings;
(2) Take or permit no action, by statute or otherwise,
that
would impair the exclusion from gross income for federal
income
tax purposes of the interest on any obligations designated
by the
bond proceeding as tax-exempt obligations.
(Q) There is hereby created the school building program
bond
service fund, which shall be in the custody of the treasurer
of
state but shall be separate and apart from and not a part of
the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable
bond proceedings, consistent with this section, to be
deposited,
transferred, or credited to the school building
program bond
service fund, and all other moneys transferred or
allocated to or
received for the purposes of the fund, shall be
deposited and
credited to such fund and to any separate accounts
therein,
subject to applicable provisions of the bond
proceedings, but
without necessity for any act of appropriation,
except as required
by section 3770.06 of the Revised Code. During the period
beginning with the date of the first issuance
of obligations and
continuing during such time as any such
obligations are
outstanding, and so long as moneys in the school
building program
bond service fund are insufficient to pay all
bond service charges
on such obligations becoming due in each
year, a sufficient amount
of the moneys from the lottery profits
education fund included in
pledged receipts, subject to
appropriation for such purpose as
provided in section 3770.06 of
the Revised Code, are committed and
shall be paid to the school
building program bond service fund in
each year for the purpose
of paying the bond service charges
becoming due in that year. The school
building program bond
service fund is a trust fund and
is hereby pledged to the payment
of bond service charges solely
on obligations issued to provide
moneys for the school building
program assistance fund to the
extent provided in the applicable
bond proceedings, and payment
thereof from such fund shall be
made or provided for by the
treasurer of state in accordance with
such bond proceedings
without necessity for any act of
appropriation except as required
by section 3770.06 of the
Revised Code.
(R) The obligations, the transfer thereof, and
the income
therefrom, including any profit made on the sale thereof,
at all
times shall be free from taxation within the state.
Sec. 3318.36. (A)(1) As used in this section:
(a)
"Ohio school facilities commission,"
"classroom
facilities,"
"school district,"
"school district board,"
"net
bonded indebtedness,"
"required percentage of the basic project
costs,"
"basic project cost,"
"valuation," and
"percentile" have
the same meanings as in section
3318.01 of the Revised Code.
(b)
"Required level of indebtedness" means five per cent
of
the
school district's valuation for the year preceding the year
in
which the
commission and school district enter into an
agreement
under division
(B) of this section, plus [two
one-hundredths of
one per cent multiplied by (the percentile in
which the
district
ranks
minus one)].
(c)
"Local resources" means any moneys generated in any
manner
permitted for a school district board to raise the school
district portion of
a project undertaken
with assistance under
sections 3318.01 to 3318.20 of the Revised
Code.
(2) For purposes of determining either the required level of
indebtedness, as defined in division (A)(1)(b) of this section, or
the required percentage of the basic project costs, under division
(C)(1) of this section, the percentile ranking of a school
district with which the commission has entered into an agreement
under this section between the first day of July and the
thirty-first day of August in each fiscal year is the percentile
ranking
calculated for that district for the immediately preceding
fiscal year,
and the percentile ranking of a school district with
which the
commission has entered into such agreement between the
first day
of September and the thirtieth day of June in each
fiscal year is
the percentile ranking calculated for that district
for the
current fiscal year.
(B)(1) There is hereby established the school building
assistance
expedited local partnership program. Under the
program, the Ohio
school facilities commission may enter into an
agreement with the school
district board of any
school district
under which the
school district board may proceed with the new
construction or major repairs
of a part of
the school district's
classroom facilities needs, as determined under sections
3318.01
to 3318.20 of the Revised Code, through the expenditure
of local
resources prior to the school district's eligibility for
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code
and may apply that expenditure toward meeting
the school
district's portion of the basic project cost of the total of the
school
district's classroom facilities needs, as determined under
sections 3318.01 to
3318.20 of the Revised Code and as
recalculated under division (E) of this
section, that are eligible
for state assistance under sections
3318.01 to 3318.20 of the
Revised Code when the school
district becomes eligible for such
state assistance.
Any school district that is reasonably expected
to receive assistance under
sections 3318.01 to 3318.20
of the
Revised Code within two fiscal years from the date the
school
district adopts its resolution under division (B) of this
section
shall not be eligible to participate in the program.
(2) To participate in the program, a school district board
shall
first
adopt a resolution certifying to the commission the
board's intent to
participate in the program.
The resolution shall specify the approximate date that the
board
intends to seek elector approval of any bond or tax measures
or to apply other local
resources to use to pay the cost of
classroom facilities to be constructed under this section.
The
resolution may specify the application of local
resources
or
elector-approved bond or tax measures after the
resolution is
adopted by the board, and in
such case the board may
proceed with
a discrete portion of its project under this
section
as soon as
the commission and the controlling board have
approved
the basic
project cost of the district's classroom
facilities
needs as
specified in division (D) of this section. The board
shall submit
its resolution to the commission not later than ten
days after the
date the resolution is adopted by the board.
The commission shall not consider any resolution that is
submitted
pursuant to division (B)(2) of this section, as amended
by this
amendment, sooner than
September
14, 2000.
(3) Any project under this section shall comply with section
3318.03
of the Revised Code and with any specifications for plans
and materials for classroom facilities adopted by the commission
under
section 3318.04 of the Revised Code.
(4) If a school district that enters into an agreement
under
this section has not begun a project applying local
resources as
provided for under that agreement at the time the
district is
notified by the commission that it is eligible to
receive state
assistance under sections 3318.01 to 3318.20 of the
Revised Code,
all assessment and agreement documents entered into
under this
section are void.
(5) Only construction of or repairs to classroom facilities
that have been approved by the commission and have been therefore
included as part of a district's basic project cost qualify for
application of local resources under this section.
(C) Based on the results of the
on-site visits and
assessment conducted under division (B)(2) of
this section, the
commission shall determine the basic
project cost of the school
district's classroom
facilities needs. The commission shall
determine the school
district's portion of such basic project
cost, which shall be the
greater of:
(1) The required percentage of the basic project costs,
determined based on the school district's percentile ranking;
(2) An amount necessary to raise the school district's net
bonded
indebtedness, as of the fiscal year the commission and the
school district
enter into the agreement under division (B) of
this section, to
within five thousand dollars of the required
level of indebtedness.
(D)(1) When the commission determines the basic project cost
of
the classroom facilities needs of a school district and the
school district's
portion of that basic
project cost under
division (C) of this section,
the project shall be conditionally
approved. Such conditional
approval shall be submitted to the
controlling board for approval
thereof. The controlling board
shall forthwith approve or reject the
commission's determination,
conditional approval, and the amount
of the state's portion of the
basic project cost; however, no
state funds shall be encumbered
under this section. Upon approval
by the controlling board, the
school
district board may identify a discrete part of its
classroom facilities needs,
which shall include only new
construction of or additions or major repairs to
a particular
building, to address with local resources. Upon
identifying a
part of the school district's basic project cost to
address with
local resources, the school district board may
allocate any
available school district moneys to pay the cost of
that
identified part, including the proceeds of an issuance of bonds if
approved by
the electors of the school district.
All local resources utilized under this division shall first
be deposited
in the project construction account required under
section 3318.08 of the
Revised Code.
(2) Unless the school district board exercises its option
under
division (D)(3) of this section, for a school district to
qualify
for participation in the
program authorized under this
section,
one of the following conditions shall be
satisfied:
(a) The electors of the school
district by a majority vote
shall approve the levy of taxes outside the
ten-mill limitation
for a period of twenty-three
years
at the rate of not less than
one-half mill for each dollar of valuation
to be
used to pay the
cost of maintaining the classroom facilities
included in the basic
project cost as determined by the commission.
The form
of the
ballot to be used to
submit the question whether to approve the
tax required under this
division to the electors of the school
district shall be the form
for an additional levy of taxes
prescribed in
section 3318.361 of the Revised Code, which may be
combined in a single ballot question with the questions prescribed
under section 5705.218 of the Revised Code.
(b) As
authorized under division (C) of section 3318.05 of
the
Revised Code, the school district
board shall earmark
from the
proceeds of a permanent improvement tax levied
under
section
5705.21
of the Revised Code, an amount equivalent to the
additional
tax
otherwise required
under division (D)(2)(a) of this
section for
the maintenance of
the classroom facilities included
in the basic project cost
as
determined by the commission.
(c) As authorized under section 3318.051 of the Revised Code, the school district board shall, if approved by the commission, annually transfer into the maintenance fund required under section 3318.05 of the Revised Code the amount prescribed in section 3318.051 of the Revised Code in lieu of the tax otherwise required under division (D)(2)(a) of this section for the maintenance of the classroom facilities included in the basic project cost as determined by the commission.
(d) If the school district board has rescinded the agreement to make transfers under section 3318.051 of the Revised Code, as provided under division (F) of that section, the electors of the school district, in accordance with section 3318.063 of the Revised Code, first shall approve the levy of taxes outside the ten-mill limitation for the period specified in that section at a rate of not less than one-half mill for each dollar of valuation.
(e) The school district board shall apply the proceeds of a
tax to leverage bonds as authorized under section 3318.052 of the
Revised Code or dedicate a local donated contribution in the
manner described in division (B) of section 3318.084 of the
Revised Code in an amount equivalent to the additional tax
otherwise required under division (D)(2)(a) of this section for
the maintenance of the classroom facilities included in the basic
project cost as determined by the commission.
(3) A school district board may opt to delay taking any of the actions described in division (D)(2) of
this section
until such time as the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
In order to exercise this option, the
board
shall certify to the commission a resolution indicating the
board's
intent to do so prior to
entering into an agreement under
division (B) of this section.
(4) If pursuant to division (D)(3) of this section a
district
board
opts to delay levying an additional tax until the
district becomes eligible
for state assistance, it shall submit
the question of levying
that tax to the district electors as
follows:
(a) In accordance with section 3318.06 of the Revised
Code
if it
will also be necessary pursuant to division (E) of this
section to
submit a proposal for approval of a bond issue;
(b) In accordance with section 3318.361 of the Revised
Code
if it
is not necessary to also submit a proposal for approval of a
bond issue
pursuant to division (E) of this section.
(5) No
state assistance under sections 3318.01 to 3318.20 of
the Revised
Code shall be released until a school district
board
that adopts and certifies a resolution under division (D) of this section also demonstrates to the satisfaction of the commission compliance with the provisions of division (D)(2) of this section.
Any amount required for maintenance under division (D)(2) of
this section
shall be deposited into a separate fund as specified
in division (B) of section 3318.05 of the Revised Code.
(E)(1) If the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code
based on its percentile ranking as determined under division
(B)
of this
section, the commission shall conduct a new assessment of
the school
district's classroom facilities needs and shall
recalculate the basic project
cost based on this new assessment.
The basic project cost recalculated under
this division shall
include the amount of expenditures made by the school
district
board under division (D)(1) of this section. The commission
shall
then recalculate the school district's portion of the new basic
project
cost, which shall be the
percentage of the original basic
project cost
assigned
to the school district as its portion under
division (C) of this
section. The commission shall deduct the
expenditure of school
district moneys made under division (D)(1)
of this section
from the school district's portion of the basic
project cost as recalculated
under this division. If the amount
of
school district resources applied by the school district board
to the school
district's portion of
the basic project cost under
this section is less than the total
amount of such portion as
recalculated under this division, the school
district board by a
majority vote of all of its members shall, if
it desires to seek
state assistance under sections 3318.01 to
3318.20 of the Revised
Code, adopt a resolution as specified in
section 3318.06 of the
Revised Code to submit to the electors of
the school district the
question of approval of a bond issue in order to pay
any
additional amount of school district portion
required for state
assistance. Any tax levy approved under
division
(D) of this
section
satisfies the requirements to levy the
additional tax
under section 3318.06 of the Revised Code.
(2) If the amount of school district resources applied by
the school
district board to the school district's portion of the
basic project
cost under this section is more than the total
amount of such
portion as recalculated under this division, within
one year after the
school district's portion is recalculated under
division (E)(1) of
this section the commission may
grant to the
school district the difference between
the two
calculated
portions, but at no time shall the commission expend
any state
funds on a project in an amount greater than the state's
portion
of the basic project cost as recalculated under this
division.
Any reimbursement under this division shall be only for local
resources the school district has applied toward construction cost
expenditures for the classroom facilities approved by the
commission,
which shall not include any financing costs associated
with that
construction.
The school district board shall use any moneys reimbursed to
the
district under this division to pay off any debt service the
district
owes for classroom facilities constructed under its
project under this
section before such moneys are applied to any
other purpose. However, the district board first may deposit moneys reimbursed under this division into the district's general fund or a permanent improvement fund to replace local resources the district withdrew from those funds, as long as, and to the extent that, those local resources were used by the district for constructing classroom facilities included in the district's basic project cost.
(F) If a school district has entered into an agreement with the commission under this section and the electors of the district have approved a bond issue to pay the district's portion of the basic project cost, the district shall not be ranked in a higher percentile under section 3318.011 of the Revised Code than the percentile in which the district was ranked on the date that the bond issue was approved, regardless of the district's three-year average adjusted valuation per pupil calculated under that section for any subsequent fiscal year.
Sec. 3318.47. (A) On the effective date of this section, the director of budget and management shall transfer any amount on hand in the fund established under former section 3318.47 of the Revised Code, as that section existed prior to the effective date of this section, into the fund established under section 3318.15 of the Revised Code.
(B) On or after the effective date of this section, any amounts received from school districts in repayment of loans made under former sections 3318.47 to 3318.49, as those sections existed prior to the effective date of this section, shall be deposited into the fund established under section 3318.15 of the Revised Code.
Sec. 3319.55. (A) A grant program is hereby established to
recognize and reward teachers in public and chartered nonpublic schools who hold valid teaching
certificates or licenses issued by the national board for professional
teaching
standards. The superintendent of public instruction shall administer this
program in accordance with this section and rules which the state board of
education shall adopt in accordance with Chapter 119. of the Revised Code.
In each fiscal year that the general assembly appropriates funds for
purposes of this section, the superintendent of public instruction shall award
a grant to each person who, by the first day of April of that year
and in
accordance with the rules adopted under this section, submits to the
superintendent evidence indicating all both of the following:
(1) The person holds a valid certificate or license issued by the national
board for professional teaching standards;
(2) The person has been employed full-time as a teacher by the board of
education of a school district or by a chartered nonpublic school in this state during the current school year;
(3) The date the person was accepted into the national board certification or licensure program.
An individual may receive a grant under this section in each fiscal year the
person is eligible for a grant and submits evidence of that eligibility in
accordance with this section. No person may receive a grant after the expiration of the person's initial certification or license issued by the national board.
(B) The amount of the grant awarded to each eligible person under
division (A) of this section in any fiscal year shall equal the following:
(1) Two two
thousand five hundred dollars for any teacher accepted as a candidate for certification or licensure by the national board on or before May 31, 2003, and issued a certificate or license by the national board on or before December 31, 2004;
(2) One thousand dollars for any other teacher issued a certificate or license by the national board.
However. However, if the funds appropriated for
purposes of this section in any fiscal year are not sufficient to award the
full grant amount to each person who is eligible in that fiscal year, the superintendent shall prorate the
amount of the grant awarded in that fiscal year to each eligible person.
Sec. 3321.03. Except As used in this section and section 3321.04 of the Revised Code, "special education program" means a school or the educational agency that provides special education and related services to children with disabilities in accordance with Chapter 3323. of the Revised Code.
Except as provided in this section, the
parent of a child of compulsory school age shall cause such child
to attend a school in the school district in which the child is
entitled to attend school under division (B) or (F) of section
3313.64 or section 3313.65 of the Revised Code, to participate in
a special education program under Chapter 3323. of the Revised
Code, or to otherwise cause him the child to be instructed in
accordance with law. Every child of compulsory school age shall attend a
school or participate in a special education program that
conforms to the minimum standards prescribed by the state board
of education until the child:
(A) Receives a diploma granted by the board of education
or other governing authority, successfully completes the
curriculum of any high school, or successfully completes the
individualized education program developed for the student by any
high school pursuant to section 3323.08 Chapter 3323. of the Revised Code;
(B) Receives an age and schooling certificate as provided
in section 3331.01 of the Revised Code; or
(C) Is excused from school under standards adopted by the
state board of education pursuant to section 3321.04 of the
Revised Code, or if in need of special education, he the child
is excused from such programs pursuant to section 3321.04 of the Revised Code.
Sec. 3323.01. As used in this chapter:
(A) "Child with a disability" means a child who is at least three years of age and less than twenty-two years of age; who has mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities; and who, by reason thereof, needs special education and related services.
A "child with a disability" may include a child who is at least three years of age and less than six years of age; who is experiencing developmental delays, as defined by standards adopted by the state board of education and as measured by appropriate diagnostic instruments and procedures in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and who, by reason thereof, needs special education and related services.
(B) "County MR/DD board" means a county board of mental retardation and developmental disabilities.
(C) "Free appropriate public education" means special education and related services that meet all of the following:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2) Meet the standards of the state board of education;
(3) Include an appropriate preschool, elementary, or secondary education as otherwise provided by the law of this state;
(4) Are provided for each child with a disability in conformity with the child's individualized education program.
(D) "Homeless children" means "homeless children and youths" as defined in section 725 of the "McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11434a.
(E) "Individualized education program" or "IEP" means the written statement described in section 3323.011 of the Revised Code.
(F) "Individualized education program team" or "IEP team" means a group of individuals composed of:
(1) The parents of a child with a disability;
(2) At least one regular education teacher of the child, if the child is or may be participating in the regular education environment;
(3) At least one special education teacher, or where appropriate, at least one special education provider of the child;
(4) A representative of the school district who meets all of the following:
(a) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
(b) Is knowledgeable about the general education curriculum;
(c) Is knowledgeable about the availability of resources of the school district.
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team as described in divisions (F)(2) to (4) of this section;
(6) At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate;
(7) Whenever appropriate, the child with a disability.
(G) "Instruction in braille reading and writing" means the teaching of the system of reading and writing through touch commonly known as standard English braille.
(H) "Other educational agency" means a department, division, bureau, office, institution, board, commission, committee, authority, or other state or local agency, which is not a city, local, or exempted village school district or an agency administered by the department of mental retardation and developmental disabilities, that provides or seeks to provide special education or related services to children with disabilities. The term "other educational agency" includes a joint vocational school district.
(I) "Parent" of a child with a disability, except as used in sections 3323.09 and 3323.141 of the Revised Code, means:
(1) A natural or adoptive parent of a child but not a foster parent of a child;
(2) A guardian, but not the state if the child is a ward of the state;
(3) An individual acting in the place of a natural or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child's welfare;
(4) An individual assigned to be a surrogate parent, provided the individual is not prohibited by this chapter from serving as a surrogate parent for a child.
(J) "Preschool child with a disability" means a child with a disability who is at least three years of age but is not of compulsory school age, as defined under section 3321.01 of the Revised Code, and who is not currently enrolled in kindergarten.
(K) "Related services" means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, school health services, social work services in schools, and parent counseling and training, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. "Related services" does not include a medical device that is surgically implanted, or the replacement of such device.
(L) "School district" means a city, local, or exempted village school district.
(M) "School district of residence," as used in sections 3323.09, 3323.091, 3323.13, and 3323.14 of the Revised Code, means:
(1) The school district in which the child's natural or adoptive parents reside;
(2) If the school district specified in division (M)(1) of this section cannot be determined, the last school district in which the child's natural or adoptive parents are known to have resided if the parents' whereabouts are unknown;
(3) If the school district specified in division (M)(2) of this section cannot be determined, the school district determined under section 2151.362 of the Revised Code, or if no district has been so determined, the school district as determined by the probate court of the county in which the child resides.
(4) Notwithstanding divisions (M)(1) to (3) of this section, if a school district is required by section 3313.65 of the Revised Code to pay tuition for a child, that district shall be the child's school district of residence.
(N) "Special education" means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. "Special education" includes instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, including an early childhood education setting, and instruction in physical education.
(O) "Student with a visual impairment" means any person who is less than twenty-two years of age and who has a visual impairment as that term is defined in this section.
(P) "Transition services" means a coordinated set of activities for a child with a disability that meet all of the following:
(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education; vocational education; integrated employment (including supported employment); continuing and adult education; adult services; independent living; or community participation;
(2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests;
(3) Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
"Transition services" for children with disabilities may be special education, if provided as specially designed instruction, or may be a related service, if required to assist a child with a disability to benefit from special education.
(Q) "Visual impairment" for any individual means that one of the following applies to the individual:
(1) The individual has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision in the better eye such that the widest diameter subtends an angular distance of no greater than twenty degrees.
(2) The individual has a medically indicated expectation of meeting the requirements of division (Q)(1) of this section over a period of time.
(3) The individual has a medically diagnosed and medically uncorrectable limitation in visual functioning that adversely affects the individual's ability to read and write standard print at levels expected of the individual's peers of comparable ability and grade level.
(R) "Ward of the state" has the same meaning as in section 602(36) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1401(36).
Sec. 3323.011. As used in this chapter, "individualized education program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this definition and that includes:
(A) A statement of the child's present levels of academic achievement and functional performance, including:
(1) How the child's disability affects the child's involvement and progress in the general education curriculum;
(2) For a preschool child with a disability, as appropriate, how the disability affects the child's participation in appropriate activities;
(3) For a child with a disability who is not a preschool child and who will take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives.
(B) A statement of measurable annual goals, including academic and functional goals and, at the discretion of the department of education, short-term instructional objectives that are designed to:
(1) Meet the child's needs that result from the child's disability so as to enable the child to be involved in and make progress in the general education curriculum;
(2) Meet each of the child's other educational needs that result from the child's disability.
(C) A description of how the child's progress toward meeting the annual goals described pursuant to division (B) of this section will be measured and when periodic reports on the progress the child is making toward meeting the annual goals will be provided. Such reports may be quarterly or other periodic reports that are issued concurrent with the issuance of regular report cards.
(D) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child so that the child may:
(1) Advance appropriately toward attaining the annual goals described pursuant to division (B) of this section;
(2) Be involved in and make progress in the general education curriculum and participate in extracurricular and other nonacademic activities;
(3) Be educated with and participate with both other children with disabilities and nondisabled children in the specific activities described pursuant to division (D) of this section.
(E) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class, including an early childhood education setting, and in the activities described pursuant to division (D) of this section;
(F) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with section 612(a)(16) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412(a)(16). If the IEP team determines that the child shall take an alternate assessment on a particular state or districtwide assessment of student achievement, the IEP shall contain a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child.
(G) The projected date for the beginning of the services and modifications described pursuant to division (D) of this section and the anticipated frequency, location, and duration of those services and modifications;
(H) Beginning not later than the first IEP to be in effect when the child is sixteen years of age, and updated annually thereafter, a statement describing:
(1) Appropriate measurable post-secondary goals based upon age-appropriate transition assessments related to training, education, employment, and independent living skills;
(2) The transition services, including courses of study, needed to assist the child in reaching the goals described in division (H)(1) of this section.
(I) Beginning not later than one year before the child reaches eighteen years of age, a statement that the child has been informed of the child's rights under Title XX of the United States Code that will transfer to the child on reaching eighteen years of age in accordance with section 615(m) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1415(m).
Nothing in this section shall be construed to require that additional information be included in a child's IEP beyond the items explicitly required by this section and that the IEP team include information under one component of a child's IEP that is already contained under another component of the IEP.
Sec. 3323.011 3323.013. (A) The individualized education program
required for any student with a visual disability impairment under this
chapter shall include the following, in addition to the
statements required pursuant to division (E) of section 3323.01
3323.011 of the Revised Code:
(1) A statement that instruction in braille reading and
writing was carefully considered for the student and that
pertinent literature describing the educational benefits of
instruction in braille reading and writing was reviewed by the
persons developing the student's individualized education
program;
(2) A statement specifying the one or more reading and
writing media in which instruction is appropriate for the
student's educational needs;
(3) If instruction in braille reading and writing is
specified as appropriate for the student pursuant to division
(A)(2) of this section, a statement of the instruction in braille
reading and writing that is to be provided to the student. This
statement shall specify the date on which the instruction is to
commence, the frequency and duration of instruction sessions, the
level of competency in braille reading and writing expected to be
achieved annually, and the objective assessment measures to be
used. Whenever appropriate, the expected level of braille
competency for the student shall be to enable the student to
communicate effectively and efficiently with the same level of
proficiency expected of the student's peers of comparable ability
and grade level and the instruction in braille reading and
writing that is to be provided shall be designed accordingly.
(B) If the individualized education program for any
student with a visual disability impairment does not specify instruction in
braille reading and writing as appropriate for the student
pursuant to division (A)(2) of this section, each annual review
of that student's individualized education program, as provided
pursuant to division (C) of section 3323.08 of the Revised Code,
shall include a written statement specifying the reasons why
instruction in braille reading and writing is not appropriate for
the student.
(C)(1) No student with a visual disability impairment shall be denied
instruction in braille reading and writing pursuant to this
section solely because the student has some remaining vision or
because the student is to receive reading and writing instruction
in another medium.
(2) Nothing in this section shall be construed to require
the exclusive use of instruction through the medium of braille
reading and writing if other reading and writing media are
appropriate to a student's educational needs.
(D) Any instruction in braille reading and writing
provided to any student with a visual disability impairment pursuant to
division (A)(3) of this section shall be provided by a teacher
licensed to teach students with visual disabilities impairments.
Sec. 3323.014. If an agency other than the school district responsible for a child's IEP fails to provide the transition services described in the IEP, the school district that is responsible for the IEP shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the child's IEP.
Sec. 3323.02. It As used in this section, "IDEIA" means the "Individuals with Disabilities Education Improvement Act of 2004," Pub. L. No. 108-446.
It is the purpose of this chapter to assure
ensure that all handicapped children three to twenty-one years of age in
this state shall be provided with an with disabilities residing in this state who are at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school, have available to them a free appropriate public
education. No educational program for handicapped children shall
be operated except in accordance with procedures, standards, and
guidelines adopted by the state board of education, and no school
district, county board of mental retardation and developmental
disabilities, or other educational agency shall receive state or
federal funds for a special education program unless such program
is operated in accordance with all procedures, standards, and
guidelines adopted by the state board. The state board of
education shall establish standards for special education and
related services for all handicapped children in the state,
regardless of the severity of their handicap school district, county MR/DD board, or other educational agency shall receive state or federal funds for special education and related services unless those services for children with disabilities are provided in accordance with IDEIA and related provisions of the Code of Federal Regulations, the provisions of this chapter, rules and standards adopted by the state board of education, and any procedures or guidelines issued by the superintendent of public instruction. Any options or discretion provided to the state by IDEIA may be exercised in state law or in rules or standards adopted by the state board of education.
The state board of education shall establish rules or standards for the provision of special education and related services for all children with disabilities who are at least three years of age and less than twenty-two years of age residing in the state, regardless of the severity of their disabilities, including children with disabilities who have been suspended or expelled from school. The state law and the rules or standards of the state board of education may impose requirements that are not required by IDEIA or related provisions of the Code of Federal Regulations. The school district of residence is responsible, in all instances, for ensuring that the requirements of Part B of IDEIA are met for every eligible child in its jurisdiction, regardless of whether services are provided by another school district, other educational agency, or other agency, department, or entity, unless IDEIA or related provisions of the Code of Federal Regulations, another section of this chapter, or a rule adopted by the state board of education specifies that another school district, other educational agency, or other agency, department, or entity is responsible for ensuring compliance with Part B of IDEIA.
Notwithstanding division (A)(4) of section 3301.53 of the
Revised Code and any rules adopted pursuant to that section and
division (A) of section 3313.646 of the Revised Code, a board of
education of a school district may operate an educational program
for handicapped provide special education and related services for preschool children with disabilities in accordance with this
chapter and section 3301.52, divisions (A)(1) to (3) and (A)(5)
and (6) of section 3301.53, and sections 3301.54 to 3301.57 3301.59 of
the Revised Code.
The state board of education superintendent of public instruction may require any state or local
agency to provide documentation that programs for handicapped
children operated special education and related services for children with disabilities provided by the agency are in compliance with the
requirements of this chapter.
Not later than the first day of February of each year the
superintendent of public instruction shall furnish the chairmen
chairpersons
of the education committees of the house of representatives and
the senate with a report on the status of implementation of
programs and special education and related services for handicapped children with disabilities required by this
chapter. The report shall include but shall not be limited to
the following items: the most recent available figures on the
number of children identified as handicapped, the number of
persons placed in appropriate special education programs, and a
summary of the reasons for nonplacement of identified persons children with disabilities and the number of identified children receiving special education and related services.
The information contained in these reports shall be public
information.
Sec. 3323.03. The state board of education shall, in
consultation with the department of health, the department of mental health, and the
department of mental retardation and developmental disabilities,
establish standards and procedures for the identification,
location, and evaluation of all handicapped children with disabilities residing in the
state, including children with disabilities who are homeless children or are wards of the state and children with disabilities attending nonpublic schools, regardless of the severity of their handicap. No single
method, device, or evaluation criterion shall be the sole
criterion for determining an appropriate educational program for
a handicapped child. The state board shall require the disabilities, and who are in need of special education and related services. The state board shall develop and implement a practical method to determine which children with disabilities are currently receiving needed special education and related services.
In conducting the evaluation, the board of education of each school district shall use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the child's parent. The board of
education of each school district, in consultation with the
county boards of mental retardation and developmental
disabilities and the boards MR/DD board, the county family and children first council, and the board of alcohol, drug addiction, and
mental health services of each county in which the school
district has territory, to shall identify, locate, and evaluate all
handicapped children with disabilities residing within the district to determine
which handicapped children with disabilities are not receiving appropriate special
education and related services. In addition, the board of education of each school district, in consultation with such county boards or council, shall identify, locate, and evaluate all children with disabilities who are enrolled by their parents in nonpublic elementary and secondary schools located within the public school district, without regard to where those children reside in accordance with rules of the state board of education or guidelines of the superintendent of public instruction.
County boards of mental retardation and developmental
disabilities and boards Each county MR/DD board, county family and children first council, and board of alcohol, drug addiction, and mental
health services and their the board's or council's contract agencies may transmit to
boards of education the names and addresses of handicapped
children with disabilities who are not receiving appropriate special education and
related services.
Sec. 3323.031. The board of education of each school district shall annually
assess the reading and writing skills of each student with a visual disability
impairment enrolled in the district in each medium in which instruction is specified as
appropriate for the student pursuant to division (A)(2) of section 3323.011 3323.013 of
the Revised Code. The results of each assessment shall be provided in a
written statement that specifies the student's strengths and weaknesses in
each medium assessed.
Sec. 3323.04. The state board of education, in
consultation with the department of mental health and the
department of mental retardation and developmental disabilities,
shall establish procedures and standards for the placement of
handicapped children in appropriate educational programs development of individualized education programs for children with disabilities.
The state board shall require the board of education of
each school district to place each handicapped child three to
twenty-one years of age residing within the district in an
appropriate education program in accordance with section 3319.01
of the Revised Code, which may include instruction in regular
classes, a special education program, or any combination thereof.
Prior develop an individualized education program for each child with a disability who is at least three years of age and less than twenty-two years of age residing in the district in a manner that is in accordance with rules of the state board.
Prior to the placement of a handicapped child with a disability in a program
operated under section 3323.09 of the Revised Code, the district board of
education shall consult the county MR/DD board of mental retardation
and developmental disabilities of the county in which the child
resides. The board of education shall evaluate the educational
placement of each handicapped child at least once each year regarding the proposed placement.
A child with a disability enrolled in a nonpublic school or facility shall be provided special education and related services, in accordance with an individualized education program, at no cost for those services, if the child is placed in, or referred to, that nonpublic school or facility by the department of education or a school district.
The IEP team shall review the individualized education program of each child with a disability periodically, but at least annually, to determine whether the annual goals for the child are being achieved, and shall revise the individualized education program as appropriate.
The state board shall establish procedures and standards to
assure that to the maximum extent appropriate, handicapped
children with disabilities, including children in public or private institutions or
other care facilities, shall be educated with children who are
not handicapped disabled. Special classes, separate schools, or other removal of children with disabilities from the regular educational environment shall be used only when the nature or severity of a child's disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily.
If an agency directly affected by a placement decision
objects to such decision, an independent impartial hearing officer,
appointed by the school district and the objecting agency department of education from a
list prepared by the state department of education in
consultation with the department of mental health or the
department of mental retardation and developmental disabilities,
shall conduct a hearing to review the placement decision. The
agencies that are parties to a hearing shall divide the costs of
such hearing equally. The decision of the hearing officer shall
be final, except that any party to the hearing who is aggrieved by the findings or the decision of the hearing officer may appeal the findings or decision in accordance with division (H) of section 3323.05 of the Revised Code or the parent of any child affected by such decision or his parents may present a complaint in accordance with that section 3323.05 of the Revised Code.
Sec. 3323.041. To the extent consistent with the number and location of children with disabilities in the state who are enrolled by their parents in nonpublic elementary and secondary schools in the school district served by a board of education of a school district, provision is made for the participation of those children in the program for the education of children with disabilities which is assisted or carried out under Part B of the Individuals with Disabilities Education Improvement Act of 2004, P.L. 108-446. The district in which the nonpublic elementary or secondary school is located shall provide for such children special education and related services in accordance with Section 612(a)(10) of the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1412(a)(10) and related provisions of the Code of Federal Regulations and in accordance with any rules adopted by the state board of education or guidelines issued by the superintendent of public instruction.
Amounts to be expended for the provision of those services, including direct services to parentally placed nonpublic school children, by the school district shall be equal to a proportionate amount of federal funds made available under Part B of the Individuals with Disabilities Education Improvement Act of 2004. The school district shall exercise the following responsibilities towards parentally placed children with disabilities who attend nonpublic schools located in the school district: child find, timely and meaningful consultation, written affirmation of timely and meaningful consultation, compliance, and provision of equitable services, as provided by the Individuals with Disabilities Education Improvement Act of 2004 and related provisions of the Code of Federal Regulations and in accordance with any rules adopted by the state board of education or guidelines issued by the superintendent of public instruction.
Sec. 3323.05. The state board of education shall establish
procedures to assure ensure that handicapped children with disabilities and their parents
are guaranteed procedural safeguards in decisions under this
chapter relating to the identification, evaluation, or
educational placement of a handicapped child or the provision of
education or related services under this chapter with respect to a free appropriate public education.
The procedures shall include, but need not be limited to:
(A) An opportunity for the parents of a child with a disability to examine all relevant
records related to the child and to participate in meetings with respect to identification, evaluation, or
and educational placement of the child, and to obtain at their own
expense an independent educational evaluation of the child;
(B) Procedures to protect the rights of the child when whenever the
parents of the child are unknown or unavailable not known, an agency after making reasonable efforts cannot find the parents, or when the
child is a ward of the state, including the assignment, in
accordance with section 3323.051 of the Revised Code, of an
individual to act as a surrogate for the parents;
(C) Prior written notice to the child's parents of any
a school district's proposal or refusal to initiate or change the identification,
evaluation, or educational placement of the child, including
notice of all procedures available under this section. The state
board of education may establish procedures to provide for the
written acknowledgment by the parent of a notice of a child's
placement or change of placement. In cases when no written
acknowledgment has been obtained, notice of placement or change
of placement shall be made by certified mail. A parent's
acknowledgment under this division does not negate his rights to
present complaints and appeal a placement decision under this
section or the provision of a free appropriate education for the child. The procedures established under this division shall:
(1) Be designed to ensure that the written prior notice is in the native language of the parents, unless it clearly is not feasible to do so.
(2) Specify that the prior written notice shall include:
(a) A description of the action proposed or refused by the district;
(b) An explanation of why the district proposes or refuses to take the action and a description of each evaluation procedure, assessment, record, or report the district used as a basis for the proposed or refused action;
(c) A statement that the parents of a child with a disability have protection under the procedural safeguards and, if the notice is not in regard to an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
(d) Sources for parents to contact to obtain assistance in understanding the provisions of Part B of the "Individuals with Disabilities Education Improvement Act of 2004";
(e) A description of other options considered by the IEP team and the reason why those options were rejected;
(f) A description of the factors that are relevant to the agency's proposal or refusal.
(D) An opportunity for the child or his child's parents to
present
complaints to the superintendent of the child's school district of residence with respect to any matter relating to the identification, evaluation, or
educational placement of the child, or the provision of special
education a free appropriate public education under this chapter to the superintendent of the school
district of the child's residence. Upon presentation of a
complaint, the superintendent shall review the case, may conduct
an informal hearing, and shall notify all parties of his decision. Where the child is placed in a program
operated by a
county board of mental retardation and developmental disabilities
or other educational agency, the superintendent shall consult
with the administrator of the agency involved. Any party
aggrieved by the decision of the superintendent may present a
formal complaint in writing to the board of education.
(E) When a formal written complaint is received, an
opportunity for the aggrieved party to receive a due process
hearing conducted by an impartial hearing officer in accordance
with standards and procedures adopted by the state board of
education. No hearing shall be conducted by an employee of the
board of education or any agency involved in the education or
care of the child.
A Within twenty school days after receipt of a complaint, the district superintendent or the superintendent's designee, without undue delay and at a time and place convenient to all parties, shall review the case, may conduct an administrative review, and shall notify all parties in writing of the superintendent's or designee's decision. Where the child is placed in a program operated by a county MR/DD board or other educational agency, the superintendent shall consult with the administrator of that county MR/DD board or agency.
Any party aggrieved by the decision of the district superintendent or the superintendent's designee may file a complaint with the state board as provided under division (E) of this section, request mediation as provided under division (F) of this section, or present a due process complaint notice and request for a due process hearing in writing to the superintendent of the district, with a copy to the state board, as provided under division (G) of this section.
(E) An opportunity for a party to file a complaint with the state board of education with respect to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child. The department of education shall review and, where appropriate, investigate the complaint and issue findings.
(F) An opportunity for parents and a school district to resolve through mediation disputes involving any matter.
(1) The procedures established under this section shall ensure that the mediation process is voluntary on the part of the parties, is not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under this chapter, and is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(2) A school district may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party to encourage the use, and explain the benefits, of the mediation process to the parents. The disinterested party shall be an individual who is under contract with a parent training and information center or community parent resource center in the state or is under contract with an appropriate alternative dispute resolution entity.
(3) The department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
(4) The department shall bear the cost of the mediation process, including the costs of meetings described in division (F)(2) of this section.
(5) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(6) Discussions that occur during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding.
(7) In the case that a resolution is reached to resolve the complaint through the mediation process, the parties shall execute a legally binding agreement that sets forth the resolution and that:
(a) States that all discussions that occurred during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding;
(b) Is signed by both the parent and a representative for the school district who has the authority to bind the district;
(c) Is enforceable in any state court of competent jurisdiction or in a district court of the United States.
(G)(1) An opportunity for parents or a school district to present a due process complaint and request for a due process hearing to the superintendent of the school district of the child's residence with respect to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child. The party presenting the due process complaint and request for a due process hearing shall provide due process complaint notice to the other party and forward a copy of the notice to the state board. The due process complaint notice shall include:
(a) The name of the child, the address of the residence of the child, or the available contact information in the case of a homeless child, and the name of the school the child is attending;
(b) A description of the nature of the problem of the child relating to the proposed initiation or change, including facts relating to the problem;
(c) A proposed resolution of the problem to the extent known and available to the party at the time.
A party shall not have a due process hearing until the party, or the attorney representing the party, files a notice that meets the requirement for filing a due process complaint notice.
A due process hearing shall be conducted by an impartial hearing officer in accordance with standards and procedures adopted by the state board. A hearing officer shall not be an employee of the state board or any agency involved in the education or care of the child or a person having a personal or professional interest that conflicts with the person's objectivity in the hearing. A hearing officer shall possess knowledge of, and the ability to understand, the provisions of the "Individuals with Disabilities Education Improvement Act of 2004," federal and state regulations pertaining to that act, and legal interpretations of that act by federal and state courts; possess the knowledge and ability to conduct hearings in accordance with appropriate standard legal practice; and possess the knowledge and ability to render and write decisions in accordance with appropriate standard legal practice. The due process requirements of section 615 of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1415, apply to due process complaint notices and requests for due process hearings and to due process hearings held under division (G) of this section, including, but not limited to, timelines for requesting hearings, requirements for sufficient complaint notices, resolution sessions, and sufficiency and hearing decisions.
(2) Discussions that occur during a resolution session shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding. If a resolution to the dispute is reached at a resolution session, the parties must execute a legally binding written settlement agreement which shall state that all discussions that occurred during the resolution process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding.
(3) A party to a hearing under this division (G) of this section shall be accorded:
(1)(a) The right to be accompanied and advised by counsel and
by individuals with special knowledge or training with respect to
the problems of handicapped children with disabilities;
(2)(b) The right to present evidence and confront,
cross-examine, and compel the attendance of witnesses;
(3)(c) The right to a written or electronic verbatim record
of such the hearing;
(4)(d) The right to written findings of fact and decisions, which findings of fact and decisions shall be made available to the public consistent with the requirements relating to the confidentiality of personally identifiable data, information, and records collected and maintained by state educational agencies and local educational agencies; and shall be transmitted to the advisory panel established and maintained by the department for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the state.
(F)(H) An opportunity for any party aggrieved by the findings
and decision rendered in a hearing under division (E)(G) of this
section to appeal within forty-five days of notification of the
decision to the state board of education, which shall appoint a
reviewing state level officer who shall review the case and issue a final
order. The reviewing state level officer shall be appointed and shall review
the case in accordance with standards and procedures adopted by
the state board.
Any party aggrieved by the final order of the reviewing
state level officer may appeal the final order, in accordance with Chapter 119. of the Revised Code, within forty-five days of
after notification of the order to the court of common pleas of the
county in which the child's school district of residence is
located, under Chapter 119. of the Revised Code or to a district court of the United States within ninety days after the date of the decision of the state level review officer, as provided in section 615(i)(2) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1415(i)(2).
Sec. 3323.051. No individual shall be assigned to act as a surrogate parent for the parents of a child with a disability under
division (B) of section 3323.05 of the Revised Code if he the
individual is an employee of
the department of education or the school district or any other agency involved in the education or care of the child or if he the
individual has any interest
that conflicts with the interests of the child. If a conflict of interest
arises subsequent to the assignment of a surrogate parent, the authority that
made the assignment shall terminate it and assign another surrogate parent.
Neither the surrogate parent nor the authority that assigned him the
surrogate shall be
liable in civil damages for acts of the surrogate parent unless such acts
constitute willful or wanton misconduct.
Sec. 3323.052. Not later than January 31, 2008, the department of education shall develop a document that compares a parent's and child's rights under this chapter and 20 U.S.C. 1400 et seq. with the parent's and child's rights under the special education scholarship pilot program, established in sections 3310.51 to 3310.63 of the Revised Code, including the deadline for application for a scholarship or renewal of a scholarship and notice of that application to the child's school district, prescribed in division (C) of section 3310.52 of the Revised Code, and the provisions of divisions (A) and (B) of section 3310.53 of the Revised Code. The department shall revise that document as necessary to reflect any pertinent changes in state or federal statutory law, rule, or regulation enacted or adopted after the initial document is developed. The department and each school district shall ensure that the document prescribed in this section is included in, appended to, or otherwise distributed in conjunction with the notice required under 20 U.S.C. 1415(d), and any provision of the Code of Federal Regulations implementing that requirement, in the manner and at all the times specified for such notice in federal law or regulation. As used in this section, a "child's school district" means the school district in which the child is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
Sec. 3323.06. (A) The state board of education shall develop, implement, provide general supervision of, and assure compliance with a state plan for the following:
(1) The identification, location, and evaluation of all children with disabilities in the state;
(2) The provision of special education and related services to ensure a free appropriate public education for all children with disabilities at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school;
(3) The availability of special education and related services for children with disabilities under three years of age, as authorized by division (C) of this section and as specified in rules of the state board.
The state plan shall provide assurances that the state board has in effect policies and procedures to ensure that the state meets the conditions specified in section 612 of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412.
(B) The state board shall establish and maintain an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the state. A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities representing all ages, birth through twenty-six years of age. The advisory panel shall meet the requirements of section 612(a)(21) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412(a)(21), and related provisions of the Code of Federal Regulations. The panel shall advise the Ohio department of education of unmet needs within the state in the education of children with disabilities; comment publicly on rules proposed by that department regarding the education of children with disabilities; advise that department in developing evaluations and reporting on data to the United States secretary of education under section 618 of the act, 20 U.S.C. 1418; advise the Ohio department in developing corrective action plans to address findings identified in federal monitoring reports under Part B of the act; and advise the Ohio department in developing and implementing policies relating to the coordination of services for children with disabilities.
(C) In addition to the policies and procedures authorized under division (A) of this section, the state board may authorize school districts to establish and maintain special education and related services for children less than three years of age as specified in rules of the state board.
(D) In the exercise of its general supervisory responsibility, the state board shall monitor the implementation of Part B of the "Individuals with Disabilities Education Improvement Act of 2004" by school districts. Monitoring activities shall include, but are not limited to, focused monitoring, investigations of complaints, and technical assistance. The primary focus of the state board's monitoring activities shall be improving educational results and functional outcomes for all children with disabilities and ensuring that the state board meets the program requirements under Part B, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
Sec. 3323.07. The state board of education shall authorize the establishment
and maintenance of programs for the education of all handicapped children
three to twenty-one years of age, and may authorize such programs for
handicapped children under three years of age special education and related services for all children with disabilities who are at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school, and may authorize special education and related services for children with disabilities who are less than three years of age in accordance with rules adopted by the state board. The state board shall require
the boards of education of school districts, shall authorize the department of
mental health and the department of mental retardation and developmental
disabilities, and may authorize any other educational agency, to establish and
maintain such special educational programs education and related services in accordance with standards
adopted by the state board of education.
Sec. 3323.08. (A) Each school district shall submit a plan to the superintendent of public instruction that provides assurances that the school district will provide for the education of children with disabilities within its jurisdiction and has in effect policies, procedures, and programs that are consistent with the policies and procedures adopted by the state board of education in accordance with section 612 of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412, and that meet the conditions applicable to school districts under section 613 of that act, 20 U.S.C. 1413.
Each district's plan shall do all of the following:
(1) Provide, as specified in section 3323.11 of the Revised Code and in accordance with standards established by the state board, for an organizational structure and necessary and qualified staffing and supervision for the identification of and provision of special education and related services for children with disabilities;
(2) Provide, as specified by section 3323.03 of the Revised Code and in accordance with standards established by the state board, for the identification, location, and evaluation of all children with disabilities residing in the district, including children with disabilities who are homeless children or are wards of the state and children with disabilities attending private schools and who are in need of special education and related services. A practical method shall be developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.
(3) Provide, as specified by section 3323.07 of the Revised Code and standards established by the state board, for the establishment and maintenance of special education and related services for children with disabilities who are at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school.
(4) Provide, as specified by section 3323.04 of the Revised Code and in accordance with standards adopted by the state board, for an individualized education program for each child with a disability who is at least three years of age and less than twenty-two years of age residing within the district;
(5) Provide, as specified by section 3323.02 of the Revised Code and in accordance with standards established by the state board, for special education and related services and a free appropriate public education for every child with a disability who is at least three years of age and less than twenty-two years of age, including children with disabilities who have been suspended or expelled from school;
(6) Provide procedural safeguards and prior written notice as required under section 3323.05 of the Revised Code and the standards established by the state board;
(7) Outline the steps that have been or are being taken to comply with standards established by the state board.
(B)(1) A school district may arrange, by a cooperative agreement or contract with one or more school districts or with a cooperative education or joint vocational school district or an educational service center, to provide for the identification, location, and evaluation of children with disabilities, and to provide special education and related services for such children that meet the standards established by the state board. A school district may arrange, by a cooperative agreement or contract, for the provision of related services for children with disabilities that meet the standards established by the state board.
(2) A school district shall arrange by interagency agreement with one or more school districts or with a cooperative education or joint vocational school district or an educational service center or other providers of early learning services to provide for the identification, location, evaluation of children with disabilities of ages birth through five years of age and for the transition of children with disabilities at age three in accordance with the standards established by the state board. A school district may arrange by interagency agreement with providers of early learning services to provide special education and related services for such children that meet the standards established by the state board.
(3) If at the time an individualized education program is developed for a child a school district is not providing special education and related services required by that individualized education program, the school district may arrange by contract with a nonpublic entity for the provision of the special education and related services, provided the special education and related services meet the standards for special education and related services established by the state board and is provided within the state.
(4) Any cooperative agreement or contract under division (B)(1) or (2) of this section involving a local school district shall be approved by the governing board of the educational service center which serves that district.
(C) No plan of a local school district shall be submitted to the superintendent of public instruction until it has been approved by the superintendent of the educational service center which serves that district.
(D) Upon approval of a school district's plan by the superintendent of public instruction, the district shall immediately certify students for state funds under section 3317.03 of the Revised Code to implement and maintain such plan. The district also shall request approval of classroom units under division (B) of section 3317.05 of the Revised Code for which the district has adequately identified preschool children with disabilities and shall, in accordance with procedures adopted by the state board, request approval of units under division (C) of section 3317.05 of the Revised Code. The district shall, in accordance with guidelines adopted by the state board, identify problems relating to the provision of qualified personnel and adequate facilities, and indicate the extent to which the cost of programs required under the plan will exceed anticipated state reimbursement. Each school district shall immediately implement the identification, location, and evaluation of children with disabilities in accordance with this chapter, and shall implement those parts of the plan involving placement and provision of special education and related services.
Sec. 3323.09. (A) As used in this section:
(1)
"Home" has the meaning given in section 3313.64 of the
Revised Code;.
(2)
"Preschool child" means a child who is at least age
three
but under age six on the thirtieth day of September of an
academic
year.
(B) Each county MR/DD board shall establish special
education programs for all handicapped children with disabilities who in accordance
with section 3323.04 of the Revised Code have been placed in
special education programs operated by the county board and for
preschool children who are developmentally delayed or at risk of
being developmentally delayed. The board annually shall submit
to
the department of education a plan for the provision of these
programs and, if applicable, a request for approval of units
under
section 3317.05 of the Revised Code. The superintendent of
public
instruction shall review the plan and approve or modify it
in
accordance with rules adopted by the state board of education
under section 3301.07 of the Revised Code. The superintendent of
public instruction shall compile the plans submitted by county
boards and shall submit a comprehensive plan to the state board
of
education.
A county MR/DD board may combine transportation for
children
enrolled in
classes funded under section 3317.20 or units approved
under section 3317.05 with
transportation for children and adults
enrolled in programs and
services offered by the board under
section 5126.12 of the Revised Code.
(C) A county MR/DD board that during the school year
provided special education pursuant to this section for any
mentally handicapped child with mental disabilities under twenty-two years of age shall
prepare and submit the following reports and statements:
(1) The board shall prepare a statement for each child who
at the time of receiving such special education was a resident of
a home and was not in the legal or permanent custody of an Ohio
resident or a government agency in this state, and whose natural or adoptive parents
are not known to have been residents of this state subsequent to
the child's birth. The statement shall contain the child's name,
the name of
the child's school district of residence, the
name
of
the
county board providing the special education, and the
number
of
months, including any fraction of a month, it was
provided.
Not
later than the thirtieth day of June, the board
shall forward
a
certified copy of such statement to both the
director of mental
retardation and developmental disabilities and
to the home.
Within thirty days after its receipt of a statement, the
home
shall pay tuition to the county board computed in the manner
prescribed by section 3323.141 of the Revised Code.
(2) The board shall prepare a report for each school
district that is the school district of residence of one or more
of such children for whom statements are not required by division
(C)(1) of this section. The report shall contain the name of the
county board providing special education, the name of each child
receiving special education, the number of months, including
fractions of a month, that
the child received it, and the
name
of
the
child's school district of residence. Not later than the
thirtieth day of June, the board shall forward certified copies
of
each report to the school district named in the report, the
superintendent of public instruction, and the director of mental
retardation and developmental disabilities.
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for handicapped children with disabilities in
institutions under
their jurisdiction according to standards
adopted by the state
board of education.
(B) The superintendent of
each state institution required to provide services under division (A) of this section, and each county MR/DD board,
providing special education for handicapped preschool children with disabilities under this chapter
may apply to the
state department of education for unit funding,
which shall be
paid in accordance with sections
3317.052
and
3317.053 of the
Revised Code.
The superintendent of each state institution required to provide services under division (A) of this section may apply to the department of education for special education and related services weighted funding for handicapped children with disabilities other than handicapped preschool children with disabilities, calculated in accordance with section 3317.201 of the Revised Code.
Each county MR/DD board providing special education for handicapped children with disabilities other than handicapped preschool children with disabilities may apply to the department of education for base cost and special education and related services weighted funding calculated in accordance with section 3317.20 of the Revised Code.
(C) In addition to the authorization to apply for state funding described in division (B) of this section, each state institution required to provide services under division (A) of this section is entitled to tuition payments calculated in the manner described in division (C) of this section.
On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each handicapped child with a disability under twenty-two
years of
age who has received special education. The statement
shall
contain the child's data verification code assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code and the name of the child's school
district of residence. Within sixty days after receipt of such
statement, the department of education shall perform one of the
following:
(1) For any child except a handicapped preschool child
with a disability described in division (C)(2) of this section, pay to the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any handicapped preschool child with a disability not included in a
unit approved under division (B) of section 3317.05 of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount equal to the tuition calculated under division (B) of
section 3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 and 3317.023 of the Revised Code to the
child's school district of residence an amount equal to the
amount
paid under division (C)(2)(a) of this section.
Sec. 3323.11. Each school district shall employ, as necessary, the personnel to meet the needs of the children with disabilities enrolled in its schools. Personnel shall possess appropriate qualifications and certificates or licenses as prescribed in rules of the state board of education. Teachers shall be "highly qualified," as that term is defined in section 602(10) of the "Individuals with Disabilities Education Improvement Act of 2004," 20 U.S.C.1401(10).
Sec. 3323.12. The board of education of a school district shall provide home
instruction for handicapped children three to twenty-one with disabilities who are at least three years of age and less than twenty-two years of age and who are
unable to attend school, even with the help of special transportation. The
board may arrange for the provision of home instruction for a child by a
cooperative agreement or contract with a county MR/DD board of mental retardation
and developmental disabilities or other educational agency. For the purposes
of determining formula ADM
under section 3317.03 of the Revised
Code, five hours of home instruction shall be equivalent to attendance for
five school days.
Sec. 3323.13. (A) If a child who is a school resident of one
school district receives special education from another district,
the board of education of the district providing the education, subject to division (C) of this section,
may require the payment by the board of education of the district
of residence of a sum not to exceed one of the following, as
applicable:
(1) For any child except a handicapped preschool child
with a disability described in division (A)(2) of this section, the tuition of the
district providing the education for a child of normal needs of
the same school grade. The determination of the amount of such
tuition shall be in the manner provided for by
division (A) of section 3317.08 of the Revised Code.
(2) For any handicapped preschool child with a disability not included in a
unit approved under division (B) of section 3317.05 of the
Revised Code, the tuition of the district providing the education
for the child as calculated under division (B) of section 3317.08
of the Revised Code.
(B) The board of the district of residence may contract with
the board of another district for the transportation of such
child into any school in such other district, on terms agreed
upon by such boards. Upon direction of the state board of
education, the board of the district of residence shall pay for
the child's transportation and the tuition.
(C) The board of education of a district providing the education for a child shall be entitled to require payment from the district of residence under this section or section 3323.14 of the Revised Code only if the district providing the education has done at least one of the following:
(1) Invited the district of residence to send representatives to attend the meetings of the team developing the child's individualized education program;
(2) Received from the district of residence a copy of the individualized education program or a multi-factored multifactored evaluation developed for the child by the district of residence;
(3) Informed the district of residence in writing that the district is providing the education for the child.
As used in division (C)(2) of this section, "multi-factored multifactored evaluation" means an evaluation, conducted by a multi-disciplinary multidisciplinary team, of more than one area of the child's functioning so that no single procedure shall be the sole criterion for determining an appropriate educational program placement for the child.
Sec. 3323.14. This section does not apply to any
handicapped preschool child with a disability except if included in a unit approved
under division (B) of section 3317.05 of the Revised Code.
(A) Where a child who is a school resident of one school
district receives special education from another district and the
per capita cost to the educating district for that
child exceeds the sum of the amount received by the
educating district for that child under
division (A) of
section 3317.08 of the Revised Code and the amount
received by the district from the state board of education for that
child, then the board of
education of the district of residence shall pay to the
board of the school district that is providing the special
education such excess cost as is determined by using a
formula approved by the department of education and agreed upon in
contracts entered into by the boards of the district districts concerned at
the time the district providing such special education accepts
the child for enrollment. The department of education shall
certify the amount of the payments under Chapter 3317. of the
Revised Code for such handicapped pupils with disabilities for each school year
ending on the thirtieth day of July.
(B) In the case of a child described in division (A) of this section who has been placed in a home, as defined in section 3313.64 of the Revised Code, pursuant to the order of a court and who is not subject to section 3323.141 of the Revised Code, the district providing the child with special education and related services may charge to the child's district of residence the excess cost determined by formula approved by the department, regardless of whether the district of residence has entered into a contract with the district providing the services. If the district providing the services chooses to charge excess costs, the district may report the amount calculated under this division to the department.
(C) If a district providing special education for a child reports an amount for the excess cost of those services, as authorized and calculated under division (A) or (B) of this section, the department shall pay that amount of excess cost to the district providing the services and shall deduct that amount from the child's district of residence in accordance with division (N) of section 3317.023 of the Revised Code.
Sec. 3323.141. (A) When a child who is not in the legal
or permanent custody of an Ohio resident or a government agency
in this state and whose natural or adoptive parents are not known to have been
residents of this state subsequent to the child's birth is a
resident of a home as defined in section 3313.64 of the Revised
Code and receives special education and related services from a
school district or county MR/DD board of mental retardation and
developmental disabilities, the home shall pay tuition to the
board providing the special education.
(B) In the case of a child described in division (A) of
this section who receives special education and related services
from a school district, tuition shall be the amount determined
under division (B)(1) or (2) of this section.
(1) For a child other than a child described in division
(B)(2) of this section the tuition shall be an amount equal to the sum of
the following:
(a) Tuition as determined in the manner provided for by
division (B) of section 3317.081 of
the Revised Code for the district that provides the special education;
(b) Such excess cost as is determined by using a formula
established by rule of the department of education. The excess
cost computed in this section shall not be used as excess cost
computed under section 3323.14 of the Revised Code.
(2) For a child who is a handicapped preschool child with a disability not
included in a unit approved under division (B) of section
3317.05
of the Revised Code, the tuition shall be computed as follows:
(a) Determine the amount of the tuition of the district
providing the education for the child as calculated under
division (B) of section 3317.08 of the Revised Code;
(b) For each type of special education service included in
the computation of the amount of tuition under division (B)(2)(a)
of this section, divide the amount determined for that
computation under division (B)(2) of section 3317.08 of the
Revised Code by the total number of handicapped preschool
children with disabilities used for that computation under division (B)(3) of
section 3317.08 of the Revised Code;
(c) Determine the sum of the quotients obtained under
division (B)(2)(b) of this section;
(d) Determine the sum of the amounts determined under
divisions (B)(2)(a) and (c) of this section.
(C) In the case of a child described in division (A) of
this section who receives special education and related services
from a county MR/DD board of mental retardation and developmental
disabilities, tuition shall be the amount determined under
division (C)(1) or (2) of this section.
(1) For a child other than a child described in division
(C)(2) of this section, the tuition shall be an amount equal to
such board's per capita cost of providing special education and
related services for children at least three but
less than twenty-two years of age as determined by using a formula
established by rule of the department of mental retardation and
developmental disabilities.
(2) For a child who is a handicapped preschool child with a disability not
included in a unit approved under division (B) of section
3317.05
of the Revised Code, the tuition shall equal the sum of the
amounts of each such board's per capita cost of providing each of
the special education or related service that the child receives.
The calculation of tuition shall be made by using a formula
established by rule of the department of mental retardation and
developmental disabilities. The formula for the calculation of
per capita costs under division (C)(2) of this section shall be
based only on each such MR/DD board's cost of providing each
type of special education or related service to handicapped preschool
children with disabilities not included in a unit approved under division (B)
of
section 3317.05 of the Revised Code.
(D) If a home fails to pay the tuition required under this
section, the board of education or county MR/DD board of mental retardation
and developmental disabilities providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the time spent preparing
and presenting the case by the prosecuting attorney, director, or a
designee of either, shall be deposited in the county or city general fund.
Sec. 3323.142. This section does not apply to any
handicapped preschool child with a disability except if included in a unit approved
under division (B) of section 3317.05 of the Revised Code.
As used in this section, "per pupil amount" for a handicapped preschool
child with a disability included in such an approved unit means the
amount determined by dividing the amount received for the
classroom unit in which the child has been placed by the
number of
children in the unit. For any other child, "per pupil amount" means the
amount paid for the child under section 3317.20 of the Revised
Code.
When a school district places or has placed a child with a
county MR/DD board for special education, but another district is
responsible for tuition under section 3313.64 or 3313.65 of the
Revised Code and the child is not a resident of the territory
served by the county MR/DD board, the board may charge the
district responsible for tuition with the educational costs in
excess of the per pupil amount received by the board under
Chapter 3317. of the Revised Code. The amount of the excess cost
shall be determined by the formula established by rule of the
department of education under section 3323.14 of the Revised
Code, and the payment for such excess cost shall be made by the
school district directly to the county MR/DD board.
A school district board of education and the county MR/DD
board that serves the school district may negotiate and contract,
at or after the time of placement, for payments by the board of
education to the county MR/DD board for additional services
provided to a child placed with the county MR/DD board and whose
individualized education program established pursuant to section
3323.08 of the Revised Code requires additional services that are
not routinely provided children in the county MR/DD board's
program but are necessary to maintain the child's enrollment and
participation in the program. Additional services may include,
but are not limited to, specialized supplies and equipment for
the benefit of the child and instruction, training, or assistance
provided by staff members other than staff members for which
funding is received under
Chapter 3317. of the Revised Code.
Sec. 3323.143. If a handicapped child's child with a disability's custodial parent has made a unilateral placement of the child, the parent shall be responsible for payment of tuition to the program or facility the child is attending as a result of that placement as long as the district of residence has offered a free appropriate public education to that child. As used in this section, "unilateral placement" means withdrawing a handicapped child with a disability from a program or facility operated by the district of residence or from a program or facility with which the district of residence has arranged for education of the child and instead enrolling that child in another program or facility that is not a home, as defined in section 3313.64 of the Revised Code, or that is not a facility or program available to the child pursuant to an open enrollment policy under section 3313.98 or 3313.983 of the Revised Code.
Sec. 3323.15. The state board of education may arrange to pay to any board of
education, the board for any handicapped children with disabilities who are not residents of the
district but for whom the district is providing special education. Payments
shall be made in accordance with rules and standards of the state board of
education.
Sec. 3323.17. The department of education shall:
(A) Provide supervision and technical assistance to school
districts in all accepted methods of educating handicapped
children with disabilities who are deaf or hard of hearing have hearing impairments, including the oral,
manual, and total communication methods, with no demonstrable
bias toward any one method over another;
(B) Consult with employees of school districts and
chartered nonpublic schools who confer with the parents of deaf
or hard of hearing handicapped impaired children about such their children's
education;
(C) Consult with chartered nonpublic schools and consult
with and provide technical assistance to school districts that
are or may be interested in integrating sign language into their
curricula and that offer or may be interested in offering
American sign language as a foreign language;
(D) Consult with school districts and chartered nonpublic
schools that use interpreters in classrooms and with any other
interested school districts or chartered nonpublic schools about
how to obtain the best interpreters and how interpreters can
improve their skills.
Sec. 3323.18. If any special education program provided pursuant to this
chapter or Chapter 3325. of the Revised Code serves a student with a visual
disability impairment for whom instruction in braille reading and writing is specified as
appropriate pursuant to division (A)(2) of section 3323.011 of the Revised
Code, the entity providing the program shall integrate the use of braille
reading and writing into the student's entire curriculum and other classroom
activities in such a manner that braille reading and writing becomes an
effective learning tool for the student.
Sec. 3323.20. On July 1, 2006, and on each first day of July thereafter, the department of education shall electronically report to the general assembly the number of handicapped preschool children with disabilities who received services for which the department made a payment to any provider during the previous fiscal year, disaggregated according to each area of developmental deficiency identified by the department for the evaluation of such children.
Sec. 3323.30. The Ohio center for autism and low incidence is hereby established within the department of education's office for exceptional children, or any successor of that office. The center shall administer programs and coordinate services for infants, preschool and school-age children, and adults with autism and low incidence disabilities. The center's principal focus shall be programs and services for persons with autism. The center shall be under the direction of an executive director, appointed by the superintendent of public instruction in consultation with the advisory board established under section 3323.31 of the Revised Code. The department shall use state and federal funds appropriated to the department for operation of the center.
As used in this section and in sections 3323.31 to 3323.33 of the Revised Code, "autism and low incidence disabilities" includes any of the following:
(B) Deafness or hearing handicap Hearing impairment;
(C) Multihandicap Multiple disabilities;
(D) Orthopedic handicap disability;
(E) Other health handicap impairment;
(F) Traumatic brain injury;
(G) Visual disability impairment.
Sec. 3325.011. Subject to the regulations adopted by the state board of
education, the state school for the deaf shall be open to receive persons who
are deaf, partially deaf, and both blind and deaf residents of this state,
who, in the judgment of the superintendent of public instruction and the
superintendent of the school for the deaf, due to such handicap disability, cannot be
educated in the public school system and are suitable persons to receive
instructions according to the methods employed in such school. The
superintendent of the school for the deaf may pay the expenses necessary for
the instruction of children who are both blind and deaf, who are resident of
this state, in any suitable institution.
Sec. 3325.02. Subject to the regulations adopted by the state board of
education, the state school for the blind shall be open to receive such blind
and partially blind persons, residents of this state, who, in the judgment of
the superintendent of public instruction and the superintendent of the school
for the blind, due to such handicap disability, cannot be educated in the public school
system and are suitable persons to receive instructions according to the
methods employed in such school.
Sec. 3327.01. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3327.011, 3327.012, and 3327.02 of
the Revised
Code do not apply to any joint vocational or
cooperative
education school district.
In all city, local, and exempted village school districts
where resident school pupils in grades kindergarten through eight
live more than two miles from the school for which the state
board
of education prescribes minimum standards pursuant to
division (D)
of section 3301.07 of the Revised Code and to which
they are
assigned by the board of education of the district of
residence or
to and from the nonpublic
or community school which they attend
the board of education shall provide transportation for such
pupils to and from such school except
as provided in
section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts where pupil transportation is required under a career-technical plan approved by the state board of education under section 3313.90 of the Revised Code, for any student attending a career-technical program operated by another school district, including a joint vocational school district, as prescribed under that section, the board of education of the student's district of residence shall provide transportation from the public high school operated by that district to which the student is assigned to the career-technical program.
In all city, local, and exempted village school districts
the
board may provide transportation for resident school pupils
in
grades nine through twelve to and from the high school to
which
they are assigned by the board of education of the district
of
residence or to and from the
nonpublic or community
high school which they
attend for which the state board of
education prescribes minimum
standards pursuant to division (D) of
section 3301.07 of the
Revised Code.
A board of education shall not be required to transport
elementary or high school pupils to and from a
nonpublic or community school
where such transportation would
require more than thirty minutes
of direct travel time as measured
by school bus from the
public school building to which the pupils would be assigned if attending the public school designated by the
district of residence.
Where it is impractical to transport a pupil by school
conveyance, a board of education may
offer payment, in lieu of
providing such
transportation
in accordance with section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts
the
board shall provide transportation for all children who are
so
crippled disabled that they are unable to walk to and from the school
for
which the state board of education prescribes minimum
standards
pursuant to division (D) of section 3301.07 of the
Revised Code
and which they attend. In case of dispute whether
the child is
able to walk to and from the school, the health
commissioner shall
be the judge of such ability. In all city,
exempted village, and
local school districts the board shall
provide transportation to
and from school or special education
classes for educable mentally
retarded children in accordance
with standards adopted by the
state board of education.
When transportation of pupils is provided the conveyance
shall be run on a time schedule that shall be adopted and put in
force by the board not later than ten days after the beginning of
the school term.
The cost of any transportation service authorized by this
section shall be paid first out of federal funds, if any,
available for the purpose of pupil transportation, and secondly
out of state appropriations, in accordance with regulations
adopted by the state board of education.
No transportation of any pupils shall be provided by any
board of education to or from any school which in the selection
of
pupils, faculty members, or employees, practices
discrimination
against any person on the grounds of race, color,
religion, or
national origin.
Sec. 3327.05. (A) Except as provided in division (B) of
this section, no board of education of any school district shall
provide transportation for any pupil who is a school resident of
another school district unless the pupil is enrolled pursuant to
section 3313.98 of the Revised Code or the board of the other
district has given its written consent thereto. If the board of
any school district files with the state board of education a
written complaint that transportation for resident pupils is
being provided by the board of another school district contrary
to this division, the state board of education shall make an
investigation of such complaint. If the state board of education
finds that transportation is being provided contrary to this
section, it may withdraw from state funds due the offending
district any part of the amount that has been approved for
transportation pursuant to division (D) of section
3317.022 of
the Revised Code.
(B) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this
division does not apply to any joint vocational or cooperative
education school district.
A board of education may provide transportation to and from
the nonpublic high school of attendance if both of the following
apply:
(1) The parent, guardian, or other person in charge of the
pupil agrees to pay the board for all costs incurred in providing
the transportation that are not reimbursed pursuant to Chapter
3317. of the Revised Code;
(2) The pupil's school district of residence does not
provide transportation for public school pupils of the same grade
as the pupil being transported under this division, or that district is not required under section 3327.01 of the Revised Code to transport the pupil to and from the nonpublic school because the direct travel time to the nonpublic school is more than thirty minutes.
Upon receipt of the request to provide transportation, the board shall review the request and determine whether the board will accommodate the request. If the board agrees to transport the pupil, the board may transport the pupil to and from the nonpublic school and a collection point in the district, as determined by the board. If the board transports the pupil, the board may include the pupil in the district's transportation ADM reported to the department of education under section 3317.03 of the Revised Code and, accordingly, may receive a state payment under division (D) of section 3317.022 of the Revised Code for transporting the pupil.
If the board declines to transport the pupil, the board, in a written communication to the parent, guardian, or other person in charge of the pupil, shall state the reasons for declining the request.
Sec. 3327.16. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative education school district or its superintendent.
(A) The superintendent of each school district may
establish a volunteer bus rider assistance program, under which
qualified adults or responsible older pupils, as determined by
the superintendent, may be authorized to ride on school buses
with pupils during such periods of time that the buses are being
used to transport pupils to and from schools. Volunteers shall
not be compensated for their services, but older pupils may be
excused early from school to participate in the program.
Volunteers may be assigned duties or responsibilities by
the superintendent, including but not limited to, assisting
younger pupils in embarking and disembarking from buses and in
crossing streets where necessary to ensure the safety of the
pupil, aiding the driver of the bus to maintain order on buses,
assisting handicapped pupils with disabilities, and such other activities as the
superintendent determines will aid in the safe and efficient
transportation of pupils.
Volunteers serving under this section are not employees for
purposes of Chapter 4117. or 4123. of the Revised Code. Nothing
in this section shall authorize a board of education to adversely
affect the employment of any employee of the board.
(B) The board of education of each city, local, or
exempted village school district shall present a program to all
pupils in kindergarten through third grade who are offered school
bus transportation and who have not previously attended such
program. The program shall consist of instruction in bus rider
behavior, school bus safety, and the potential problems and
hazards associated with school bus ridership. The department of
education shall prescribe the content and length of such program,
which shall be presented within two weeks after the commencement
of classes each school year.
Sec. 3327.17. The department of development shall establish a biodiesel school bus program under which the director of development shall make grants to school districts that use biodiesel fuel for pupil transportation to help offset incremental costs incurred by using biodiesel instead of one hundred per cent petroleum diesel.
As used in this section, "biodiesel" has the same meaning as in section 122.075 of the Revised Code.
Sec. 3333.04. The chancellor of the Ohio board of regents shall:
(A) Make studies of state policy in the field of higher
education and formulate a master plan for higher education for
the
state, considering the needs of the people, the needs of the
state, and the role of individual public and private institutions
within the state in fulfilling these needs;
(B)(1) Report annually to the governor and the general
assembly on the findings from the chancellor's studies and the master plan for
higher education for the state;
(2) Report at least semiannually to the general assembly and
the
governor the enrollment numbers at each state-assisted
institution of higher
education.
(C) Approve or disapprove the establishment of new
branches
or academic centers of state colleges and universities;
(D) Approve or disapprove the establishment of state
technical colleges or any other state institution of higher
education;
(E) Recommend the nature of the programs, undergraduate,
graduate, professional, state-financed research, and public
services which should be offered by the state colleges,
universities, and other state-assisted institutions of higher
education in order to utilize to the best advantage their
facilities and personnel;
(F) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education graduate or
professional programs, including, but not limited to, doctor of
philosophy, doctor of education, and juris doctor programs, that
could be eliminated because they constitute unnecessary
duplication, as shall be determined using the process developed
pursuant to this division, or for other good and sufficient cause.
Prior to recommending a program for elimination, the chancellor shall request the board of regents to hold at least one public hearing on the matter and advise the chancellor on whether the program should be recommended for elimination. The board shall provide notice of each hearing within a reasonable amount of time prior to its scheduled date. Following the hearing, the board shall issue a recommendation to the chancellor. The chancellor shall consider the board's recommendation but shall not be required to accept it.
For purposes of determining the amounts of any state
instructional
subsidies paid to state colleges, universities, and other state-assisted
institutions of higher education,
the chancellor may exclude students enrolled in any
program that the
chancellor has recommended for elimination pursuant
to this division
except that the chancellor shall not exclude any such
student who
enrolled in the program prior to the date on which
the chancellor
initially commences to exclude students under this
division.
The chancellor and state colleges, universities,
and other state-assisted
institutions of higher education shall jointly develop a process for determining
which
existing graduate or professional programs constitute
unnecessary
duplication.
(G) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education programs
which
should be added to their present programs;
(H) Conduct studies for the state colleges, universities,
and other state-assisted institutions of higher education to
assist them in making the best and most efficient use of their
existing facilities and personnel;
(I) Make recommendations to the governor and general
assembly concerning the development of state-financed capital
plans for higher education; the establishment of new state
colleges, universities, and other state-assisted institutions of
higher education; and the establishment of new programs at the
existing state colleges, universities, and other institutions of
higher education;
(J) Review the appropriation requests of the public
community colleges and the state colleges and universities and
submit to the office of budget and management and to the
chairpersons of the finance committees of the house of
representatives
and of the senate the chancellor's recommendations in regard to
the biennial higher
education appropriation for the state,
including appropriations
for the individual state colleges and
universities and public
community colleges. For the purpose of
determining the amounts
of instructional subsidies to be paid to
state-assisted colleges
and universities, the chancellor shall define
"full-time equivalent
student" by program per academic year. The
definition may take
into account the establishment of minimum
enrollment levels in
technical education programs below which
support allowances will
not be paid. Except as otherwise provided
in this section, the
chancellor shall make no change in the definition
of "full-time
equivalent student" in effect on November 15, 1981,
which would
increase or decrease the number of subsidy-eligible
full-time
equivalent students, without first submitting a fiscal
impact
statement to the president of the senate, the speaker of
the
house of representatives,
the
legislative service commission, and the director of budget and
management. The chancellor shall work in close cooperation with the
director of budget and management in this respect and in all
other
matters concerning the expenditures of appropriated funds
by state
colleges, universities, and other institutions of higher
education.
(K) Seek the cooperation and advice of the officers and
trustees of both public and private colleges, universities, and
other institutions of higher education in the state in performing
the chancellor's duties and making the chancellor's plans, studies, and recommendations;
(L) Appoint advisory committees consisting of persons
associated with public or private secondary schools, members of
the state board of education, or personnel of the state
department
of education;
(M) Appoint advisory committees consisting of college and
university personnel, or other persons knowledgeable in the field
of higher education, or both, in order to obtain their advice and
assistance in defining and suggesting solutions for the problems
and needs of higher education in this state;
(N) Approve or disapprove all new degrees and new degree
programs at all state colleges, universities, and other
state-assisted institutions of higher education;
(O) Adopt such rules as are necessary to carry out the chancellor's
duties and responsibilities. The rules shall prescribe procedures for the chancellor to follow when taking actions associated with the chancellor's duties and responsibilities and shall indicate which types of actions are subject to those procedures. The procedures adopted under this division shall be in addition to any other procedures prescribed by law for such actions. However, if any other provision of the Revised Code or rule adopted by the chancellor prescribes different procedures for such an action, the procedures adopted under this division shall not apply to that action to the extent they conflict with the procedures otherwise prescribed by law. The procedures adopted under this division shall include at least the following:
(1) Provision for public notice of the proposed action;
(2) An opportunity for public comment on the proposed action, which may include a public hearing on the action by the board of regents;
(3) Methods for parties that may be affected by the proposed action to submit comments during the public comment period;
(4) Submission of recommendations from the board of regents regarding the proposed action, at the request of the chancellor;
(5) Written publication of the final action taken by the chancellor and the chancellor's rationale for the action;
(6) A timeline for the process described in divisions (O)(1) to (5) of this section.
(P) Establish and submit to the governor and the general
assembly a clear and measurable set of goals and timetables for
their achievement for each program under the chancellor's supervision that is designed to accomplish any of the following:
(1) Increased access to higher education;
(5) Excellence in higher education;
(6) Reduction in the number of graduate programs within
the
same subject area.
In July of each odd-numbered year, the chancellor
shall
submit to the governor and the general assembly a report on
progress made toward these goals.
(Q) Make recommendations to the governor and the general
assembly regarding the design and funding of the student
financial
aid programs specified in sections 3333.12, 3333.122, 3333.21 to
3333.27,
and 5910.02 of the Revised Code;
(R) Participate in education-related state or federal
programs on behalf of the state and assume responsibility for the
administration of such programs in accordance with applicable
state or federal law;
(S) Adopt rules for student financial
aid programs as
required by sections 3333.12, 3333.122, 3333.21 to
3333.27, 3333.28,
3333.29, and 5910.02 of the
Revised Code, and perform any other
administrative functions assigned to the chancellor by those
sections;
(T) Administer contracts
under sections 3702.74 and 3702.75
of the
Revised Code in accordance with rules
adopted by the
director of health under section 3702.79 of the
Revised Code;
(U) Conduct enrollment audits of state-supported
institutions of
higher education;
(V) Appoint consortiums of college and university personnel
to
participate in the development and operation of statewide
collaborative
efforts, including the Ohio supercomputer center,
the Ohio
academic resources network, OhioLink, and the
Ohio
learning network. For each consortium, the chancellor shall designate
a
college
or university to serve as that consortium's fiscal
agent,
financial officer, and employer. Any funds appropriated for the consortiums shall be distributed to the fiscal
agents
for the operation of the consortiums. A consortium shall
follow
the rules of the college or university that serves as its
fiscal
agent.
(W) Adopt rules establishing advisory duties and responsibilities of the board of regents not otherwise prescribed by law;
(X) Respond to requests for information about higher education from members of the general assembly and direct staff to conduct research or analysis as needed for this purpose.
Sec. 3333.122. (A) As used in this section:
(1)
"Eligible student" means a student who
is:
(a) An Ohio resident who first enrolls in an undergraduate program in the 2006-2007 academic year or thereafter;
(b) Enrolled If the student first enrolled in an undergraduate program in the 2006-2007 or 2007-2008 academic year, the student is enrolled in either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization
pursuant to Chapter 1713. of the Revised Code,
has a
certificate
of registration from the state board of
career colleges and schools and program authorization
to award an
associate or
bachelor's degree, or is a private
institution exempt
from
regulation under Chapter 3332. of the
Revised Code as
prescribed
in section 3333.046 of the Revised
Code. Students who
attend an
institution that holds a certificate
of registration
shall be
enrolled in a program leading to an
associate or
bachelor's
degree
for which associate or bachelor's
degree program
the
institution
has program authorization issued
under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964.
(c) If the student first enrolled in an undergraduate program after the 2007-2008 academic year, the student is enrolled in either of the following:
(i) An accredited institution of higher education in this state that meets the requirements of Title VI of the Civil Rights Act of 1964 and is state-assisted, is nonprofit and has a certificate of authorization pursuant to Chapter 1713. of the Revised Code, or is a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code;
(ii) An education program of at least two years duration sponsored by a private institution of higher education in this state that meets the requirements of Title VI of the Civil Rights Act of 1964 and has a certificate of authorization pursuant to Chapter 1713. of the Revised Code.
(2) A student who participated in either the early college high school program administered by the department of education or in the post-secondary enrollment options program pursuant to Chapter 3365. of the Revised Code before the 2006-2007 academic year shall not be excluded from eligibility for a needs-based financial aid grant under this section.
(3)
"Resident," "expected family contribution" or "EFC," "full-time student," "three-quarters-time student," "half-time student," "one-quarter-time student," and
"accredited" shall be defined by
rules adopted by the chancellor of the Ohio board of regents.
(B) The chancellor shall establish and
administer
a needs-based financial aid program based on the United States department of education's method of determining financial need and may adopt rules to
carry out
this section. The program shall be known as the Ohio college opportunity grant program. The general assembly shall support the
needs-based financial aid program by such sums and in such manner as it
may provide, but the chancellor may also receive funds from other
sources to support the program. If the amounts available for
support of the program are inadequate to provide grants to all
eligible students, preference in the payment of grants shall be
given in terms of expected family contribution, beginning with the lowest expected family contribution
category and proceeding upward by category to the
highest expected family contribution category.
A needs-based financial aid grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
needs-based financial aid grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the chancellor, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(a) and (b)
of this section. Needs-based financial aid grants
shall be provided
to an eligible student only as long as the
student is making
appropriate progress toward a nursing diploma or
an associate or
bachelor's degree. No
student shall be eligible
to receive a grant for more than ten
semesters, fifteen quarters,
or the equivalent of five academic
years. A grant made to an
eligible student on the basis of less
than full-time enrollment
shall be based on the number of credit
hours for which the student
is enrolled and shall be computed in
accordance with a formula
adopted by the chancellor. No student
shall receive more than one
grant on the basis of less than
full-time enrollment.
A needs-based financial aid grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
As used in the tables in division (C) of this section:
(1) "Private institution" means an institution that is nonprofit and has a certificate of authorization pursuant to Chapter 1713. of the Revised Code.
(2) "Career college" means either an institution that holds a certificate of registration from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code.
Full-time students shall be eligible to receive awards according to the following table:
Full-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$300 |
|
$600 |
|
$480 |
|
2,001 |
|
2,100 |
|
402 |
|
798 |
|
642 |
|
1,901 |
|
2,000 |
|
498 |
|
1,002 |
|
798 |
|
1,801 |
|
1,900 |
|
600 |
|
1,200 |
|
960 |
|
1,701 |
|
1,800 |
|
702 |
|
1,398 |
|
1,122 |
|
1,601 |
|
1,700 |
|
798 |
|
1,602 |
|
1,278 |
|
1,501 |
|
1,600 |
|
900 |
|
1,800 |
|
1,440 |
|
1,401 |
|
1,500 |
|
1,002 |
|
1,998 |
|
1,602 |
|
1,301 |
|
1,400 |
|
1,098 |
|
2,202 |
|
1,758 |
|
1,201 |
|
1,300 |
|
1,200 |
|
2,400 |
|
1,920 |
|
1,101 |
|
1,200 |
|
1,302 |
|
2,598 |
|
2,082 |
|
1,001 |
|
1,100 |
|
1,398 |
|
2,802 |
|
2,238 |
|
901 |
|
1,000 |
|
1,500 |
|
3,000 |
|
2,400 |
|
801 |
|
900 |
|
1,602 |
|
3,198 |
|
2,562 |
|
701 |
|
800 |
|
1,698 |
|
3,402 |
|
2,718 |
|
601 |
|
700 |
|
1,800 |
|
3,600 |
|
2,280 |
|
501 |
|
600 |
|
1,902 |
|
3,798 |
|
3,042 |
|
401 |
|
500 |
|
1,998 |
|
4,002 |
|
3,198 |
|
301 |
|
400 |
|
2,100 |
|
4,200 |
|
3,360 |
|
201 |
|
300 |
|
2,202 |
|
4,398 |
|
3,522 |
|
101 |
|
200 |
|
2,298 |
|
4,602 |
|
3,678 |
|
1 |
|
100 |
|
2,400 |
|
4,800 |
|
3,840 |
|
0 |
|
0 |
|
2,496 |
|
4,992 |
|
3,996 |
Three-quarters-time students shall be eligible to receive awards according to the following table:
Three-Quarters-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$228 |
|
$450 |
|
$360 |
|
2,001 |
|
2,100 |
|
300 |
|
600 |
|
480 |
|
1,901 |
|
2,000 |
|
372 |
|
750 |
|
600 |
|
1,801 |
|
1,900 |
|
450 |
|
900 |
|
720 |
|
1,701 |
|
1,800 |
|
528 |
|
1,050 |
|
840 |
|
1,601 |
|
1,700 |
|
600 |
|
1,200 |
|
960 |
|
1,501 |
|
1,600 |
|
678 |
|
1,350 |
|
1,080 |
|
1,401 |
|
1,500 |
|
750 |
|
1,500 |
|
1,200 |
|
1,301 |
|
1,400 |
|
822 |
|
1,650 |
|
1,320 |
|
1,201 |
|
1,300 |
|
900 |
|
1,800 |
|
1,440 |
|
1,101 |
|
1,200 |
|
978 |
|
1,950 |
|
1,560 |
|
1,001 |
|
1,100 |
|
1,050 |
|
2,100 |
|
1,680 |
|
901 |
|
1,000 |
|
1,128 |
|
2,250 |
|
1,800 |
|
801 |
|
900 |
|
1,200 |
|
2,400 |
|
1,920 |
|
701 |
|
800 |
|
1,272 |
|
2,550 |
|
2,040 |
|
601 |
|
700 |
|
1,350 |
|
2,700 |
|
2,160 |
|
501 |
|
600 |
|
1,428 |
|
2,850 |
|
2,280 |
|
401 |
|
500 |
|
1,500 |
|
3,000 |
|
2,400 |
|
301 |
|
400 |
|
1,578 |
|
3,150 |
|
2,520 |
|
201 |
|
300 |
|
1,650 |
|
3,300 |
|
2,640 |
|
101 |
|
200 |
|
1,722 |
|
3,450 |
|
2,760 |
|
1 |
|
100 |
|
1,800 |
|
3,600 |
|
2,880 |
|
0 |
|
0 |
|
1,872 |
|
3,744 |
|
3,000 |
Half-time students shall be eligible to receive awards according to the following table:
Half-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$150 |
|
$300 |
|
$240 |
|
2,001 |
|
2,100 |
|
204 |
|
402 |
|
324 |
|
1,901 |
|
2,000 |
|
252 |
|
504 |
|
402 |
|
1,801 |
|
1,900 |
|
300 |
|
600 |
|
480 |
|
1,701 |
|
1,800 |
|
354 |
|
702 |
|
564 |
|
1,601 |
|
1,700 |
|
402 |
|
804 |
|
642 |
|
1,501 |
|
1,600 |
|
450 |
|
900 |
|
720 |
|
1,401 |
|
1,500 |
|
504 |
|
1,002 |
|
804 |
|
1,301 |
|
1,400 |
|
552 |
|
1,104 |
|
882 |
|
1,201 |
|
1,300 |
|
600 |
|
1,200 |
|
960 |
|
1,101 |
|
1,200 |
|
654 |
|
1,302 |
|
1,044 |
|
1,001 |
|
1,100 |
|
702 |
|
1,404 |
|
1,122 |
|
901 |
|
1,000 |
|
750 |
|
1,500 |
|
1,200 |
|
801 |
|
900 |
|
804 |
|
1,602 |
|
1,284 |
|
701 |
|
800 |
|
852 |
|
1,704 |
|
1,362 |
|
601 |
|
700 |
|
900 |
|
1,800 |
|
1,440 |
|
501 |
|
600 |
|
954 |
|
1,902 |
|
1,524 |
|
401 |
|
500 |
|
1,002 |
|
2,004 |
|
1,602 |
|
301 |
|
400 |
|
1,050 |
|
2,100 |
|
1,680 |
|
201 |
|
300 |
|
1,104 |
|
2,202 |
|
1,764 |
|
101 |
|
200 |
|
1,152 |
|
2,304 |
|
1,842 |
|
1 |
|
100 |
|
1,200 |
|
2,400 |
|
1,920 |
|
0 |
|
0 |
|
1,248 |
|
2,496 |
|
1,998 |
One-quarter-time students shall be eligible to receive awards according to the following table:
One-Quarter-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$78 |
|
$150 |
|
$120 |
|
2,001 |
|
2,100 |
|
102 |
|
198 |
|
162 |
|
1,901 |
|
2,000 |
|
126 |
|
252 |
|
198 |
|
1,801 |
|
1,900 |
|
150 |
|
300 |
|
240 |
|
1,701 |
|
1,800 |
|
174 |
|
348 |
|
282 |
|
1,601 |
|
1,700 |
|
198 |
|
402 |
|
318 |
|
1,501 |
|
1,600 |
|
228 |
|
450 |
|
360 |
|
1,401 |
|
1,500 |
|
252 |
|
498 |
|
402 |
|
1,301 |
|
1,400 |
|
276 |
|
552 |
|
438 |
|
1,201 |
|
1,300 |
|
300 |
|
600 |
|
480 |
|
1,101 |
|
1,200 |
|
324 |
|
648 |
|
522 |
|
1,001 |
|
1,100 |
|
348 |
|
702 |
|
558 |
|
901 |
|
1,000 |
|
378 |
|
750 |
|
600 |
|
801 |
|
900 |
|
402 |
|
798 |
|
642 |
|
701 |
|
800 |
|
426 |
|
852 |
|
678 |
|
601 |
|
700 |
|
450 |
|
900 |
|
720 |
|
501 |
|
600 |
|
474 |
|
948 |
|
762 |
|
401 |
|
500 |
|
498 |
|
1,002 |
|
798 |
|
301 |
|
400 |
|
528 |
|
1,050 |
|
840 |
|
201 |
|
300 |
|
552 |
|
1,098 |
|
882 |
|
101 |
|
200 |
|
576 |
|
1,152 |
|
918 |
|
1 |
|
100 |
|
600 |
|
1,200 |
|
960 |
|
0 |
|
0 |
|
624 |
|
1,248 |
|
1,002 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree.
(F)(1) Except as provided in division (F)(2) of this
section, no grant shall be made to any student for enrollment
during a fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
chancellor
shall adopt rules requiring institutions to provide
information
regarding an appeal to the chancellor.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The chancellor shall adopt rules for the notification
of all
institutions whose students will be ineligible to
participate in
the grant program pursuant to division
(F)(1) of this section.
(4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution.
(G) Institutions of higher education that enroll students
receiving needs-based financial aid grants under this section shall report to
the chancellor all students who have received needs-based financial aid
grants but
are no longer eligible for all or part of such grants
and shall
refund any moneys due the state within thirty days
after the
beginning of the quarter or term immediately following
the quarter
or term in which the student was no longer eligible
to receive all
or part of the student's grant. There shall
be an interest
charge
of one per cent per month on all moneys due and payable
after such
thirty-day period. The chancellor shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
Sec. 3333.201. The chancellor of the Ohio board of regents shall require any college or university that offers classes at a technical college that is co-located with a university branch to pay a share of the facility maintenance cost based proportionally on the number of students enrolled in classes offered by that college or university.
Sec. 3333.36. Provided If the chancellor determines that sufficient unencumbered and unexpended funds are available from general revenue fund appropriations made to the Ohio board of regents, the chancellor of the Ohio board of regents shall allocate up the following:
(A) Up to seventy thousand dollars in each fiscal year to make payments to the Columbus program in intergovernmental issues, an Ohio internship program at Kent state university, for scholarships of up to two thousand dollars for each student enrolled in the program. The;
(B) Up to one hundred sixty-five thousand dollars in each fiscal year to make payments to the Washington center for scholarships provided to undergraduates of Ohio's four-year public and private institutions of higher education selected to participate in the Washington center internship program. The amount of a student's scholarship shall not exceed the amount specified for such scholarships in the biennial operating appropriations act.
The chancellor may utilize any general revenue funds appropriated to the board of regents that the chancellor determines to be available for purposes of this section.
Sec. 3333.38. (A) As used in this section:
(1) "Institution of higher education" includes all of the following:
(a) A state institution of higher education, as defined in section 3345.011 of the Revised Code;
(b) A nonprofit institution issued a certificate of authorization under Chapter 1713. of the Revised Code;
(c) A private institution exempt from regulation under Chapter 3332. of the Revised Code, as prescribed in section 3333.046 of the Revised Code;
(d) An institution of higher education with a certificate of registration from the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(2) "Student financial assistance supported by state funds" includes assistance granted under sections 3315.33, 3333.12, 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03, 5910.032, and 5919.34 of the Revised Code or financed by an award under the choose Ohio first scholarship program established under section 3333.61 of the Revised Code and any other post-secondary student financial assistance supported by state funds.
(B) An individual who is convicted of, pleads guilty to, or is adjudicated a delinquent child for one of the following violations shall be ineligible to receive any student financial assistance supported by state funds at an institution of higher education for two calendar years from the time the individual applies for assistance of that nature:
(1) A violation of section 2917.02 or 2917.03 of the Revised Code;
(2) A violation of section 2917.04 of the Revised Code that is a misdemeanor of the fourth degree;
(3) A violation of section 2917.13 of the Revised Code that is a misdemeanor of the fourth or first degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of section 2917.11 of the Revised Code.
(C) If an individual is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing a violation of section 2917.02 or 2917.03 of the Revised Code, and if the individual is enrolled in a state-supported institution of higher education, the institution in which the individual is enrolled shall immediately dismiss the individual. No state-supported institution of higher education shall admit an individual of that nature for one academic year after the individual applies for admission to a state-supported institution of higher education. This division does not limit or affect the ability of a state-supported institution of higher education to suspend or otherwise discipline its students.
Sec. 3333.50. The Ohio board of regents, in consultation with the governor and the department of development, shall develop a critical needs rapid response system to respond quickly to critical workforce shortages in the state. Not later than ninety days after a critical workforce shortage is identified, the chancellor of the board shall submit to the governor a proposal for addressing the shortage through initiatives of the board or institutions of higher education.
Sec. 3333.55. (A) The health information and imaging technology workforce development pilot project is hereby established. Under the project, in fiscal years 2008 through 2010, the Ohio board of regents shall design and implement a three-year pilot program to test, in the vicinity of Clark, Greene, and Montgomery counties, how a P-16 public-private education and workforce development collaborative may address each of the following goals:
(1) Increase the number of students taking and mastering high-level science, technology, engineering, or mathematics courses and pursuing careers in those subjects, in all demographic regions of the state;
(2) Increase the number of students pursuing professional careers in health information and imaging technology upon receiving related technical education and professional experience, in all demographic regions of the state;
(3) Unify efforts among schools, career centers, post-secondary programs, and employers in a region for career and workforce development, preservation, and public education.
(B) The project shall focus on enhancing P-16 education and workforce development in the field of health information and imaging technology through such activities as increased academic intervention in related areas of study, after-school and summer intervention programs, tutoring, career and job fairs and other promotional and recruitment activities, externships, professional development, field trips, academic competitions, development of related specialized study modules, development of honors programs, and development and enhancement of dual high school and college enrollment programs.
(C) Project participants shall include Clark-Shawnee local school district, Springfield city school district, Greene county career center, Clark state community college, Central state university, Wright state university, Cedarville university, Wittenberg university, the university of Dayton, and private employers in the health information and imaging technology industry in the vicinity of Clark, Greene, and Montgomery counties, selected by the board of regents.
For the third year of the project, the board of regents may add as participants the Dayton city school district and Xenia city school district.
(D) Wittenberg university shall be the lead coordinating agent and Clark state community college shall be the fiscal agent for the project.
(E) The board of regents shall create an advisory council made up of representatives of the participating entities to coordinate, monitor, and evaluate the project. The advisory council shall submit an annual activity report to the board of regents by a date specified by the board of regents.
Sec. 3333.60. As used in sections 3333.61 to 3333.70 of the Revised Code:
(A) "State university or college" has the same meaning as in section 3345.12 of the Revised Code.
(B) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
Sec. 3333.61. The chancellor of the Ohio board of regents shall establish and administer the Ohio innovation partnership, which shall consist of the choose Ohio first scholarship program and the Ohio research scholars program. Under the programs, the chancellor, subject to approval by the controlling board, shall award grants to state universities or colleges for programs and initiatives that recruit students and scientists in the fields of science, technology, engineering, mathematics, and medicine to state universities or colleges, in order to enhance regional educational and economic strengths and meet the needs of the state's regional economies. Grants may be awarded for programs and initiatives to be implemented by a state university or college alone or in collaboration with other state institutions of higher education, nonpublic Ohio universities and colleges, or other public or private Ohio entities.
The choose Ohio first scholarship program shall award grants to state universities and colleges to establish scholarships, fellowships, grants, or other monetary or nonmonetary incentives to recruit Ohio residents as undergraduate or graduate students in the fields of science, technology, engineering, mathematics, and medicine, or in science, technology, engineering, mathematics, or medical education. Each state university or college receiving a grant under the choose Ohio first scholarship program shall award one hundred per cent of the grant amount in the form of scholarships, fellowships, grants, or other monetary or nonmonetary incentives to students, and shall not use any amount of the grant for administration.
The Ohio research scholars program shall award grants to be deposited into new or existing endowment funds of state universities and colleges for use in recruiting scientists to their faculties.
The chancellor shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the programs.
Sec. 3333.62. The chancellor of the Ohio board of regents shall establish a competitive process for making awards under the choose Ohio first scholarship program and the Ohio research scholars program. The chancellor, on completion of that process, shall make a recommendation to the controlling board asking for approval to award each grant selected by the chancellor.
Any state university or college may apply for one or more awards under one or both programs. Each university or college shall submit a proposal and other documentation required by the chancellor, in the form and manner prescribed by the chancellor, for each award it seeks. A proposal may propose an initiative to be implemented solely by the state university or college or in collaboration with other state institutions of higher education, nonpublic Ohio universities or colleges, or other public or nonpublic Ohio entities. A single proposal may seek an award under one or both programs.
The chancellor shall determine which proposals will receive awards each fiscal year, and the amount of each award, on the basis of the merit of each proposal, which the chancellor, subject to approval by the controlling board, shall determine based on one or more of the following criteria:
(A) The quality of the program that is the subject of the proposal and the extent to which additional resources will enhance its quality;
(B) The extent to which the proposal is integrated with the strengths of the regional economy;
(C) The extent to which the proposal is integrated with centers of research excellence within the private sector;
(D) The amount of other institutional, public, or private resources, whether monetary or nonmonetary, that the proposal pledges to leverage;
(E) The extent to which the proposal is collaborative with other public or nonpublic Ohio institutions of higher education;
(F) The extent to which the proposal is integrated with the university's or college's mission and does not displace existing resources already committed to the mission;
(G) The extent to which the proposal facilitates a more efficient utilization of existing faculty and programs;
(H) The extent to which the proposal meets a statewide educational need;
(I) The demonstrated productivity or future capacity of the students or scientists to be recruited;
(J) The extent to which the proposal will create additional capacity in educational or economic areas of need.
Sec. 3333.63. The chancellor of the Ohio board of regents shall conduct at least one public meeting annually, prior to deciding awards under the Ohio innovation partnership. At the meeting, an employee of the chancellor shall summarize the proposals submitted for consideration, and each state university or college that has a proposal pending shall have the opportunity to review the summary of their proposal prepared by the chancellor's staff and answer questions or respond to concerns about the proposal raised by the chancellor's staff.
Sec. 3333.64. The chancellor of the Ohio board of regents shall make awards under the choose Ohio first scholarship program and the Ohio research scholars program such that the aggregate, statewide amount of other institutional, public, and private money pledged to the proposals in each fiscal year equals at least one hundred per cent of the aggregate amount of the money awarded under both programs that year.
The chancellor also shall endeavor to distribute awards in such a way that all regions of the state benefit from the economic development impact of the programs and shall guarantee that students from all regions of the state are able to participate in the scholarship program.
Sec. 3333.65. The chancellor of the Ohio board of regents shall require each state university or college that the controlling board approves to receive an award under the Ohio innovation partnership to enter into an agreement governing the use of the award. The agreement shall contain terms the chancellor determines to be necessary, which shall include performance measures, reporting requirements, and an obligation to fulfill pledges of other institutional, public, or nonpublic resources for the proposal.
The chancellor may require a state university or college that violates the terms of its agreement to repay the award plus interest at the rate required by section 5703.47 of the Revised Code to the chancellor.
Sec. 3333.66. The chancellor of the Ohio board of regents shall encourage state universities and colleges, alone or in collaboration with other state institutions of higher education, nonpublic Ohio universities and colleges, or other public or private Ohio entities, to submit proposals under the choose Ohio first scholarship program for initiatives that recruit Ohio residents enrolled in colleges and universities in other states or other countries to return to Ohio and enroll in state universities or colleges as graduate students in the fields of science, technology, engineering, mathematics, and medicine, or in the fields of science, technology, engineering, mathematics, or medical education. If such proposals are submitted and meet the chancellor's competitive criteria for awards, the chancellor, subject to approval by the controlling board, shall give at least one of the proposals preference for an award.
Sec. 3333.67. Each state university or college that receives an award under the Ohio research scholars program shall deposit the award into a new or existing endowment fund. The university or college shall maintain the amount awarded and use income generated from that award, and other institutional, public, or nonpublic resources, to finance the proposal approved by the chancellor of the Ohio board of regents and the controlling board.
Sec. 3333.68. When making an award under the Ohio innovation partnership, the chancellor of the Ohio board of regents, subject to approval by the controlling board, may commit to giving a state university's or college's proposal preference for future awards after the current fiscal year or fiscal biennium. A proposal's eligibility for future awards remains conditional on both of the following:
(A) Future appropriations of the general assembly;
(B) The university's or college's adherence to the agreement entered into under section 3333.65 of the Revised Code, including its fulfillment of pledges of other institutional, public, or nonpublic resources.
The chancellor and the controlling board shall not commit to awarding any proposal for more than five fiscal years at a time. However, when a commitment for future awards expires, a state university or college may reapply.
Sec. 3333.69. The chancellor of the Ohio board of regents shall monitor each initiative for which an award is granted under the Ohio innovation partnership to ensure the following:
(A) Fiscal accountability, so that the award is used in accordance with the agreement entered into under section 3333.65 of the Revised Code;
(B) Operating progress, so that the initiative is managed to achieve the goals stated in the proposal and in the agreement, and so that problems may be promptly identified and remedied;
(C) Desired outcomes, so that the initiative contributes to the programs' goals of enhancing regional educational and economic strengths and meeting regional economic needs.
Sec. 3333.70. Not later than December 31, 2008, and the thirty-first day of December of each year thereafter, the chancellor of the Ohio board of regents shall submit to the general assembly in accordance with section 101.68 of the Revised Code a report on the academic and economic impact of the Ohio innovation partnership. At a minimum, the report shall include the following:
(A) Progress and performance metrics for each initiative that received an award in the previous fiscal year;
(B) Economic indicators of the impact of each initiative, and all initiatives as a whole, on the regional economies and the statewide economy.
Sec. 3345.02. As used in this section, "state institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
Beginning in the 2008-2009 academic year, each state institution of higher education shall include in each statement of estimated or actual charges owed by a student enrolled in the institution an itemized list of the instructional fees, general fees, special purpose fees, service charges, fines, and any other fees or surcharges applicable to the student.
Sec. 3345.05.
(A) All registration fees, nonresident
tuition
fees, academic fees for the support of off-campus
instruction,
laboratory and course fees when so assessed and
collected,
student
health fees for the support of a student health
service,
all other
fees, deposits, charges, receipts, and income
from all
or part of
the students, all subsidy or other payments
from state
appropriations, and all other fees, deposits, charges,
receipts,
and income, and revenue received by each state-supported university
and
college state institution of higher education, the Ohio state university hospitals and their
ancillary
facilities, the Ohio agricultural research and
development
center,
and the Ohio state university cooperative
extension
service shall
be held and administered by the respective
boards
of trustees of
the state-supported universities and
colleges state institution of higher education;
provided, that such
fees, deposits, charges, receipts,
and income and revenue, to the extent
required by resolutions, trust
agreements,
indentures, leases, and
agreements adopted, made, or
entered into
under Chapter 154. or
section 3345.07, 3345.11, or
3345.12 of the
Revised Code, shall be
held, administered,
transferred, and
applied in accordance
therewith.
(B) The Ohio board of regents shall require annual reporting
by
the Ohio agricultural research and development center and by
each
university and college receiving state aid in such form and
detail as determined by the board in consultation with such
center, universities and colleges, and the director of budget and
management.
(C) Notwithstanding any provision of the Revised Code to the
contrary, the title to investments made by the board of trustees
of a state-supported university or college state institution of higher education with funds derived from
revenues any of the sources described
in division (A) of this section shall not be
vested in the
state or the political subdivision but shall be held in trust by the board. Such
investments
shall be made pursuant to an investment policy adopted
by the
board in public session that requires all fiduciaries to
discharge
their duties with the care, skill, prudence, and
diligence under
the circumstances then prevailing that a prudent
person acting in
like capacity and familiar with such matters
would use in the
conduct of an enterprise of a like character and
with like aims.
The policy also shall require at least the
following:
(1) A stipulation that investment be made only in publicly
traded securities averaging of at least twenty-five per cent of the
average amount of the investment portfolio over the course of the
previous fiscal year be invested in securities of the United States
government or of its agencies or instrumentalities, the treasurer
of state's pooled investment program, obligations of this state or
any political subdivision of this state, certificates of deposit
of any national bank located in this state, written repurchase
agreements with any eligible Ohio financial institution that is a
member of the federal reserve system or federal home loan bank,
money market funds, or bankers acceptances maturing in two hundred
seventy days or less which are eligible for purchase by the
federal reserve system, as a reserve;
(2) Eligible funds above those that meet the conditions of division (C)(1) of this section may be pooled with other institutional funds and invested in accordance with section 1715.54 of the Revised Code.
(3) The establishment of an investment committee.
(D) The investment committee established under division
(C)(2)(3) of this section shall meet at least quarterly. The
committee shall review and recommend revisions to the board's
investment policy and shall advise the board on its investments
made under division (C) of this section in an effort to assist it
in meeting its obligations as a fiduciary as described in division
(C) of this section. The committee
shall be authorized to retain
the services of an investment
advisor who meets both of the
following qualifications:
(1) The advisor is either:
(a) Licensed by the division of
securities under section
1707.141 of the Revised Code;
(b) Registered with the securities and exchange commission.
(a) Has experience in the management of investments of
public funds, especially in the investment of state-government
investment portfolios;
(b) Is an eligible institution referenced in section 135.03
of the Revised Code.
(E) As used in this section, "state institution of higher education" means a state institution of higher education as defined in section 3345.011 of the Revised Code.
Sec. 3345.32. (A) As used in this section:
(1) "State university or college" means the institutions
described in section 3345.27 of the Revised Code and the
northeastern Ohio universities college of medicine.
(2) "Resident" has the meaning specified by rule of the chancellor of the
Ohio board of regents.
(3) "Statement of selective service status" means a
statement certifying one of the following:
(a) That the individual filing the statement has
registered with the selective service system in accordance with
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.
App. 453, as amended;
(b) That the individual filing the statement is not
required to register with the selective service for one of the
following reasons:
(i) The individual is under eighteen or over twenty-six
years of age.
(ii) The individual is on active duty with the armed forces
of the United States other than for training in a reserve or national
guard unit.
(iii) The individual is a nonimmigrant alien lawfully in the
United States in accordance with section 101 (a)(15) of the
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.
(iv) The individual is not a citizen of the United States
and is a
permanent resident of the Trust Territory of the Pacific Islands
or the Northern Mariana Islands.
(4) "Institution of higher education" means any eligible
institution approved by the United
States department of education pursuant to the "Higher
Education Act
of 1965," 79 Stat. 1219, as amended, or any institution
whose
students are eligible for financial assistance under any of the
programs described by division (E) of this section.
(B) The Ohio board of regents chancellor shall, by rule, specify the
form of statements of selective service status to be filed in
compliance with divisions (C) to (F) of this section. Each
statement of selective service status shall contain a section
wherein a male student born after December 31, 1959, certifies
that the student has registered with the selective service
system in
accordance with the "Military Selective Service Act," 62 Stat.
604, 50 U.S.C. App. 453, as amended. For
those students not required to register with the selective
service, as specified in divisions (A)(2)(b)(i) to (iv) of this
section, a section shall be provided on the statement of
selective service status for the certification of nonregistration
and for an explanation of the reason for the exemption. The
board of regents chancellor may require that such statements be accompanied
by documentation specified by rule of the board chancellor.
(C) A state university or college that enrolls in any
course, class, or program a male student born after December 31,
1959, who has not filed a statement of selective service status
with the university or college shall, regardless of the student's
residency, charge the student any tuition surcharge charged
students who are not residents of this state.
(D) No male born after December 31, 1959, shall be
eligible to receive any loan, grant, scholarship, or other
financial assistance for educational expenses granted under section
3315.33, 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,
5910.032, or 5919.34 of the Revised Code, or financed by an award under the choose Ohio first scholarship program established under section 3333.61 of the Revised Code, unless that person
has filed a statement of selective service status with that
person's institution of higher education.
(E) If an institution of higher education receives a
statement from an individual certifying that the individual
has registered with the selective service system in accordance with the
"Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.
453, as amended or that the individual is exempt from
registration for a
reason other than that the individual is under eighteen years
of age, the institution shall not require the individual to file any further
statements. If it receives a statement certifying that the
individual is not required to register because the individual
is under eighteen years of age, the institution shall require the
individual to file a new statement of selective service status
each time the individual seeks to enroll for a new academic
term or makes
application for a new loan or loan guarantee or for any form of
financial assistance for educational expenses, until it receives
a statement certifying that the individual has registered with
the selective service system or is exempt from registration for a
reason other than that the individual is under eighteen years
of age.
Sec. 3353.02. (A) There is hereby created the eTech Ohio commission as an independent agency to advance education and accelerate the learning of the citizens of this state through technology. The commission shall provide leadership and support in extending the knowledge of the citizens of this state by promoting access to and use of all forms of educational technology, including educational television and radio, radio reading services, broadband networks, videotapes, compact discs, digital video on demand (DVD), and the internet. The commission also shall administer programs to provide financial and other assistance to school districts, educational television and radio stations, radio reading services, educational technology organizations, and other educational institutions for the acquisition and utilization of educational technology.
The commission is a body corporate and politic, an agency of the state performing essential governmental functions of the state.
(B) The commission shall consist of thirteen fourteen members, nine ten of whom shall be voting members. Six of the voting members shall be representatives of the public. Of the representatives of the public, four shall be appointed by the governor with the advice and consent of the senate, one shall be appointed by the speaker of the house of representatives, and one shall be appointed by the president of the senate. The superintendent of public instruction or a designee of the superintendent, the chancellor of the Ohio board of regents or a designee of the chancellor, and the director of the office of information technology state chief information officer or a designee of the director officer, and the president of the Ohio alliance for public telecommunications or a designee of the president shall be ex officio voting members. Of the nonvoting members, two shall be members of the house of representatives appointed by the speaker of the house of representatives and two shall be members of the senate appointed by the president of the senate. The members appointed from each chamber shall not be members of the same political party.
(C) Initial terms of office for members appointed by the governor shall be one year for one member, two years for one member, three years for one member, and four years for one member. At the first meeting of the commission, members appointed by the governor shall draw lots to determine the length of the term each member will serve. Thereafter, terms of office for members appointed by the governor shall be for four years. Terms of office for voting members appointed by the speaker of the house of representatives and the president of the senate shall be for four years. Any member who is a representative of the public may be reappointed by the member's respective appointing authority, but no such member may serve more than two consecutive four-year terms. Such a member may be removed by the member's respective appointing authority for cause.
Any legislative member appointed by the speaker of the house of representatives or the president of the senate who ceases to be a member of the legislative chamber from which the member was appointed shall cease to be a member of the commission. The speaker of the house of representatives and the president of the senate may remove their respective appointments to the commission at any time.
(D) Vacancies among appointed members shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Any appointed member shall continue in office subsequent to the expiration of that member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
(E) Members of the commission shall serve without compensation. The members who are representatives of the public shall be reimbursed, pursuant to office of budget and management guidelines, for actual and necessary expenses incurred in the performance of official duties.
(F) The governor shall appoint the chairperson of the commission from among the commission's voting members who are representatives of the public. The chairperson shall serve a term of two years and may be reappointed. The commission shall elect other officers as necessary from among its voting members and shall prescribe its rules of procedure.
(G) The commission shall establish advisory groups as needed to comprised of interested parties. The advisory groups shall address topics of interest and to provide guidance to the commission regarding educational technology, educational television and radio, radio reading services, and other issues and the technology needs of educators, learners, and the public. Members of each advisory group shall be appointed by the commission and shall include representatives of individuals or organizations with an interest in the topic addressed by the advisory group.
Sec. 3353.03. (A) The eTech Ohio commission shall appoint an executive director, who shall serve at the pleasure of the commission. The executive director shall have no authority other than that provided by law or delegated to the executive director by the commission. The executive director shall do all of the following:
(1) Direct commission employees in the administration of all programs of the commission;
(2) Provide leadership and support in extending the knowledge of the citizens of this state by promoting equal access to and use of all forms of educational technology, as directed by the commission;
(3) Provide financial and other assistance to school districts, educational television and radio stations, radio reading services, educational technology organizations, and other educational institutions, affiliates, and, if approved by the commission, educational technology organizations for the acquisition and utilization of educational technology;
(4) Implement policies and directives issued by the commission;
(5) Perform other duties authorized by the commission.
(B) The commission shall fix the compensation of the executive director. The executive director shall employ and fix the compensation for such employees as necessary to facilitate the activities and purposes of the commission. The employees shall serve at the pleasure of the executive director.
(C) The employees of the commission shall be placed in the unclassified service.
(D)(1) Except as provided in division (D)(2) of this section, the employees of the commission shall be exempt from Chapter 4117. of the Revised Code and shall not be public employees as defined in section 4117.01 of the Revised Code.
(2) All employees of the commission who transferred to the commission from one of the commission's predecessor agencies upon the commission's creation and, when employed by the predecessor agency were included in a bargaining unit established under Chapter 4117. of the Revised Code, shall continue to be included in that bargaining unit, are public employees as defined in section 4117.01 of the Revised Code, and may collectively bargain with the commission in accordance with that chapter. Otherwise, any employee hired by the commission after the effective date of this section July 1, 2005, either to fill vacancies or to fill new positions, shall be exempt from Chapter 4117. of the Revised Code and shall not be public employees as defined in section 4117.10 of the Revised Code.
Sec. 3353.20. As used in sections 3353.20 to 3353.30 of the Revised Code:
(A) "Clearinghouse" means the clearinghouse established under section 3353.21 of the Revised Code.
(B) "Data verification code" means the code assigned to a student under division (D)(2) of section 3301.0714 of the Revised Code.
(C) "One-half unit" of instruction has the same meaning as in section 3313.603 of the Revised Code.
(D) A "student's community school" means the community school established under Chapter 3314. of the Revised Code in which the student is enrolled instead of being enrolled in a school operated by a school district.
(E) A "student's school district" means the school district operating the school in which the student is lawfully enrolled.
Sec. 3353.21. (A) The eTech Ohio commission shall establish a clearinghouse of interactive distance learning courses and other distance learning courses delivered via a computer-based method offered by school districts for sharing with other school districts and community schools for the fee set pursuant to section 3353.24 of the Revised Code. The commission shall not be responsible for the content of courses offered through the clearinghouse; however, all such courses shall be delivered only in accordance with technical specifications approved by the commission.
(B) To offer a course through the clearinghouse, a school district shall apply to the commission in a form and manner prescribed by the commission. The application for each course shall describe the course of study in as much detail as required by the commission, the qualification and credentials of the teacher, the number of hours of instruction, the technology required to deliver and receive the course, the technical capacity of the school district to deliver the course, the times that the school district plans to deliver the course, and any other information required by the commission. The commission may require school districts to include in their applications information recommended by the state board of education under section 3353.30 of the Revised Code.
(C) The commission shall review the technical specifications of each application submitted under division (B) of this section and shall approve a course offered if the commission determines that the school district can satisfactorily deliver the course through the technology necessary for that delivery. In reviewing applications, the commission may consult with the department of education; however, the responsibility to either approve or not approve a course for the clearinghouse belongs to the commission. The commission may request additional information from a school district that submits an application under division (B) of this section, if the commission determines that such information is necessary. The commission may negotiate changes in the proposal to offer a course, if the commission determines that changes are necessary in order to approve the course.
(D) The commission shall catalog each course approved for the clearinghouse, through a print or electronic medium, displaying the following:
(1) Information necessary for a student and the student's parent, guardian, or custodian and the student's school district or community school to decide whether to enroll in the course;
(2) Instructions for enrolling in that course, including deadlines for enrollment.
Sec. 3353.22. (A) A student who is enrolled in a school operated by a school district or in a community school may enroll in a course included in the clearinghouse only if both of the following conditions are satisfied:
(1) The student's enrollment in the course is approved by the student's school district or the student's community school.
(2) The student's school district or the student's community school agrees to accept for credit the grade assigned by the district that is delivering the course.
(B) For each student enrolling in a course, the student's school district or the student's community school shall transmit the student's data verification code and the student's name to the school district delivering the course.
The district delivering the course may request from the student's school district or the student's community school other information from the student's school record. The student's school district or the student's community school shall provide the requested information only in accordance with section 3319.321 of the Revised Code.
(C) The student's school district or the student's community school shall determine the manner in which and facilities at which the student shall participate in the course consistent with specifications for technology and connectivity adopted by the commission.
(D) A student may withdraw from a course prior to the end of the course only by a date and in a manner prescribed by the student's school district or community school.
(E) A student who is enrolled in a school operated by a school district or in a community school and who takes a course included in the clearinghouse shall be counted in the formula ADM of a school district under section 3317.03 of the Revised Code as if the student were taking the course from the student's school district or the student's community school.
Sec. 3353.23. For each student enrolled in a course included in the clearinghouse, the student's school district or the student's community school and the school district delivering the course shall report to the department of education, in accordance with the guidelines established under section 3301.0714 of the Revised Code, the information the department determines is necessary for the department to make the deductions and payments required under section 3353.25 of the Revised Code.
Sec. 3353.24. (A) Unless the eTech Ohio commission sets a different fee amount pursuant to division (B) of this section, the fee for each course that is the equivalent of one-half unit of instruction offered through the clearinghouse shall be one hundred seventy-five dollars per student. The commission shall set the fee for a course that is either less than or greater than one-half unit of instruction based on the proportional amount the course is either less than or greater than one-half unit of instruction.
(B) The commission, by rule adopted in accordance with Chapter 119. of the Revised Code, may set a fee for courses offered through the clearinghouse at a rate other than the one specified in division (A) of this section.
(C) The commission shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course pursuant to division (D) of section 3353.22 of the Revised Code.
Sec. 3353.25. For each student enrolled in a course included in the clearinghouse, in accordance with information reported under section 3353.23 of the Revised Code and not later than the last day of that course, the department of education shall deduct the amount of the fee for that course from the student's school district or the student's community school, under division (P) of section 3317.023 or section 3314.086 or 3317.161 of the Revised Code, and shall pay that amount to the school district delivering the course.
Sec. 3353.26. The grade for a student who enrolls in a course included in the clearinghouse shall be assigned by the school district that delivers the course and shall be transmitted by that district to the student's school district or the student's community school.
Sec. 3353.27. The eTech Ohio commission may determine the manner in which a course included in the clearinghouse may be offered as a dual enrollment program as defined in section 3313.6013 of the Revised Code, may be offered to students who are enrolled in nonpublic schools or are instructed at home pursuant to section 3321.04 of the Revised Code, or may be offered at times outside the normal school day or school week, including any necessary additional fees and methods of payment for a course so offered.
Sec. 3353.28. The eTech Ohio commission shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures for the implementation of sections 3353.20 to 3353.27 of the Revised Code.
Sec. 3353.29. Nothing in sections 3353.20 to 3353.28 of the Revised Code, or in rules implementing those sections, shall prohibit a school district from offering an interactive distance learning course or other distance learning course using a computer-based method through any means other than the clearinghouse established and maintained under those sections.
Sec. 3353.30. Not later than six months after the effective date of this section, the state board of education shall adopt a resolution recommending to the eTech Ohio commission the types of information about a distance learning course that the commission might require school districts to submit with their applications to include the course in the clearinghouse.
Sec. 3354.10. (A) All funds under the control of a board
of trustees of a community college district, regardless of the
source thereof, may be deposited by such board to its credit in
banks or trust companies designated by it. Such banks or trust
companies shall furnish security for every such deposit to the
extent and in the manner provided in section 135.18 of the
Revised Code, but no such deposit shall otherwise be subject to
sections 135.01 to 135.21 of the Revised Code. Thereupon, such
funds may be disbursed by the board of trustees for the uses and
purposes of such district. No contract of the board involving
the expenditure of money shall become effective until there is
placed thereon by the treasurer as fiscal officer of the district
the certificate provided for by section 5705.41 of the Revised
Code.
(B) The board of trustees of a community college district
may provide for the investment of district funds. Investments may be made in securities of the United States government or of its agencies or instrumentalities, the treasurer of state's pooled investment program, obligations of this state or any political subdivision of this state, certificates of deposit of any national bank located in this state, written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, money market funds, or bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve. Notwithstanding the foregoing or any provision of the Revised Code to the contrary, the board of trustees of a community college district may provide for the investment of district funds in any manner authorized under section 3345.05 of the Revised Code.
(C) Any community college district is subject to audit by
the auditor of state, who shall furnish to the county or counties
which created the district a copy of the audit report.
Sec. 3355.01. As used in sections 3355.01 to 3355.14, inclusive, of the
Revised Code this chapter:
(A) "University branch district" means a political subdivision of the state
and a body corporate with all the powers of a corporation, and organized for
the purpose of establishing, owning, and operating a branch university
district within the territory of such district.
(B) "University branch" means an academic program administered by a state or
municipal university in a community other than the community wherein is
located the main campus of such university, and affording to the students in
such program academic credit corresponding to that afforded to the students on
the main campus upon satisfactory completion of comparable courses of
instruction.
Sec. 3355.15. A university branch may offer any baccalaureate program that has been approved under Chapter 3333. of the Revised Code to be offered at the main campus of the university.
Sec. 3357.01. As used in sections 3357.01 to 3357.19,
inclusive, of the Revised Code this chapter:
(A) "Technical college" means an institution of education
beyond the high school, including an institution of higher
education, organized for the principal purpose of providing for
the residents of the technical college district, wherein such
college is situated, any one or more of the instructional
programs defined in this section as "technical-college technical
college," or "adult-education technical programs," normally not
exceeding two years duration and not leading to a baccalaureate
degree.
(B) "Technical college district" means a political
subdivision of the state and a body corporate with all the powers
of a corporation, comprised of the territory of a city school
district or a county, or two or more contiguous school districts
or counties, which meets the standards prescribed by the Ohio
board of regents pursuant to section 3357.02 of the Revised Code,
and which is organized for the purpose of establishing, owning,
and operating one or more technical colleges within the territory
of such district.
(C) "Contiguous school districts or counties" means school
districts or counties so located that each such school district
or county shares at least one boundary or a portion thereof in
common with at least one other such school district or county in
the group of school districts or counties referred to as being
"contiguous."
(D) "Technical college program" means a post high school
curricular program provided within a technical college, planned
and intended to qualify students, after satisfactory completion
of such a program normally two years in duration, to pursue
careers in which they provide immediate technical assistance to
professional or managerial persons generally required to hold
baccalaureate or higher academic degrees in technical or
professional fields. The technical and professional fields
referred to in this section include, but are not limited to,
engineering and physical, medical, or other sciences.
(E) "Adult-education technical program" means the
dissemination of post high school technical education service and
knowledge, for the occupational, or general educational benefit
of adult persons.
(F) "Charter amendment" means a change in the official
plan of a technical college for the purpose of acquiring
additional lands or structures, disposing of or transferring
lands or structures, erecting structures, creating or abolishing
technical college or adult education technical curricular
programs.
(G) "Baccalaureate-oriented associate degree program" means a curricular program of not more than two years' duration that is planned and intended to enable students to gain academic credit for courses comparable to first- and second-year courses offered by accredited colleges and universities. The purpose of baccalaureate-oriented associate degree coursework in technical colleges is to enable students to transfer to colleges and universities and earn baccalaureate degrees or to enable students to terminate academic study after two years with a proportionate recognition of academic achievement through receipt of an associate degree.
Sec. 3357.10. (A) The board of trustees of a technical college
district shall elect a treasurer, who is not a member of the
board, to serve at its pleasure. The treasurer may be the person
serving as secretary under section 3357.06 of the Revised Code.
The treasurer shall be the fiscal officer of the district and
shall receive and disburse all funds of the district under the
direction of the board. No contract of the board involving the
expenditure of money shall become effective until the treasurer
certifies that there are funds of the board otherwise
unappropriated sufficient to provide therefor.
When the treasurer of the district ceases to hold such
office, the treasurer or the treasurer's
legal representatives shall deliver to the
board or to the treasurer's successor all moneys, books,
papers, and other
property of the district in the treasurer's possession as
treasurer. In case
of the death or incapacity of the treasurer, the treasurer's
legal
representatives shall, in like manner, deliver all moneys, books,
papers, and other property of the district to the board or to the
person named as the treasurer's successor.
(B) All funds under the control of a board of trustees of a
technical college district, regardless of the
source of the funds, may be deposited by the board to its credit in banks or
trust companies designated by it. The banks or trust companies shall furnish
security for every deposit to the extent and in the manner
provided in section 135.18 of the Revised Code, but no deposit shall otherwise
be subject
to sections 135.01 to 135.21 of the Revised Code. Funds deposited in
a bank or trust company may be disbursed by the board of trustees for the uses
and purposes of the district.
(C) The board may provide for the investment of district funds. Investments may be made in securities of the United States government or of its agencies or instrumentalities, the treasurer of state's pooled investment program, obligations of this state or any political subdivision of this state, certificates of deposit of any national bank located in this state, written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, money market funds, or bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve. Notwithstanding the foregoing or any provision of the Revised Code to the contrary, the board of trustees of a technical college district may provide for the investment of district funds in any manner authorized under section 3345.05 of the Revised Code.
Sec. 3357.13. As used in this section, "state institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
A technical college regardless of its co-location with another state institution of higher education may offer any baccalaureate-oriented associate degree program, provided however that any new or expanded programs at co-located campuses must be approved by the chancellor of the Ohio board of regents. In reviewing such programs, the chancellor shall determine whether the proposed program would promote cooperation and collaboration between co-located institutions while minimizing duplication.
Sec. 3358.06. (A) The treasurer of each state community
college district shall be its fiscal officer, and the
treasurer shall
receive and disburse all funds under the direction of the college
president. No contract of the college's board of trustees
involving the expenditure of money shall become effective until
the treasurer certifies that there are funds of the board
otherwise uncommitted and sufficient to provide therefor.
When the treasurer ceases to hold the office, the treasurer
or the treasurer's
legal representative shall deliver to the treasurer's
successor or the
president all moneys, books, papers, and other property of the
college.
Before entering upon the discharge of official duties, the
treasurer shall give bond to the state for the faithful
performance of official duties and the proper accounting for
all
moneys coming into the treasurer's care. The amount of the
bond shall be
determined by the board but shall not be for a sum less than the
estimated amount that may come into the treasurer's control
at any time. The
bond shall be approved by the attorney general.
(B) The board of trustees may provide for the investment of district funds. Investments may be made in securities of the United States government or of its agencies or instrumentalities, the treasurer of state's pooled investment program, obligations of this state or any political subdivision of this state, certificates of deposit of any national bank located in this state, written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, money market funds, or bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve. Notwithstanding the foregoing or any provision of the Revised Code to the contrary, the board of trustees of a state community college district may provide for the investment of district funds in any manner authorized under section 3345.05 of the Revised Code.
Sec. 3365.01. As used in this chapter:
(A) "College" means any state-assisted college or
university
described in section 3333.041 of the Revised Code, any
nonprofit
institution holding a certificate of authorization
pursuant to
Chapter 1713. of the Revised Code,
any private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the
Revised Code, and any
institution holding a certificate of
registration from the state
board of
career colleges and
schools and program
authorization
for an associate or
bachelor's
degree program
issued under section
3332.05 of the
Revised Code.
(B) "School district," except as specified in division (G)
of this section, means any school district to which a
student is
admitted under section 3313.64, 3313.65, 3313.98, or
3317.08 of
the Revised Code and does not include a joint
vocational or
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(D) "Participant" means a student enrolled in a college
under the post-secondary enrollment options program established
by
this chapter.
(E) "Secondary grade" means the ninth through twelfth
grades.
(F) "School foundation payments" means the amount required
to be paid to a school district for a fiscal year under Chapter
3317. of the Revised Code.
(G) "Tuition base" means, with respect to a participant's
school district, the greater of the following:
(1) The fiscal year 2005 formula amount defined in
section 3317.02 of
the Revised Code multiplied by the district's fiscal year 2005 cost-of-doing-business factor defined in that section;
(2)
The sum of (the current formula amount times the current cost-of-doing-business factor defined in section 3317.02 of the Revised Code) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
The participant's "school
district"
in the case of a participant enrolled in a community school shall
be
the school district in which the student is entitled to attend
school under
section 3313.64 or 3313.65 of the Revised Code.
(H) "Educational program" means enrollment in one or more
school districts, in a nonpublic school, or in a college under
division (B) of section 3365.04 of the Revised Code.
(I) "Nonpublic school" means a chartered or nonchartered
school for
which
minimum standards are prescribed by the state
board of education
pursuant to division (D) of section 3301.07 of
the Revised Code.
(J) "School year" means the year beginning on the first
day
of July and ending on the thirtieth day of June.
(K) "Community school" means any school established pursuant
to
Chapter 3314. of the Revised Code that includes secondary
grades.
(L) "Community school payments" means payments made by the
department of education to a community school pursuant to division
(D) of section 3314.08 of the Revised Code.
Sec. 3381.04. (A) In lieu of the procedure set forth in
section 3381.03 of the Revised Code, any county
with a population of five hundred thousand or more, at any
time before the creation of a regional arts and cultural
district under that section, may create
a regional arts and cultural district by adoption of a resolution
by the board of county commissioners of that county.
The resolution shall state all of the following:
(1) The purposes for the creation of the district;
(2)
That the territory of the district shall be coextensive with the
territory of the county;
(3) The official name by which the district shall be
known;
(4) The location of the principal office of the district
or the manner in which the location shall be selected.
(B) The district provided for in the resolution
shall be created upon the adoption of the resolution by the board of county commissioners of that county.
Upon the adoption of the resolution, the county
and the municipal corporations and townships contained in the county
shall not thereafter be a part of any other regional arts and
cultural district.
(C) The board of trustees of any regional arts and cultural
district formed in accordance with this section shall be
comprised of three five members appointed by the board of
county commissioners.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or
county charter, but may be held on the first Tuesday
after the
first Monday in
March.
(E)(1) "Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of
political parties for election to offices, and for the purpose of
electing persons as members of the controlling committees of
political parties and as delegates and alternates to the
conventions of political parties. Primary elections shall be
held
on the first Tuesday after the first Monday in May of each
year
except in years in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election
as defined by division (E)(1) of this
section at which an election
is held for the purpose of choosing
delegates and alternates to
the national conventions of the major
political parties pursuant
to section 3513.12 of the Revised
Code. Unless otherwise
specified, presidential primary elections
are included in
references to primary elections. In years in
which a presidential
primary election is held, all primary
elections shall be held on
the first Tuesday after the
first Monday in March
except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting
the
requirements set forth in section 3517.01 of the Revised Code
for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at
the
most recent regular state election.
(2) "Intermediate political party" means any political
party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular
state
election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular
state election
or
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular
state election at which a governor was elected received
more votes
than any other person received for election to
that
office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a
write-in candidate, or who
knowingly assents to being
represented as a
write-in candidate by another at either a
primary,
general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be
affiliated with a
political party, and whose name has
been certified on the office-type ballot at a general or special
election
through the filing of a statement of candidacy and
nominating petition, as
prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is required, pursuant to section 3505.04 of the Revised Code, to
be listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a
political party,
whose name has been certified
on the
office-type ballot at a general or special election
through the
filing of a declaration of candidacy and petition of
candidate,
and who has won the primary election of the
candidate's party for
the public office the candidate seeks or is selected
by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue
certified in accordance with the Revised Code for placement on an
official ballot at a general or special election to be held in
this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector
may vote.
(Q) "Precinct" means a district within a county
established
by the board of elections of such county within which
all
qualified electors having a voting residence therein may vote
at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the
Revised Code.
(T) "Political subdivision" means
a county,
township,
city,
village, or
school district.
(U) "Election officer" or
"election official" means any of
the
following:
(2) Employees of the secretary of state serving
the
division of elections in the capacity of attorney, administrative
officer,
administrative assistant, elections administrator, office
manager, or clerical
supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5)
Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges and clerks;
(8) Employees appointed by the boards of elections on a
temporary or
part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of elections, on a
form prescribed by the secretary of state,
informing a voter registration
applicant or an applicant who
wishes to change the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
the application, if any; and if the application is
complete,
the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a
form prescribed by the secretary of state, to a
registered elector to confirm
the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides
public assistance or that provides
state-funded programs primarily engaged in
providing services to
persons with disabilities and that is required by the
National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other
public or government office or agency that implements a
program designed and
administered by the secretary of state for
registering voters, including the
department of job and family
services, the program
administered under section 3701.132
of the
Revised Code by the department of health, the department of mental
health, the department of mental retardation and developmental
disabilities,
the rehabilitation services commission, and any
other
agency the secretary of state designates. "Designated
agency" does
not include public high schools and vocational
schools, public libraries, or
the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter
Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each of the following requirements:
(1) It shows the name of the individual to whom it was issued, which shall conform to the name in the poll list or signature pollbook.
(2) It shows the current address of the individual to whom it was issued, which shall conform to the address in the poll list or signature pollbook, except for a driver's license or a state identification card issued under section 4507.50 of the Revised Code, which may show either the current or former address of the individual to whom it was issued, regardless of whether that address conforms to the address in the poll list or signature pollbook.
(3) It shows a photograph of the individual to whom it was issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or this state.
Sec. 3501.05. The secretary of state shall
do all of the
following:
(A) Appoint all members of boards of elections;
(B)
Issue instructions by directives and advisories to
members
of
the boards as to the proper methods
of conducting
elections. In addition to any other publication of those directives and advisories, the secretary of state shall publish those directives and advisories on a web site of the office of the secretary of state as soon as is practicable after they are issued, but not later than the close of business on the same day as a directive or advisory is issued. The secretary of state shall not remove from the web site any directives and advisories so posted. The secretary of state shall provide on that web site access to all directives and advisories currently in effect and to maintain an archive of all directives and advisories previously published on that web site.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws
or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards,
blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and
forms and blanks
required by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on
the ballot for any proposed law or amendment to the constitution
to be submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the Revised Code, certify to the several boards the forms of ballots and
names of candidates for state offices, and the form and wording
of
state referendum questions and issues, as they shall appear on
the
ballot;
(J) Except as otherwise provided in division (I)(2)(b) of section 3501.38 of the Revised Code, give final approval to ballot language for any
local
question or
issue approved and transmitted by boards of elections
under section 3501.11
of the Revised Code;
(K) Receive all initiative and referendum petitions on
state
questions and issues and determine and certify to the
sufficiency
of
those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state
considers
necessary;
(M) Compel the observance by election officers in the
several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section,
investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or
prosecuting
attorney, or both, for prosecution;
(2) On and after
August
24, 1995, report a failure to
comply with or a violation of a
provision in sections 3517.08 to 3517.13,
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised
Code,
whenever the secretary of state has or should have knowledge of a
failure to comply with or a violation of a provision in one of
those sections,
by filing a complaint with the Ohio elections
commission under section
3517.153 of the Revised Code;
(O) Make an annual report to the governor containing the
results of elections,
the cost of elections in the various
counties,
a
tabulation of the votes in the several political
subdivisions,
and
other information and recommendations
relative to
elections
the secretary
of state considers
desirable;
(P) Prescribe and distribute to boards of elections a list
of instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code to require each board for the removal by boards of elections to remove of ineligible voters
from the statewide voter registration database and, if already prepared for a particular election applicable, from the poll list or signature pollbook used in each precinct, which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed residence,
which shall be uniform,
nondiscriminatory, and in compliance with
the Voting Rights Act of 1965 and
the National Voter Registration
Act of 1993, including a program that uses the
national change of
address service provided by the United States postal system
through its licensees;
(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of an ineligible a voter who is ineligible to vote from the statewide voter registration database and, if already prepared for a particular election applicable, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and residence changes, at designated
agencies, the offices of deputy
registrars of motor
vehicles, public high schools and vocational
schools, public
libraries, and the offices of county treasurers,
and prescribe
a program of distribution of voter registration
forms through
those agencies, the offices of the
registrar
and
deputy registrars of motor
vehicles, public high schools and
vocational schools, public
libraries, and the offices of county
treasurers;
(S) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state;
(T) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters at designated
agencies and the offices of the registrar and
deputy registrars of motor
vehicles consistent with this chapter;
(U) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(V) Establish and maintain a computerized statewide database of all legally registered voters under section 3503.15 of the Revised Code that complies with the requirements of the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide training in the operation of that system;
(W) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference or teleconference call with a board of elections to discuss the proper methods and procedures for conducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference or teleconference call, but not later than the close of business on the same day as the conference or teleconference call takes place.
(X) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter's ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election.
(Y) Conduct voter education outlining voter identification, absent voters ballot, provisional ballot, and other voting requirements;
(Z) Establish a procedure by which a registered elector may update the elector's make available to a board of elections a more recent signature to be used in the poll list or signature pollbook produced by the board of elections of the county in which the elector resides;
(AA) Disseminate information, which may include all or part of the official explanations and arguments, by means of direct mail or other written publication, broadcast, or other means or combination of means, as directed by the Ohio ballot board under division (F) of section 3505.062 of the Revised Code, in order to inform the voters as fully as possible concerning each proposed constitutional amendment, proposed law, or referendum;
(BB) Perform
other duties
required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code
or a special
election is held under section
3521.03 of the Revised Code to fill a vacancy
in the office of
representative to congress, the secretary of state shall establish
a deadline,
notwithstanding any other deadline required under the
Revised
Code, by which any or all of the following shall occur:
the filing
of a declaration of candidacy and petitions or a
statement of candidacy and
nominating petition together with the
applicable filing fee; the filing of
protests against the
candidacy of any person filing a declaration of candidacy
or
nominating petition; the filing of a declaration of intent to be a
write-in
candidate; the filing of campaign finance reports; the
preparation of, and the
making of corrections or challenges to,
precinct voter registration lists; the
receipt of applications for
absent voter's ballots or armed service absent
voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider
challenges to the right of a person to appear on a voter
registration list;
and the scheduling of programs to instruct or
reinstruct election officers.
In the performance of the
secretary of state's
duties as the chief election officer, the secretary of state may
administer
oaths, issue
subpoenas, summon witnesses, compel the
production of books,
papers, records, and other evidence, and fix
the time and place
for hearing any matters relating to the
administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds
for
registration, the
secretary of state may, through the attorney
general, bring an
action in the name of the state in the
court of
common pleas
of the
county where the cause of action arose
or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the
Revised
Code wherein the interpretation of those laws is in issue
in such
a manner that the result of the action will affect the
lawful
duties of the secretary of state or of any board of
elections, the
secretary of state may, on the
secretary of
state's
motion, be made a
party.
The secretary of state may apply to any court that is
hearing
a case in which the secretary of state is a party, for a
change of
venue as a
substantive right, and
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
of an adjoining county
named in the application or,
if there
are cases pending in
more than one jurisdiction that
involve the
same or similar
issues,
the court of common pleas of
Franklin county.
Public high schools and vocational schools, public libraries,
and the
office of a county treasurer shall implement voter
registration programs as
directed by the secretary of state
pursuant to this section.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to
the board by Title XXXV
of
the Revised Code, shall perform all the duties imposed by law,
and
shall
do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and
maintenance
of booths, ballot boxes, books, maps, flags, blanks,
cards of
instructions, and other forms, papers, and equipment
used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers
of
elections, fill vacancies, and designate the ward or district
and
precinct in which each shall serve;
(E) Make and issue
rules and instructions, not
inconsistent
with law or the rules, directives, or
advisories issued by the
secretary
of state, as it
considers
necessary for the guidance of
election
officers and
voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices,
advertisements,
and publications concerning elections, except as
otherwise
provided in division (G) of section 3501.17 and divisions (F) and (G) of section 3505.062 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and
other required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies. In fulfilling this duty, each board of a county that uses voting machines, marking devices, or automatic tabulating equipment shall conduct a full vote of the board during a public session of the board on the allocation and distribution of voting machines, marking devices, and automatic tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties,
or
violations of Title XXXV of the Revised Code by election
officers
and other persons; administer oaths, issue subpoenas,
summon
witnesses, and compel the production of books, papers,
records,
and other evidence in connection with any such
investigation; and
report the facts to the prosecuting attorney or the secretary of state;
(K) Review, examine, and certify the sufficiency and
validity of petitions and nomination papers, and, after
certification, return to the
secretary of state all petitions and
nomination papers that the secretary of
state forwarded to
the
board;
(L) Receive the returns of elections, canvass the returns,
make abstracts
of them, and transmit
those abstracts
to the
proper
authorities;
(M) Issue certificates of election on forms to be
prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on
the
form prescribed by the secretary of state, containing a
statement
of the number
of voters registered, elections held, votes cast,
appropriations
received,
expenditures made, and
other
data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer
a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform
other duties as
prescribed by law or
the
rules, directives, or advisories of the secretary of
state;
(Q) Investigate and determine the residence qualifications
of electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the
names and
residence
addresses of all incumbent county, municipal, township,
and board
of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration database of all
qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter
registration as required by the secretary of
state, and remove ineligible
electors from voter registration
lists in accordance with law and directives
of the secretary of
state;
(V) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval;
(W) Prepare and cause the following notice to be displayed
in a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be
imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the board,
if
no decision can be arrived at, the director or
chairperson shall
submit the matter in controversy, not later than
fourteen days
after the tie vote or the disagreement, to the secretary of
state,
who shall summarily decide the question, and the secretary of
state's
decision shall be final.
(Y) Assist each designated agency,
deputy registrar of motor
vehicles, public high school and
vocational school, public
library, and office of a county treasurer in the
implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state.
Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing
outside the county where the board is located within five
days after receiving
the applications.
(Z) On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board, consider
the board or other
designated site a polling
place for that day. All
requirements or prohibitions of law
that apply to a polling place shall apply
to the office of the
board or other designated site on that day.
Sec. 3501.17. (A) The expenses of the board of elections shall
be paid from the county treasury, in pursuance of appropriations
by the board of county commissioners, in the same manner as other
county expenses are paid. If the board of county commissioners
fails to appropriate an amount sufficient to provide for the
necessary and proper expenses of the board of elections pertaining to the conduct of elections,
the board of elections may apply to the court of common pleas within the county,
which shall fix the amount necessary to be appropriated and
the amount shall be appropriated. Payments shall be made upon
vouchers of the board of elections certified to by its
chairperson or acting chairperson and the
director or deputy director, upon warrants of the county auditor.
The board
of elections shall not
incur any obligation involving the expenditure of money unless
there are moneys sufficient in the funds appropriated therefor to
meet the obligation. If the board of elections requests a transfer of funds from one of its appropriation items to another, the board of county commissioners shall adopt a resolution providing for the transfer except as otherwise provided in section 5705.40 of the Revised Code. The expenses of the board of elections shall be apportioned among
the county and the various subdivisions as provided in this
section, and the amount chargeable to each subdivision shall be
withheld by the auditor from the moneys payable thereto at the
time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall
submit to the taxing authority of each subdivision, upon the
request of the subdivision, an estimate of the amount to be
withheld from the subdivision during the next fiscal year.
(B) Except as otherwise provided in division
(F) of this section, the entire compensation of the members of
the board of elections and of the director, deputy director, and other
regular employees in the board's offices, other than compensation for overtime worked; the expenditures for the
rental, furnishing, and equipping of the office of the board and
for the necessary office supplies for the use of the board; the
expenditures for the acquisition, repair, care, and custody of
the polling places, booths, guardrails, and other equipment for
polling places; the cost of pollbooks, tally sheets, maps, flags,
ballot boxes, and all other permanent records and equipment; the
cost of all elections held in and for the state and county; and
all other expenses of the board which are not chargeable to a
political subdivision in accordance with this section shall be
paid in the same manner as other county expenses are paid.
(C) The compensation of judges and clerks of elections and intermittent employees in the board's offices; the
cost of renting, moving, heating, and lighting polling places and
of placing and removing ballot boxes and other fixtures and
equipment thereof, including voting machines, marking devices, and automatic tabulating equipment; the cost of printing and delivering ballots,
cards of instructions, registration lists required under section 3503.23 of the Revised Code, and other election supplies, including the supplies required to comply with division (H) of section 3506.01 of the Revised Code; the cost of contractors engaged by the board to prepare, program, test, and operate voting machines, marking devices, and automatic tabulating equipment; and all other
expenses of conducting primaries and elections in the
odd-numbered years shall be charged to the subdivisions in and
for which such primaries or elections are held. The charge for
each primary or general election in odd-numbered years for each
subdivision shall be determined in the following manner: first,
the total cost of all chargeable items used in conducting such
elections shall be ascertained; second, the total charge shall be
divided by the number of precincts participating in such
election, in order to fix the cost per precinct; third, the cost
per precinct shall be prorated by the board of elections to the
subdivisions conducting elections for the nomination or election
of offices in such precinct; fourth, the total cost for each
subdivision shall be determined by adding the charges prorated to
it in each precinct within the subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as
a primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special
election is held on the same day as a primary or general election
in an odd-numbered year, the subdivision submitting the special
election shall be charged for the cost of ballots and advertising
for such special election, in addition to the charges prorated to
such subdivision for the election or nomination of candidates in
each precinct within the subdivision, as set forth in the
preceding paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision
based upon a ratio determined by the number of issues placed on
the ballot by each, except as otherwise provided in division
(G) of this section. Such proportional division of cost shall be
made only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or special
election solely for the purpose of submitting to the voters a statewide ballot
issue, the state shall bear the entire cost of the election in that precinct
and shall reimburse the county for all expenses incurred in opening the
precinct.
(G) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues, and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution, and any other section of law and. The Ohio ballot board shall reimburse the
counties secretary of state for all expenses they incur the secretary of state incurs for such advertising under division (G) of section 3505.062 of the Revised Code.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in which such registration is held.
(I) At the request of a majority of the members of the board of elections, the board of county commissioners may, by resolution, establish an elections revenue fund. Except as otherwise provided in this division, the purpose of the fund shall be to accumulate revenue withheld by or paid to the county under this section for the payment of any expense related to the duties of the board of elections specified in section 3501.11 of the Revised Code, upon approval of a majority of the members of the board of elections. The fund shall not accumulate any revenue withheld by or paid to the county under this section for the compensation of the members of the board of elections or of the director, deputy director, or other regular employees in the board's offices, other than compensation for overtime worked.
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the Revised Code, the board of county commissioners may, by resolution, transfer money to the elections revenue fund from any other fund of the political subdivision from which such payments lawfully may be made. Following an affirmative vote of a majority of the members of the board of elections, the board of county commissioners may, by resolution, rescind an elections revenue fund established under this division. If an elections revenue fund is rescinded, money that has accumulated in the fund shall be transferred to the county general fund.
(J) As used in this section, "statewide:
(1) "Political subdivision" and "subdivision" mean any board of county commissioners, board of township trustees, legislative authority of a municipal corporation, board of education, or any other board, commission, district, or authority that is empowered to levy taxes or permitted to receive the proceeds of a tax levy, regardless of whether the entity receives tax settlement moneys as described in division (A) of this section;
(2) "Statewide ballot issue" means any
ballot issue, whether proposed by the general assembly or by initiative or
referendum, that is submitted to the voters throughout the state.
Sec. 3501.31. The board of elections shall mail to each
precinct election official notice of the date, hours, and place
of
holding each election in the official's respective
precinct at
which it
desires the official to serve. Each of such officials
shall
notify the
board immediately upon receipt of such notice of
any inability to serve.
The election official
designated as
presiding judge under
section 3501.22 of the Revised Code
shall call at the office of
the board at such time before the day
of the election, not earlier
than the tenth day before the
day of the election, as the board
designates to obtain the ballots,
pollbooks, registration forms
and lists, and other material to be
used in the official's polling
place on election day.
The board may also provide for the delivery of such
materials
to polling places in a municipal corporation by members
of the
police department of such municipal corporation; or the
board may
provide for the delivery of such materials to the
presiding judge
not earlier than the tenth day before the
election, in any manner
it finds to be advisable.
On election day the precinct election officials shall
punctually attend the polling place one-half hour before the time
fixed for opening the polls. Each of the precinct election
officials shall thereupon make and subscribe to a statement which
shall be as follows:
County of ...............
I do solemnly swear under the penalty of perjury that I
will
support the constitution of the United States of America and
the
constitution of the state of Ohio and its laws; that I have
not
been convicted of a felony or any violation of the election
laws;
that I will discharge to the best of my ability the duties
of
.................... (judge or clerk) .................... judge of
election in and for precinct .................... in the
.................... (township) or (ward and city or village)
.................... in the county of ...................., in
the
election to be held on the .......... day of ...............,
....., as required by law and the rules and instructions of the
board of elections of said county; and that I will endeavor to
prevent fraud in such election, and will report immediately to
said board any violations of the election laws which come to my
attention, and will not disclose any information as to how any
elector voted which is gained by me in the discharge of my
official duties.
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
(Signatures of precinct election officials)"
If any of the other precinct officials is absent at that
time, the presiding judge, with the concurrence of a majority of
the precinct election officials present, shall appoint a
qualified
elector who is a member of the same political party as
the
political party of which such absent precinct election
official is
a member to fill the vacancy until the board appoints
a person to
fill such vacancy and the person so appointed reports
for duty at
the polling place. The presiding judge shall
promptly notify the
board of such vacancy by telephone or
otherwise. The presiding
judge also shall assign the
precinct election officials
to their
respective duties and shall have general charge of the
polling
place.
Sec. 3505.062. The Ohio ballot board shall
do all of the
following:
(A) Examine, within ten days after its receipt, each written initiative petition received from the attorney general under section 3519.01 of the Revised Code to determine whether it contains only one proposed law or constitutional amendment so as to enable the voters to vote on a proposal separately. If the board so determines, it shall certify its approval to the attorney general, who then shall file with the secretary of state in accordance with division (A) of section 3519.01 of the Revised Code a verified copy of the proposed law or constitutional amendment together with its summary and the attorney general's certification of it.
If the board determines that the initiative petition contains more than one proposed law or constitutional amendment, the board shall divide the initiative petition into individual petitions containing only one proposed law or constitutional amendment so as to enable the voters to vote on each proposal separately and certify its approval to the attorney general. If the board so divides an initiative petition and so certifies its approval to the attorney general, the petitioners shall resubmit to the attorney general appropriate summaries for each of the individual petitions arising from the board's division of the initiative petition, and the attorney general then shall review the resubmissions as provided in division (A) of section 3519.01 of the Revised Code.
(B) Prescribe the ballot language for constitutional
amendments proposed by
the general assembly to be printed on the
questions and issues ballot, which
language shall properly
identify the substance of the proposal to be voted
upon;
(C) Prepare an explanation of each
constitutional amendment
proposed by the general assembly,
which
explanation may include
the purpose and effects of the proposed amendment;
(D) Certify the ballot language and explanation, if any, to
the secretary of
state no later than
seventy-five days
before the election at which the
proposed question or issue is to
be submitted
to the voters;
(E)
Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition,
or a state law, or section or item of state law, subject
to a referendum
petition, if the persons otherwise responsible for
the preparation
of those arguments fail to timely prepare and file
them;
(F) Direct the means by which the secretary of state shall
disseminate
information concerning proposed
constitutional
amendments, proposed laws, and referenda to the voters;
(G) Direct the
chairperson to reimburse county
boards
of elections
for public notice costs associated with
statewide ballot issues, to the extent
that the general assembly
appropriates money for
that purpose secretary of state to contract for the publication in a newspaper of general circulation in each county in the state of the ballot language, explanations, and arguments regarding each of the following:
(1) A constitutional amendment or law proposed by initiative petition under Section 1g of Article II of the Ohio Constitution;
(2) A law, section, or item of law submitted to the electors by referendum petition under Section 1g of Article II of the Ohio Constitution;
(3) A constitutional amendment submitted to the electors by the general assembly under Section 1 of Article XVI of the Ohio Constitution.
Sec. 3505.063. (A) When the general assembly adopts a
resolution proposing a constitutional amendment, it
may, by
resolution, designate a group of members who voted in support of
the resolution to prepare arguments for the proposed amendment,
and a group of members who voted in opposition to the resolution
to prepare arguments against the proposed amendment. If no
members voted in opposition to the resolution,
or if the general
assembly chooses not to designate a group of members to prepare
arguments for the proposed amendment or chooses not to designate a
group of members to prepare arguments against the proposed
amendment, the Ohio ballot
board
shall prepare
or
designate a group of
persons to prepare
the
relevant arguments. All
arguments
prepared under this division
shall be filed with the
secretary of state not later
than
eighty days before the date
of the election. No
argument
shall exceed three hundred words.
(B)(1) If the group of members of the general assembly or
other group of persons designated under division (A) of this
section fail to prepare and file their arguments in support of or
in opposition to the proposed amendment by the eightieth day
before the date of the election, the secretary of state shall
notify the Ohio ballot board that those arguments have not been so
prepared and filed. The board then shall prepare the missing
arguments or designate a group of persons to prepare those
arguments. All arguments prepared under this division shall be
filed with the secretary of state not later than seventy-five days
before the date of the election. No argument shall exceed three
hundred words.
(2) If the Ohio ballot board fails to provide for the
preparation of missing arguments under division (B)(1) of this
section after being notified by the secretary of state that one or
more arguments have not been timely prepared and filed, the
positions of the four appointed members of the board shall be
considered vacant, and new members shall be appointed in the
manner provided for original appointments.
(C) The secretary of state shall disseminate information,
which may include part or all of the official explanation and
arguments concerning proposed amendments, by means of direct mail
or other written publication, broadcast, or
other means or
combination of means, as the Ohio ballot board may direct, in
order to inform the voters as fully as possible concerning
proposed amendments.
Sec. 3505.23. No voter shall be allowed to occupy a voting
compartment or use a voting machine more than five minutes when
all the voting compartments or machines are in use and voters are
waiting to occupy them. Except as otherwise provided by section
3505.24 of the Revised Code, no voter shall occupy a voting
compartment or machine with another person or speak to anyone,
nor shall anyone speak to the voter, while the
voter is in a voting compartment or machine.
In precincts that do not use voting machines the following
procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a
ballot the voter may return it to the precinct election
officials and
a second ballot shall be issued to the voter. Before
returning a torn,
soiled, defaced, or erroneously marked ballot, the voter shall
fold it so as to conceal any marks the voter made upon it,
but the voter shall
not remove Stub A therefrom. If the voter tears, soils, defaces,
or erroneously marks such second ballot, the voter may
return it to the
precinct election officials, and a third ballot shall be issued to
the voter. In no case shall more than three ballots be
issued to a
voter. Upon receiving a returned torn, soiled, defaced, or
erroneously marked ballot the precinct election officials shall
detach Stub A therefrom, write "Defaced" on the back of such
ballot, and place the stub and the ballot in the separate
containers provided therefor.
No elector shall leave the polling place until the elector
returns
to the precinct election officials every ballot issued to the
elector with Stub A on each ballot attached thereto, regardless of
whether the elector has or has not placed any marks upon the
ballot.
Before leaving the voting compartment, the voter shall fold
each ballot marked by the voter so that no part of the face
of the
ballot is visible, and so that the printing thereon indicating
the kind of ballot it is and the facsimile signatures of the
members of the board of elections are visible. The voter
shall then
leave the voting compartment, deliver the voter's ballots,
and state the voter's name to the judge having charge of the
ballot boxes, who shall
announce the name, detach Stub A from each ballot, and announce
the number on the stubs. The clerks judges in charge of the poll lists
or poll books shall check to ascertain whether the number so
announced is the number on Stub B of the ballots issued to such
voter, and if no discrepancy appears to exist, the judge in
charge of the ballot boxes shall, in the presence of the voter,
deposit each such ballot in the proper ballot box and shall place
Stub A from each ballot in the container provided therefor. The
voter shall then immediately leave the polling place.
No ballot delivered by a voter to the judge in charge of
the ballot boxes with Stub A detached therefrom, and only ballots
provided in accordance with Title XXXV of the Revised Code, shall
be voted or deposited in the ballot boxes.
In marking a presidential ballot, the voter shall
record the vote in the
manner provided on the ballot next to the names of
the
candidates for the offices of president and vice-president. Such
ballot shall be considered and counted as a vote for each of the
candidates for election as presidential elector whose names were
certified to the secretary of state by the political party of
such nominees for president and vice-president.
In marking an office type ballot or nonpartisan ballot, the
voter shall record the vote in the manner provided on the ballot next
to the name
of each candidate for whom the
voter desires to vote.
In marking a primary election ballot, the voter shall record the
vote in the manner provided on the ballot next to the
name of each
candidate for whom the voter desires to vote. If the voter
desires to
vote for the nomination of a person whose name is not printed on
the primary election ballot, the voter may do so by
writing such person's
name on the ballot in the proper place provided for such purpose.
In marking a questions and issues ballot, the voter shall
record the vote in the
manner provided
on the ballot at the
left or at the right of "YES" or "NO" or other words of
similar
import which are printed on the ballot to enable the voter to
indicate how the voter votes in connection with each question
or issue upon which the voter desires to vote.
In marking any ballot on which a blank space has been
provided wherein an elector may write in the name of a person for
whom he the elector desires to vote, the elector shall write
such person's
name in such blank space and on no other place on the ballot.
Unless specific provision is made by statute, no blank space
shall be provided on a ballot for write-in votes, and any names
written on a ballot other than in a blank space provided therefor
shall not be counted or recorded.
Sec. 3513.21. At the close of the polls in a primary
election, the judges and clerks of election shall proceed without
delay to canvass the vote, sign and seal it, and make returns
thereof to the board of elections forthwith on the forms to be
provided by the board. The provisions of Title XXXV of the
Revised Code relating to the accounting for and return of all
ballots at general elections apply to primary ballots.
If there is any disagreement as to how a ballot should be
counted it shall be submitted to all of the judges. If three of
the judges do not agree as to how any part of the ballot shall be
counted, that part of such ballot which three of the judges do
agree shall be counted and a notation made upon the ballot
indicating what part has not been counted, and shall be placed in
an envelope provided for that purpose, marked "Disputed Ballots"
and returned to the board. When the board has, by the adoption
of a resolution, provided that the officials at a party primary
election when only one party primary is to be held for the
nomination of candidates for municipal office, shall be two
judges and two clerks, the clerks shall be considered judges for
the purposes of this section.
The board shall, on the day when the vote is canvassed,
open such sealed envelopes, determine what ballots and for whom
they should be counted, and proceed to count and tally the votes
on such ballots.
Sec. 3517.106. (A) As used in this section:
(1) "Statewide office" means any of the offices of
governor,
lieutenant governor, secretary of state, auditor of
state,
treasurer of state, attorney general, chief justice of
the supreme
court, and justice of the supreme court.
(2) "Addendum to a statement" includes an amendment or other
correction to
that statement.
(B)(1) The secretary of state
shall store on computer the
information contained in statements
of contributions and
expenditures and monthly statements required
to be filed under
section 3517.10 of the Revised
Code and in statements of
independent expenditures required to be filed
under section
3517.105 of the Revised Code
by any of the following:
(a) The campaign committees of candidates for statewide
office;
(b) The political action committees and political contributing entities described in
division (A)(1) of section
3517.11 of the
Revised
Code;
(c) Legislative campaign funds;
(d) State political parties;
(e) Individuals, partnerships, corporations, labor
organizations, or other
entities that make
independent
expenditures in support of or opposition to a
statewide candidate
or a statewide ballot issue or
question;
(f) The campaign committees of candidates for the office of
member
of the
general assembly;
(g) County political parties, with respect to their state candidate funds.
(2) The secretary of state shall store on computer the information contained in disclosure of electioneering communications statements required to be filed under section 3517.1011 of the Revised Code.
(3) The secretary of state shall store on computer the information contained in deposit and disbursement statements required to be filed with the office of the secretary of state under section 3517.1012 of the Revised Code.
(4) The secretary of state shall store on computer the gift and disbursement information contained in statements required to be filed with the office of the secretary of state under section 3517.1013 of the Revised Code.
(C)(1) The secretary of state shall make
available to the
campaign committees, political action
committees, political contributing entities, legislative
campaign funds, political
parties, individuals,
partnerships, corporations, labor
organizations, and other entities
described in division (B) of
this section, and to
members of the news
media and other
interested persons, for a reasonable fee,
computer programs that
are compatible with the secretary of state's
method of storing the
information contained in the statements.
(2) The secretary of state shall make the information
required to be stored under division (B) of this section
available
on computer at the secretary of state's office so
that, to the
maximum extent feasible, individuals may obtain at
the secretary
of state's office any part or all of that information for
any
given year, subject to the limitation expressed in division
(D) of
this
section.
(D) The secretary of state shall keep the information
stored
on computer
under division (B) of this section for at least six
years.
(E)(1) Subject to division (L) of this section and subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of
state prescribes pursuant to division (H)(1) of this
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of
the Revised Code for the filing of campaign finance statements by
electronic means of
transmission,
the campaign
committee of each candidate for statewide office may
file the
statements prescribed by section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total amount
of the contributions received
or the total amount of the
expenditures made by the campaign
committee for the applicable
reporting period as specified in
division (A) of section 3517.10
of the Revised Code exceeds ten thousand
dollars, shall file those
statements by electronic means of transmission.
Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of
state by
electronic or other means of transmission, the secretary
of state shall make
available online to the public
through the
internet, as provided in division (I) of this section,
the
contribution and expenditure information in that statement.
The
secretary
of state shall not make available online to the public
through the
internet any contribution or expenditure information
contained in a
statement for any candidate until the secretary of
state is able to make
available online to the public through the
internet the
contribution and expenditure information for all
candidates for a
particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the secretary of
state has
available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the secretary of
state shall
simultaneously make available online to the public
through the
internet the information for all candidates for that
office.
If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the campaign
committee
shall file by electronic means of transmission any
addendum to the statement
that provides the
information necessary
to complete or correct the statement
or, if required by the
secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from a
campaign committee of a candidate for statewide
office an addendum to the
statement or an amended statement by
electronic or other means of transmission
under this division
or
division (B)(3)(a)
of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution
and expenditure
information
in the addendum or amended statement available online
to the public
through the internet as provided in division (I) of
this section.
(2) Subject
to the
secretary of state having implemented, tested, and verified
the successful
operation of any system the secretary of state
prescribes pursuant to division
(H)(1) of this section and
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised
Code for the filing
of campaign finance statements by electronic
means of transmission,
a
political
action committee and a political contributing entity described in
division
(B)(1)(b) of this section,
a legislative campaign fund, and
a state political party may file
the statements prescribed by
section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total amount of the contributions received or the total amount of the expenditures made by the political action committee, political contributing entity, legislative campaign fund, or state political party for the applicable reporting period as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission.
Within five business days after
a statement filed by a
political action committee or a political contributing entity
described in division
(B)(1)(b) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement.
If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the examination of the
statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement.
Within five business days after the secretary of state
receives from a
political action committee or a political contributing entity described in division (B)(1)(b) of this section,
a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum
or amended statement
available online to the public
through the internet as provided in division (I) of this section.
(3) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
a county political party
shall file the
statements prescribed by section 3517.10 of the
Revised
Code with respect to its state candidate fund by
electronic means of
transmission to the office of the secretary of state.
Within five business days after a statement filed by a
county
political party with respect to its state candidate fund is received by the
secretary of state by electronic
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in
that statement.
If a statement
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, a county political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement.
Within five business days after the secretary of state
receives from a
county political party an
addendum to the statement or an amended statement by electronic means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state
shall make the contribution and expenditure information in
the addendum or
amended statement available
online to the public
through the
internet as provided in division (I) of this section.
(F)(1) Subject to division (L) of this section and
subject to the secretary of
state having implemented, tested, and
verified the successful operation of any
system the secretary of
state prescribes pursuant to division (H)(1)
of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised
Code for the filing of campaign
finance statements by electronic
means of transmission,
a campaign committee of a
candidate for the office of member
of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals may
file the statements prescribed by
section 3517.10 of the
Revised
Code in accordance with division (A)(2) of section 3517.11 of the Revised Code or by electronic means of
transmission to the office of the secretary of state or, if the total amount of the contributions received by the campaign committee for the applicable reporting period as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission to the office of the secretary of state.
Except as otherwise provided in this division, within five
business days
after a statement filed by a campaign committee of a
candidate for the office
of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals is
received by the secretary of state by
electronic or other means of
transmission,
the secretary of state shall make available online
to the public
through the internet, as provided in division (I) of
this section,
the contribution and expenditure information in
that
statement. The secretary
of state shall not make available online
to the public through the
internet any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the
secretary of state has
available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the
secretary of state shall
simultaneously make available online to
the public through the
internet the information for all candidates
for that
office.
If a statement filed by electronic means of transmission
is found to be
incomplete or inaccurate after the
examination of the statement
for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the campaign committee
shall file by electronic means of
transmission to the office of the secretary
of state
any addendum to the statement
that provides the
information
necessary to complete or correct the statement or, if required by
the secretary of state under that division, an amended statement.
Within five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals an addendum to the
statement or
an amended statement by electronic or other means of transmission
under this division
or division (B)(3)(a) of section 3517.11 of
the Revised Code, the
secretary of
state shall
make the
contribution and expenditure information in the addendum or
amended
statement available online to
the public through the
internet as provided in division (I) of this
section.
(2) If a statement,
addendum, or amended statement is not
filed by electronic means of
transmission to the office of the secretary of state but
is filed by printed version
only under division (A)(2) of section 3517.11 of the Revised Code with the appropriate board of elections, the campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals shall
file two copies of the printed
version of the statement, addendum,
or amended statement with the
board of elections. The
board of elections shall send
one of those copies by overnight
delivery service certified mail to the secretary
of state before the close of
business on the day the board of
elections receives the statement,
addendum, or amended statement.
(G) Subject to the secretary of state having implemented, tested, and
verified the
successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code
for the filing of campaign finance statements by electronic
means of
transmission,
any
individual, partnership, or
other entity that makes independent
expenditures in support of or
opposition to a statewide candidate
or a statewide ballot issue or
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section
3517.105 of the Revised Code may
file the statement
specified in
that division by electronic means
of transmission or, if the total amount of independent expenditures made during the reporting period under that division exceeds ten thousand dollars, shall file the statement specified in that division by electronic means of transmission.
Within five business days
after a statement filed by an
individual, partnership, or other entity is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make
available
online to the public
through the internet, as provided in division
(I) of this section,
the expenditure
information in that statement.
If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from an
individual, partnership, or other entity
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105
of
the Revised Code an addendum to the statement or an
amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of
the
Revised
Code, the secretary of
state shall make the expenditure
information in the addendum or amended
statement
available online
to the public through the internet as provided in
division (I) of
this section.
(H)(1) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe one or
more
techniques by which a person who executes
and transmits by
electronic means a statement of contributions
and expenditures, a
statement of independent expenditures, a disclosure of electioneering communications statement, a deposit and disbursement statement, or a gift and disbursement statement, an
addendum to any of those statements, an amended statement of contributions and
expenditures,
an amended statement of independent expenditures, an amended disclosure of electioneering communications statement, an amended deposit and disbursement statement, or an amended gift and disbursement statement, under this
section or section
3517.10, 3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised
Code shall
electronically sign
the statement, addendum, or amended statement.
Any technique prescribed by
the secretary of state pursuant to
this division shall create an electronic
signature that satisfies
all of the following:
(a) It is unique to the signer.
(b) It objectively identifies the signer.
(c) It involves the use of a signature device or other means
or
method that is under the sole control of the signer and that
cannot be readily
duplicated or compromised.
(d) It is created and linked to the electronic record to
which it
relates in a manner that, if the record or signature is
intentionally or
unintentionally changed after
signing, the
electronic signature is invalidated.
(2) An electronic signature prescribed by the secretary of
state under
division
(H)(1) of this section shall be
attached to
or associated with the statement of contributions
and
expenditures, the statement of independent expenditures,
the disclosure of electioneering communications statement, the deposit and disbursement statement, or the gift and disbursement statement, the
addendum to any of those statements, the amended statement of
contributions
and expenditures, the amended statement of
independent expenditures, the amended disclosure of electioneering communications statement, the amended deposit and disbursement statement, or the amended gift and disbursement statement
that is executed and
transmitted by
electronic means by the person to whom the
electronic signature is
attributed. The electronic signature
that is attached to or
associated with the statement, addendum, or amended
statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the
signature had
been handwritten in ink on a printed form.
(I) The secretary of state shall make the contribution and
expenditure, the contribution and disbursement, the deposit and disbursement, or the gift and disbursement information in all statements, all addenda to the
statements, and
all amended statements that are filed with the
secretary of state by
electronic or other means of transmission
under this section or section
3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of the
Revised Code available
online to the public by any means that are
searchable, viewable, and
accessible through the internet.
(J)(1) As used in this division,
"library" means a library
that is open to the public and that is
one of the following:
(a) A library that is maintained and regulated under section
715.13 of the Revised Code;
(b) A library that is created, maintained, and regulated
under
Chapter 3375. of the Revised Code.
(2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information
in
campaign finance statements required to be made
available online to the public
through the internet pursuant to
division (I) of this section may
be accessed.
If that location is part of
the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public.
(3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of
transmission
pursuant
to division (H)(1) of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code includes filing those statements
through the internet via the world
wide web, the
secretary of state shall notify all libraries of the
world wide
web location at which those statements may be filed.
If those statements may be
filed
through the internet via the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required
by this division, the library shall include a
link to that world
wide web location on each internet-connected
computer it maintains
that is accessible to the public.
(K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action
committee, political contributing entity,
legislative campaign fund, or political party,
any individual, partnership, or other entity, or any person making disbursements to pay the direct costs of producing or airing electioneering communications,
for the failure to file by electronic
means of transmission a
campaign finance
statement as required by this section or section
3517.10, 3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code that
all of the
following
apply to the campaign committee, political action committee, political contributing entity,
legislative campaign fund, or political party,
the individual, partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications, that failed to so
file:
(1) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications attempted to
file by electronic means of
transmission the required
statement
prior to the deadline set forth in the applicable section.
(2) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications was unable to
file by electronic means of
transmission due to an
expected or
unexpected shutdown of the whole or part of the electronic
campaign finance statement-filing system, such as for maintenance
or because
of hardware, software, or network connection failure.
(3) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications filed by
electronic means of
transmission the required statement within a
reasonable period of time after
being unable to so file it under
the circumstance described in division
(K)(2) of this section.
(L)(1) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code to permit a campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during the filing period or a campaign committee for the office of member of the general assembly or the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) or (F) of this section to file those statements by paper with the office of the secretary of state. Those rules shall provide for all of the following:
(a) An eligible campaign committee that wishes to file a campaign finance statement by paper instead of by electronic means of transmission shall file the statement on paper with the office of the secretary of state not sooner than twenty-four hours after the end of the filing period set forth in section 3517.10 of the Revised Code that is covered by the applicable statement.
(b) The statement shall be accompanied by a fee, the amount of which the secretary of state shall determine by rule. The amount of the fee established under this division shall not exceed the data entry and data verification costs the secretary of state will incur to convert the information on the statement to an electronic format as required under division (I) of this section.
(c) The secretary of state shall arrange for the information in campaign finance statements filed pursuant to division (L) of this section to be made available online to the public through the internet in the same manner, and at the same times, as information is made available under divisions (E), (F), and (I) of this section for candidates whose campaign committees file those statements by electronic means of transmission.
(d) The candidate of an eligible campaign committee that intends to file a campaign finance statement pursuant to division (L) of this section shall file a notice indicating that the candidate's campaign committee intends to so file and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee.
(e) An eligible campaign committee that files a campaign finance statement on paper pursuant to division (L) of this section shall review the contribution and information made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on that web site.
(f) If an eligible campaign committee whose candidate has filed a notice in accordance with rules adopted under division (L)(1)(d) of this section subsequently fails to file that statement on paper by the applicable deadline established in rules adopted under division (L)(1)(a) of this section, penalties for the late filing of the campaign finance statement shall apply to that campaign committee for each day after that paper filing deadline, as if the campaign committee had filed the statement after the applicable deadline set forth in division (A) of section 3517.10 of the Revised Code.
(2) The process for permitting campaign committees that would otherwise be required to file campaign finance statements by electronic means of transmission to file those statements on paper with the office of the secretary of state that is required to be developed under division (L)(1) of this section shall be in effect and available for use by eligible campaign committees for all campaign finance statements that are required to be filed on or after June 30, 2005. Notwithstanding any provision of the Revised Code to the contrary, if the process the secretary of state is required to develop under division (L)(1) of this section is not in effect and available for use on and after June 30, 2005, all penalties for the failure of campaign committees to file campaign finance statements by electronic means of transmission shall be suspended until such time as that process is in effect and available for use.
(3) Notwithstanding any provision of the Revised Code to the contrary, any eligible campaign committee that files campaign finance statements on paper with the office of the secretary of state pursuant to division (L)(1) of this section shall be deemed to have filed those campaign finance statements by electronic means of transmission to the office of the secretary of state.
Sec. 3517.11. (A)(1) Campaign committees of candidates
for
statewide office or the state board of education, political
action committees or political contributing entities that make
contributions to campaign committees
of candidates that are
required to file the statements prescribed by section
3517.10 of
the Revised Code with the secretary of state,
political action
committees or political contributing entities that
make
contributions to campaign
committees of candidates for member of
the general assembly,
political action committees or political contributing entities that
make contributions to state and
national political parties and to legislative campaign
funds,
political action committees or political contributing entities
that
receive contributions or make expenditures in connection with
a
statewide ballot issue, political action committees or political contributing entities that make
contributions to other political
action committees or political contributing entities, political
parties, and campaign committees, except as set forth in division
(A)(3) of this section, legislative campaign funds,
and state and
national political parties
shall file the statements prescribed by
section 3517.10 of the
Revised Code with the secretary of state.
(2)(a) Except as otherwise provided in division (F)
of section
3517.106
of the Revised Code, campaign committees of candidates
for all other
offices shall file the statements prescribed by
section 3517.10
of the Revised Code with the board of elections
where their
candidates are required to file their petitions or
other papers
for nomination or election.
(b) A campaign committee of a candidate for office of member of
the
general assembly or a campaign committee of a candidate for the office of judge of a court of appeals shall file two copies of the printed version
of
any statement, addendum, or amended statement if the committee
does not file pursuant to division (F)(1) or (L) of section 3517.106 of the
Revised Code but files by printed version only with
the
appropriate board of elections. The board of elections shall send
one of
those copies by overnight delivery service certified mail to the secretary
of state
before the close of business on the day the board of
elections
receives the statement, addendum, or amended statement.
(3) Political action committees or political contributing entities
that only contribute to a
county political party,
contribute to campaign committees of
candidates whose nomination
or election is to be submitted only
to electors within a county,
subdivision, or district, excluding
candidates for member of the
general assembly, and receive
contributions or make expenditures
in connection with ballot
questions or issues to be submitted only
to electors within a
county, subdivision, or district shall file
the statements
prescribed by section 3517.10 of the Revised Code
with the board
of elections in that county or in the county
contained in whole
or part within the subdivision or district
having a population
greater than that of any other county
contained in whole or part
within that subdivision or district, as
the case may be.
(4) Except as otherwise provided in division (E)(3) of section 3517.106 of the Revised Code with respect to state candidate funds, county political parties shall file the statements
prescribed by section 3517.10 of the Revised Code with the board
of elections of their respective counties.
(B)(1) The official with whom petitions and other papers for
nomination or election to public office are filed shall furnish
each candidate at the time of that filing a copy of
sections
3517.01, 3517.08 to 3517.11,
3517.13 to 3517.993, 3599.03,
and
3599.031 of the Revised Code and any other materials that the
secretary of
state may require. Each candidate receiving the
materials shall acknowledge
their receipt in writing.
(2) On or before the tenth day before the dates on which
statements are required to be filed by section 3517.10 of the
Revised Code, every candidate subject to the provisions of this
section and sections 3517.10 and
3517.106 of the Revised
Code
shall be notified
of the requirements and applicable penalties of
those sections.
The secretary of state, by certified mail, return
receipt
requested, shall
notify all candidates required to file
those statements with the secretary of state's office. The
board
of elections of every
county shall notify by first class mail any
candidate who has
personally appeared at the office of the board
on or before the
tenth day before the statements are required to
be
filed and signed a form,
to be provided by the secretary of
state, attesting that the
candidate has been notified of the
candidate's obligations
under the campaign
finance law. The board
shall forward the completed form to
the
secretary of state. The
board shall use certified mail,
return receipt requested, to
notify all other candidates required
to file those statements with
it.
(3)(a) Any statement required to be filed under sections
3517.081
to 3517.17 of the Revised Code that is found
to be
incomplete or inaccurate by the officer to whom it is submitted
shall be
accepted on a conditional basis, and the person who filed
it
shall be notified by certified mail as to the incomplete or
inaccurate nature of the statement. The secretary of state
may
examine statements filed for candidates for the office of
member
of the general assembly and candidates for the office of judge of a court of appeals for completeness and accuracy.
The secretary of state shall examine
for
completeness and accuracy statements that
campaign committees
of candidates for the office
of member of the general assembly and campaign committees of candidates for the office of judge of a court of appeals
file
pursuant to division (F) or (L)
of section 3517.106
of the Revised Code. If
an officer at the
board of elections where a statement filed for a candidate
for the
office of member of the general
assembly or for a candidate for the office of judge of a court of appeals was submitted finds the
statement to be incomplete or
inaccurate, the officer shall
immediately notify the
secretary of state of
its incomplete or
inaccurate nature. If either an officer at the
board of elections
or the secretary of state finds a statement filed for a
candidate
for the office of member of the general
assembly or for a candidate for the office of judge of a court of appeals to be incomplete
or inaccurate, only the
secretary of state shall send the
notification as to the incomplete or
inaccurate nature of the
statement.
Within twenty-one
days
after
receipt of the notice, in the
case of a
pre-election statement, a
postelection
statement, a monthly statement, an annual statement, or a semiannual statement
prescribed
by section 3517.10, an annual statement
prescribed by section
3517.101, or a statement
prescribed by
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 or
section 3517.107 of the
Revised
Code,
the recipient shall file an addendum, amendment, or other
correction to the statement providing
the information necessary to
complete or correct the statement.
The secretary of state may
require that, in lieu of filing
an addendum, amendment, or other
correction to a statement that
is filed by electronic means of
transmission to the office of
the secretary of state pursuant to
section 3517.106 of the
Revised Code, the recipient of the
notice
described in this division file by electronic means of
transmission an amended statement that incorporates
the information necessary
to complete or correct the statement.
The secretary of state shall determine by rule when an addendum,
amendment, or other correction to any of the following or when an amended statement of any of the following shall be filed:
(i) A
two-business-day statement
prescribed by section 3517.10 of
the Revised Code;
(ii) A disclosure of electioneering communications statement prescribed by division (D) of section 3517.1011 of the Revised Code;
(iii) A deposit and disbursement statement prescribed under division (B) of section 3517.1012 of the Revised Code;
(iv) A gift and disbursement statement prescribed under section 3517.1013 of the Revised Code.
An addendum,
amendment, or other
correction to a statement that is filed by
electronic means of transmission pursuant to
section 3517.106 of the Revised Code shall be filed in the same
manner as the
statement.
The provisions of sections 3517.10,
3517.106, 3517.1011, 3517.1012, and 3517.1013 of the Revised Code pertaining to
the filing of
statements of contributions and expenditures, statements of
independent expenditures, disclosure of electioneering communications statements, deposit and disbursement statements, and gift and disbursement statements by electronic means of transmission apply to the filing of addenda, amendments, or other
corrections to those
statements by electronic means of
transmission and
the
filing of amended statements by electronic means of
transmission.
(b) Within five business days after the secretary
of state
receives, by electronic or other means of transmission, an
addendum,
amendment, or other correction to a statement or an
amended statement under
division (B)(3)(a) of this section, the
secretary of
state, pursuant to divisions (E), (F), (G), and
(I)
of section 3517.106 or division (D) of section 3517.1011 of the Revised Code, shall make the
contribution and
expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in that
addendum,
amendment, correction, or amended statement available online to
the
public through the internet.
(4)(a) The secretary of state or
the board of elections
shall
examine all statements for compliance with sections 3517.08
to
3517.17 of the Revised Code.
(b) The secretary of state may contract with an individual
or entity not associated with the
secretary of state and
experienced in interpreting the campaign finance
law of this state
to conduct examinations of statements filed
by
any statewide
candidate, as defined in section
3517.103 of the
Revised Code.
(c) The examination shall be conducted
by a person or entity
qualified to conduct it. The results of the
examination
shall be
available to the public, and, when the examination is
conducted by
an individual or entity not associated with the secretary of
state, the
results of the examination shall be reported to the
secretary of state.
(C)(1) In the event of a failure to file or a late filing
of
a statement required to be filed under sections 3517.081 to
3517.17 of the Revised Code, or if a filed statement or any
addendum, amendment, or other correction to a statement or any amended statement, if an addendum, amendment, or other correction or an amended statement is required to be
filed,
is incomplete or inaccurate or appears to disclose a failure to
comply with or a
violation of law, the official whose duty
it is
to examine the statement shall promptly file a complaint
with the
Ohio elections commission
under section 3517.153 of the Revised
Code if the law is one over which the
commission has
jurisdiction
to hear complaints, or the official
shall promptly report the
failure or violation to the board of elections and the board shall
promptly
report it to the prosecuting attorney in accordance with
division (J)
of section 3501.11 of the Revised Code. If the
official
files a complaint with the
commission, the commission
shall proceed in accordance with sections 3517.154
to 3517.157 of
the Revised Code.
(2) For purposes of division (C)(1) of this section, a
statement
or an addendum, amendment, or other correction to a statement or an amended statement required to be
filed under
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or
inaccurate under this section if the statement, addendum, amendment, other correction, or amended statement fails
to disclose substantially all contributions or gifts that are received
or deposits that are made that are required to be reported under
sections
3517.10, 3517.107, 3517.108, 3517.1011, 3517.1012, and 3517.1013 of the
Revised
Code or if the
statement,
addendum, amendment, other correction, or amended statement fails to disclose at least ninety per cent
of the total
contributions or gifts received or deposits made or of the total expenditures
or disbursements made during
the reporting period.
(D) No certificate of nomination or election shall be
issued
to a person, and no person elected to an office
shall enter upon
the performance of the duties of
that office, until that person or
that
person's campaign
committee, as
appropriate, has fully
complied with this section
and sections
3517.08, 3517.081,
3517.10, and 3517.13 of the Revised Code.
Sec. 3599.17. (A) No elections official serving as a
registrar, or judge, or clerk of elections shall
do any of the following:
(1) Fail to
appear before the board of elections, or its representative, after notice has
been served personally upon the official
or left at the official's usual place
of residence, for
examination as to the official's
qualifications;
(2) Fail to appear at the polling place to which
the official is assigned at the hour and during the
hours set for the
registration or election;
(3) Fail to take the oath prescribed by section
3501.31 of the Revised Code, unless excused by such board;
(4) Refuse or
sanction the refusal of another registrar or judge of elections to administer
an oath required by law;
(5) Fail to send notice to the board of the
appointment of a judge or clerk to fill a vacancy;
(6) Act as registrar, or judge,
or clerk without having been appointed and having received a certificate of
appointment, except a judge or clerk appointed to fill a vacancy caused by
absence or removal;
(7) Fail in any other way to perform any duty imposed by
law.
(B) Whoever violates division (A) of this section
is guilty of a misdemeanor of the first degree.
Sec. 3599.19. (A) No judge or clerk of elections shall
knowingly do any of the following:
(1) Unlawfully open or permit to be opened the sealed package
containing registration lists, ballots, blanks, pollbooks, and
other papers and material to be used in an election;
(2) Unlawfully misplace, carry away, negligently lose or
permit to be
taken from the judge or clerk, fail to deliver, or destroy
any such packages, papers, or material;
(3) Receive or sanction the
reception of a ballot from a person not a qualified elector or
from a person who refused to answer a question in accordance with
the election law;
(4) Refuse to receive or sanction the rejection
of a ballot from a person, knowing that person to be a
qualified elector;
(5) Permit a fraudulent ballot to be placed in the
ballot box;
(6) Place or permit to be placed in any ballot box any
ballot known by the judge or clerk to be improperly or
falsely marked;
(7) Count or permit to be counted any illegal or
fraudulent
ballot;
(8) Mislead an elector who is physically unable to prepare
the elector's ballot, mark a ballot for
such elector otherwise than
as
directed by that elector, or disclose to any person,
except
when legally
required to do so, how such elector voted;
(9) Alter or mark or permit any alteration or marking on any
ballot when counting the ballots;
(10) Unlawfully count or tally or sanction the wrongful
counting or tallying of votes;
(11) After the counting of votes
commences, as required by law, postpone or sanction the
postponement of the counting of votes, adjourn at any time or to
any place, or remove the ballot box from the place of voting, or
from the custody or presence of all the judges and clerks of such
elections;
(12) Permit any ballot to remain or to be in the ballot
box at the opening of the polls, or to be put in the box
during the
counting of the ballots, or to be left in the box
without being
counted;
(13) Admit or sanction the admission to the polling room
at an election during the receiving, counting, and certifying of
votes of any person not qualified by law to be so admitted;
(14) Refuse to admit or sanction the refusal to admit any
person, upon
lawful request for admission, who is legally qualified
to be present;
(15) Permit or sanction the counting of the ballots contrary
to the
manner prescribed by law;
(16) Neglect or unlawfully
execute any duty enjoined upon the judge or clerk by law.
(B) Whoever violates division (A) of this section
is guilty of a
misdemeanor of the first degree.
Sec. 3599.37. (A) No person having been subpoenaed or ordered to
appear before a
grand jury, court, board, or officer in a proceeding or prosecution upon a
complaint, information, affidavit, or indictment for an offense under an
election law shall do either of the following:
(1) Fail to appear or, having appeared, refuse to answer a
question pertinent to the matter under inquiry or investigation;
(2) Refuse to
produce, upon reasonable notice, any material, books, papers, documents, or
records in that person's possession or under
that person's control.
(B) Whoever violates division (A) of this section, unless the violator claims personally appears before the grand jury, court, board, or officer and asserts the protection of
the violator's constitutional rights, is guilty of a misdemeanor of
the
first degree.
Sec. 3701.047. (A) As used in this section:
(1) "Federally qualified health center" means a health center that receives a federal public health services grant under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, or another health center designated by the U.S. Health Resources and Services Administration as a federally qualified health center.
(2) "Federally qualified health center look-alike" means a public or not-for-profit health center that meets the eligibility requirements to receive a federal public health services grant under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, but does not receive grant funding.
(B) The department of health may enter into an agreement with the state's primary care association to promote the establishment of new federally qualified health centers and federally qualified health center look-alikes.
The department and the association may assist local communities and community health centers by providing grants and grant writing assistance to establish health centers as defined in 42 U.S.C. 254b, regardless of whether the health centers apply for a grant under that section.
Sec. 3701.135. (A) The autism diagnosis education pilot program is hereby established in the department of health. The program shall have the following goals:
(1) To educate health care professionals, teachers and other educational personnel, child care providers, parents, early intervention and developmental disabilities providers, and other community-based services providers in this state regarding the diagnosis of autism spectrum disorders, including the range of symptoms that may indicate autism spectrum disorders and screening tools;
(2) To promote appropriate standards for the diagnosis of autism spectrum disorders in children, including screening tools and treatment planning for children diagnosed with autism spectrum disorders;
(3) To encourage physicians and other health care professionals with expertise in screening, diagnosing, and treating autism spectrum disorders to share that information with other health care professionals in this state;
(4) To encourage the regional coordination of services to facilitate the effective, timely treatment of children diagnosed with autism spectrum disorders.
(B) The director of health shall contract with a statewide association representing pediatric physicians to conduct or administer the autism diagnosis education pilot program.
Sec. 3701.74. (A)
As used in this section and section
3701.741 of the Revised Code:
(1)
"Ambulatory care facility" means a facility that
provides
medical, diagnostic, or surgical treatment to patients
who do not
require hospitalization, including a dialysis center,
ambulatory
surgical facility, cardiac catheterization facility,
diagnostic
imaging center, extracorporeal shock wave lithotripsy
center, home
health agency, inpatient hospice, birthing center,
radiation
therapy center, emergency facility, and an urgent care
center.
"Ambulatory care facility" does not include the
private
office of
a physician or dentist, whether the office is
for an
individual or
group practice.
(2) "Chiropractor" means an individual licensed
under
Chapter
4734. of the Revised Code to practice chiropractic.
(3) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(4)
"Health care practitioner" means all of the following:
(a) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(b) A registered or licensed practical nurse licensed
under
Chapter 4723. of the Revised Code;
(c) An optometrist licensed under Chapter 4725. of the
Revised Code;
(d) A dispensing optician, spectacle dispensing optician,
contact lens dispensing optician, or spectacle-contact lens
dispensing optician licensed under Chapter 4725. of the Revised
Code;
(e) A pharmacist licensed under Chapter 4729. of the
Revised
Code;
(g) A physician assistant authorized under
Chapter 4730. of
the Revised Code to practice as a physician assistant;
(h) A practitioner of a limited branch of medicine issued
a
certificate under Chapter 4731. of the Revised Code;
(i) A psychologist licensed under Chapter 4732. of the
Revised Code;
(k) A hearing aid dealer or fitter licensed under Chapter
4747. of the Revised Code;
(l) A speech-language pathologist or audiologist licensed
under
Chapter 4753. of the Revised Code;
(m) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(n) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(o) A professional clinical counselor, professional
counselor,
social worker, or
independent social worker licensed,
or a social
work assistant registered, under Chapter 4757. of the
Revised Code;
(p) A dietitian licensed under Chapter 4759. of the
Revised
Code;
(q) A respiratory care professional licensed under
Chapter
4761. of the Revised Code;
(r) An emergency medical technician-basic, emergency
medical
technician-intermediate, or emergency medical
technician-paramedic
certified under Chapter 4765. of the Revised
Code.
(5) "Health care provider"
means a hospital, ambulatory
care facility, long-term
care facility, pharmacy, emergency
facility, or health care
practitioner.
(6) "Hospital" has the same meaning as in section 3727.01
of
the Revised Code.
(7)
"Long-term care facility" means a nursing home,
residential care facility, or home
for the aging,
as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01
of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the
"Social
Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(8) "Medical record" means data in any form that pertains
to a patient's medical history,
diagnosis, prognosis, or medical
condition and that is generated
and maintained by a health care
provider
in the process of the patient's health care
treatment.
(9) "Medical records company" means a person who stores,
locates,
or copies medical records for a health care provider,
or
is compensated for doing so by a health care provider, and
charges
a fee for providing medical records to a
patient or patient's
representative.
(10) "Patient" means either of the following:
(a) An individual who received health
care treatment from a
health care provider;
(b) A guardian, as defined in
section 1337.11 of the Revised
Code, of an individual
described in division (A)(10)(a) of this
section.
(11) "Patient's personal representative" means a minor patient's parent or other person acting in loco parentis, a court-appointed guardian, or a person with durable power of attorney for health care for a patient, the executor
or administrator of
the patient's estate, or the person responsible
for the patient's estate if it
is not to be probated. "Patient's personal
representative" does not include an insurer
authorized under Title
XXXIX of the Revised Code to do the business of
sickness and
accident insurance in this state, a health insuring corporation
holding a certificate of authority under Chapter 1751. of the
Revised Code, or any other person not named in this division.
(12)
"Pharmacy" has the same meaning as in section 4729.01
of
the Revised Code.
(13) "Physician" means a person authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery,
or
podiatric medicine
and surgery.
(14) "Authorized person" means a person to whom a patient has given written authorization to act on the patient's behalf regarding the patient's medical record.
(B) A patient, a patient's personal representative or an authorized person who wishes to
examine
or obtain a copy of
part or all of a medical record
shall
submit to the
health care provider
a
written request
signed by
the patient, personal representative, or authorized person dated not more
than sixty
days one year
before the
date on
which it is submitted.
The
request shall indicate
whether the copy is to be sent to
the
requestor,
physician or chiropractor, ,
or held
for the
requestor at the office of the
health care
provider. Within a
reasonable
time after
receiving a request that
meets the
requirements of this
division
and includes sufficient
information
to identify the
record
requested, a health care
provider
that has
the patient's
medical records
shall permit the
patient to
examine
the
record during regular business hours
without charge
or, on
request, shall provide a
copy of
the record
in accordance
with
section 3701.741 of the
Revised Code, except
that if a
physician or chiropractor
who has treated the
patient
determines for
clearly
stated treatment reasons that
disclosure of
the requested record
is likely to have an adverse
effect on the
patient, the
health
care provider
shall provide the record to a
physician or
chiropractor
designated by
the
patient. The health
care provider
shall take
reasonable steps to establish
the
identity of the
person making the request to
examine or obtain a
copy of
the
patient's record.
(C) If a health care provider
fails
to
furnish a medical
record as required by division (B) of this
section, the
patient, personal representative, or authorized person
who requested the
record may bring a
civil action to enforce the
patient's right of
access to the
record.
(D)(1) This section does not apply to medical
records whose
release is covered by section 173.20 or 3721.13 of the Revised
Code, by Chapter 1347.
or 5122. of the Revised Code, by 42 C.F.R.
part 2, "Confidentiality of Alcohol and Drug
Abuse Patient
Records," or by 42
C.F.R.
483.10.
(2) Nothing in this section is intended to
supersede the
confidentiality provisions of sections 2305.24, 2305.25,
2305.251, and 2305.252 of the
Revised Code.
Sec. 3701.741. (A) Through December 31, 2008, each
health
care provider and medical records
company shall provide copies of
medical records in accordance with this
section.
(B) Except as provided in divisions (C) and (E)
of this
section, a health care provider
or medical records company that
receives a request for a copy of a patient's
medical record shall
charge not more than the amounts set forth in this section.
(1) If the request is made by the patient or the patient's personal representative, total
costs for copies and all services related to those copies shall
not
exceed the sum of the following:
(a) With respect to data recorded on paper, the following amounts:
(i) Two dollars and fifty cents per page for the first ten pages;
(ii) Fifty-one cents per page for pages eleven through fifty;
(iii) Twenty cents per page for pages fifty-one and higher;
(b) With respect to data recorded other than on paper, one dollar and seventy cents per page;
(c) The actual cost of any related postage incurred by the health care provider or medical records company.
(2) If the request is made other than by the patient or the patient's personal representative, total costs for copies and all services related to those copies shall not exceed the sum of the following:
(a) An initial fee of fifteen dollars and thirty-five cents, which shall
compensate for the
records search;
(b) With respect to data recorded on paper,
the following
amounts:
(i) One dollar and two cents per page for the first ten pages;
(ii) Fifty-one cents per page for pages eleven through fifty;
(iii) Twenty cents per page for pages fifty-one and higher.
(c) With respect to data recorded other than on paper, one dollar and seventy cents per page;
(d) The actual cost of any related postage incurred by the
health care
provider or medical records company.
(C)(1) A health care provider or medical records company shall
provide one copy without charge to the following:
(a) The bureau of workers' compensation, in accordance with
Chapters 4121. and 4123. of the Revised Code and the rules adopted
under those
chapters;
(b) The industrial commission, in accordance with Chapters
4121.
and 4123. of the Revised Code and the rules adopted under
those chapters;
(c) The department of job and family services or a county department of job and family services, in accordance
with
Chapter Chapters 5101. and 5111. of the Revised Code and the rules adopted under
those chapters;
(d) The attorney general, in accordance with sections 2743.51 to 2743.72 of the Revised Code and any rules that may be adopted under those sections;
(e) A patient or patient's personal representative if
the medical
record is necessary to support a claim under Title
II or
Title XVI
of the "Social Security
Act," 49
Stat. 620 (1935), 42 U.S.C.A. 401
and 1381, as amended, and the request
is accompanied by
documentation that a claim has been filed.
(2) Nothing in division (C)(1) of this section requires a health care provider or medical records company to provide a copy without charge to any person or entity not listed in division (C)(1) of this section.
(D) Division (C) of this section shall not be construed
to
supersede any rule of the bureau of workers' compensation, the
industrial
commission, or the department of job and family
services.
(E) A health care provider or medical
records company may
enter into a contract with either of the following for
the copying of medical records at a fee other
than as provided in division
(B) of this section:
(1) A patient, a patient's personal representative, or an authorized person;
(2) An insurer authorized under Title XXXIX of the Revised Code to do the business of sickness and accident insurance in this state or health insuring corporations holding a certificate of authority under Chapter 1751. of the Revised Code.
(F) This section does not apply to medical records the copying of
which is covered by
section 173.20 of the Revised Code or by 42
C.F.R. 483.10.
Sec. 3702.52. The director of health shall administer
a state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under
those sections.
(A) The director shall issue rulings on whether a
particular proposed project is a reviewable activity. The
director shall issue a ruling not later than forty-five days after
receiving a request for a ruling accompanied by the information
needed to make the ruling. If the director does not issue a
ruling in that time, the project shall be considered to
have been ruled not a reviewable activity.
(B) The director shall review applications for
certificates of need. Each application shall be submitted to the
director on forms prescribed by the director, shall include all
information required by rules adopted under division (B) of
section 3702.57 of the Revised Code, and shall be accompanied by
the application fee established in rules adopted under division
(G) of that section. Application
Application fees received by the director
under this division shall be deposited into the state treasury to
the credit of the certificate of need fund, which is hereby
created. The director shall use the fund only to pay the costs
of administering sections 3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised Code
and rules adopted under those sections.
The director shall mail to the applicant a written notice that the application
meets the criteria for a complete application specified in rules adopted under
section 3702.57 of the Revised Code, or a written request for additional
information, not later than fifteen thirty days after
receiving an application or a response to an earlier request for information.
The director shall not make more than two requests for additional information.
The director may conduct a public informational hearing in the course of
reviewing any application for a certificate of need, and shall conduct one if
requested to do so by any affected person not later than fifteen days after
the director mails the notice that the application is complete. The hearing
shall be conducted in the community in which the activities authorized by the
certificate of need would be carried out. Any affected person may testify at
the hearing. The director may, with the health service agency's consent,
designate a health service agency to conduct the hearing.
Except during a public hearing or as necessary to comply
with a subpoena issued under division
(F) of this section, after a
notice of completeness has been received, no person shall knowingly discuss in
person or by telephone the
merits of the application with the director. If one or more persons request a
meeting in person or by telephone, the
director shall make a reasonable effort to invite interested parties to the
meeting or conference call.
(C) Divisions (C)(1) to (7) of this
section apply to certificate of need applications for
which the
director had not issued a written decision prior to April 20,
1995, unless the director
was required, under the version of this section in effect immediately prior to
June 30,
1995, to grant a certificate of
need prior to June
30, 1995, because of a
lack of written objections from any affected person. Divisions
(C)(1) to (7) of this section
do not invalidate any certificate of need that the director was
required to grant prior to
June 30, 1995, under that circumstance.
(1) The All of the following apply to the process of granting or denying a certificate of need:
(1) If the project proposed in a certificate of need application meets all of the applicable certificate of need criteria for approval under sections 3702.51 to 3702.62 of the Revised Code and the rules adopted under those sections, the director shall grant a certificate of need
for the entire project that is the subject of the application immediately
after both of the following conditions are
met:
(a) The board of trustees of the
health service agency of the health service area in which the
reviewable activity is proposed to be conducted recommends,
prior to the deadline specified in division
(C)(4) of this section or any extension of it under division (C)(5) of this
section, that the certificate of need be granted;
(b) The director receives no does not receive any written objections to the application from any
affected person by the later of May 20, 1995, or thirty days thirtieth day after the
director mails the notice of completeness.
(2) In the case of certificate of need applications under comparative review, if the projects proposed in the applications meet all of the applicable certificate of need criteria for approval under sections 3702.51 to 3702.62 of the Revised Code and the rules adopted under those sections, the director shall
grant certificates of need for the entire projects that are the subject of the
applications immediately after both of the following conditions are met:
(a) The board of trustees of the health service agency of each health service
area in which the reviewable activities are proposed to be conducted
recommends, prior to the deadline specified in division (C)(4) of this section
or any extension of it under division (C)(5) of this section, that
certificates of need be granted for each of the reviewable activities to be
conducted in its health service area;
(b) The director receives no does not receive any written objections to any of the applications
from any affected person by the later of May 20, 1995, or thirty days thirtieth day after
the director mails the last notice of completeness.
The director's grant of a certificate of need under division (C)(1) or (2) of
this section does not affect, and sets no precedent for, the director's
decision to grant or deny other applications for similar reviewable activities
proposed to be conducted in the same or different health service areas.
(3) If the director receives written
objections to an application from any affected person
by the later of May 20,
1995, or thirty days thirtieth day after mailing the notice of completeness,
regardless of the health service agency's recommendation, the director
shall notify
the applicant and assign a hearing examiner to conduct an adjudication hearing
concerning the application in accordance with
Chapter 119. of the
Revised Code. In the case of applications under comparative
review, if the director receives written
objections to any of
the applications from any affected person by the later of May 20,
1995, or thirty days thirtieth day after the
director mails the last notice of
completeness, regardless of the health service agencies'
recommendation, the
director shall
notify all of the applicants and appoint a hearing examiner to conduct a
consolidated adjudication hearing concerning the applications in accordance
with Chapter 119. of the
Revised Code. The hearing examiner shall be employed by or
under contract with the
department of health.
The adjudication hearings may be conducted in the
health service area in which the reviewable activity is proposed to be
conducted. Consolidated
adjudication hearings for applications in
comparative review may be conducted in the geographic region in which all of
the reviewable activities will be conducted. The applicant, the director, and
the affected persons that filed objections to the application shall be parties
to the hearing. If none of the affected persons that submitted written
objections to the
application appears or prosecutes the hearing, the hearing
examiner shall dismiss the hearing and the director shall grant
a certificate of need for the entire project that is the subject
of the application if the proposed project meets all of the applicable certificate of need criteria for approval under sections 3702.51 to 3702.62 of the Revised Code and the rules adopted under those sections. The affected persons bear the burden of
proving by a preponderance of evidence that the project is not
needed or that granting the certificate would not be in
accordance with sections 3702.51 to 3702.62 of the
Revised Code or the rules adopted under section 3702.57 of
the Revised Code those sections.
(4) Except as provided in divisions
(C)(1) and (2) of this section,
the director shall grant or deny certificate of need
applications for which an adjudication hearing is not conducted
under division (C)(3) of this
section not later than ninety sixty days after mailing the notice of
completeness or, in the case of an application proposing
addition of long-term care beds, not later than ninety sixty days
after such other time as is specified in rules adopted under
section 3702.57 of the Revised
Code. The director shall grant or deny certificate of
need
applications for which an
adjudication hearing is conducted under division
(C)(3) of this section not later than thirty
days after the expiration of the time for filing objections to the report and
recommendation of the hearing examiner under section 119.09 of the Revised
Code. The director shall base decisions concerning applications
for which an adjudication hearing is conducted under division
(C)(3) of this section on the
report and recommendations of the hearing examiner.
(5) Except as otherwise provided in division
(C)(1), (2), or (6) of this section, the
director or
the applicant
may extend the deadline prescribed in division
(C)(4) of this section
once, for no longer than thirty days, by written notice before
the end of the original thirty-day period. An extension by the director
under division (C)(5) of this section shall apply
to all applications that are in
comparative review.
(6) No applicant in a comparative review may extend the deadline specified in
division (C)(4) of this section.
(7) Except as provided in divisions
(C)(1) and (2) of this section, the director may grant a
certificate of need for all or part of the project that is the
subject of an application. If the director does not grant or
deny the certificate by the applicable
deadline specified in division (C)(4) of this
section or any extension of it under division (C)(5) of this
section, the certificate shall be
considered to have been granted. The director, in
reviewing
certificate of need applications for solid organ transplantation
services, may ask for assistance from a statewide transplantation
advisory group consisting of qualified professionals and
administrators. Such consultation shall not cause the review
period for any application to be extended beyond the applicable
deadline specified in division
(C)(4) of this section or
any extension of it under division
(C)(5) of this section.
(D)(8) In granting a certificate of need, the director shall
specify as the maximum capital expenditure the certificate holder
may obligate under the certificate a figure equal to one hundred
ten per cent of the approved project cost.
(E)(9) In granting a certificate of need, the director may grant the certificate with conditions that must be met by the holder of the certificate.
(D) The director shall monitor the activities of
persons granted certificates of need concerning long-term care beds during the
period beginning with the
granting of the certificate of need and ending five years after implementation
of the activity for which the certificate was granted.
In the case of any other certificate of need, the director shall monitor
the activities of persons granted certificates of need during
the period
beginning with the granting of the certificate of need and ending when the
activity for which the certificate was
granted ceases to be a reviewable activity in accordance with section
3702.511 of the Revised Code.
(F)(E) When reviewing
applications for certificates of need or monitoring activities of persons
granted certificates of need, the director may issue and enforce, in the
manner
provided in section 119.09 of the Revised Code, subpoenas duces tecum to
compel the
production of documents relevant to review of the
application
or monitoring of the activities. In addition, the director or
the director's
designee, which may include a health service agency, may visit the sites where
the activities are or will be conducted.
(G)(F) The director may withdraw certificates of need.
(H)(G) The director shall conduct, on a regular basis, health
system data collection and analysis activities and prepare
reports. The director shall make recommendations based upon
these activities to the public health council concerning the
adoption of appropriate rules under section 3702.57 of the
Revised Code. All health care facilities and other health care
providers shall submit to the director, upon request, any
information that is necessary to conduct reviews of certificate
of need applications and to develop recommendations for criteria
for reviews, and that is prescribed by rules adopted under
division (H) of section 3702.57 of the Revised Code.
(I)(H) Any decision to grant or deny a certificate of need
shall consider the special needs and circumstances resulting from
moral and ethical values and the free exercise of religious
rights of health care facilities administered by religious
organizations, and the special needs and circumstances of
children's hospitals, inner city hospitals, and small rural hospitals.
Sec. 3702.5211. Notwithstanding any conflicting provision of sections 3702.51 to 3702.68
3702.62 of the
Revised Code,
the
veterans' home
operated
under Chapter 5907. of the Revised Code that is located in
Sandusky, including the
Secrest nursing home and
Giffin care
facility, is not required to
obtain a certificate of need for the
addition of up to fifty-two additional
nursing home beds to be
licensed under Chapter
3721. of the Revised
Code if the additional
beds are placed in
service prior to June 30, 1999.
Sec. 3702.5212. (A) This section
applies to each long-term care facility that meets the following
requirements:
(1) The facility has been in continuous operation for not less than one
hundred twenty years prior to the effective date of this section;
(2) The facility is located in an inner city area;
(3) The facility is operating as a nonprofit entity organized under
Chapter 1702. of the
Revised Code
or the nonprofit law of another state.
(B) Notwithstanding any conflicting provision of sections 3702.51 to
3702.68 3702.62 of the Revised
Code, the owner or operator of a long-term
care facility described in division (A) of
this section is not required to obtain a certificate of need for the addition
of up to thirty long-term care beds to be licensed under
Chapter 3721. of the
Revised
Code. The exemption shall apply
only as long as the beds are owned and operated by the facility to which the
exemption is granted.
Sec. 3702.5213. Notwithstanding any conflicting provision of sections 3702.51 to 3702.68
3702.62 of the Revised Code, the
veterans' home
operated under Chapter 5907. of the Revised Code that is located
in Brown
county is not required to obtain a certificate of need
for the
addition of up to one hundred sixty-eight additional
nursing home
beds to be licensed under Chapter 3721. of the
Revised Code if the
additional beds are placed in service prior to
December 31, 2004.
Sec. 3702.57. (A) The public health council shall adopt
rules establishing procedures and criteria for reviews of
applications for certificates of need and issuance, denial, or
withdrawal of certificates.
(1) The rules shall require
that, in addition to any other applicable review
requirements of sections 3702.51 to 3702.62 of the Revised Code
and rules adopted thereunder, any application for a certificate
of need from an osteopathic hospital be reviewed on the basis of
the need for and the availability in the community of services
and hospitals for osteopathic physicians and their patients, and
in terms of its impact on existing and proposed institutional
training programs for doctors of osteopathy and doctors of
medicine at the student, internship, and residency training
levels.
(2) In adopting rules that establish criteria for reviews
of applications of certificates of need, the council shall
consider the availability of and need for long-term care beds to
provide care and treatment to persons diagnosed as having
traumatic brain injuries and shall prescribe criteria for
reviewing applications that propose to add long-term care beds to
provide care and treatment to persons diagnosed as having
traumatic brain injuries.
(3) The criteria for reviews of applications for
certificates of need shall relate to the need for the reviewable
activity and shall pertain to all of the following matters:
(a) The impact of the reviewable activity on the cost and
quality of health services in the relevant geographic area,
including, but not limited, to the historical and projected
utilization of the services to which the application pertains and
the effect of the reviewable activity on utilization of other
providers of similar services;
(b) The quality of the services to be provided as the
result of the activity, as evidenced by the historical
performance of the persons that will be involved in
providing the
services and by the provisions that are proposed in the
application to ensure quality, including but not limited to
adequate available personnel, available ancillary and support
services, available equipment, size and configuration of physical
plant, and relations with other providers;
(c) The impact of the reviewable activity on the
availability and accessibility of the type of services proposed
in the application to the population of the relevant geographic
area, and the level of access to the services proposed in the
application that will be provided to medically underserved
individuals such as recipients of public assistance and
individuals who have no health insurance or whose health
insurance is insufficient;
(d) The activity's short- and long-term financial feasibility and
cost-effectiveness, the impact of the activity on the
applicant's costs
and charges, and a comparison of the applicant's costs and charges with those
of providers of similar services in the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of
alternatives to the reviewable activity;
(f) The impact of the activity on all other
providers of similar services in the health service area or other
relevant geographic area, including the impact on their
utilization, market share, and financial status;
(g) The historical performance of the applicant
and related or affiliated parties in complying with previously
granted certificates of need and any applicable certification,
accreditation, or licensure requirements;
(h) The relationship of the activity to the
current edition of the state health resources plan issued under
section 3702.521 of the Revised Code;
(i) The historical performance of the applicant
and related or affiliated parties in providing cost-effective
health care services;
(j) The special needs and circumstances of the
applicant or population proposed to be served by the proposed
project, including research activities, prevalence of particular
diseases, unusual demographic characteristics, cost-effective
contractual affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of
the proposed site of the activity;
(l) The participation by the applicant in
research conducted by the United States food and
drug administration or clinical trials sponsored by the national
institutes of health.
(4) The criteria for reviews of applications may
include formulas for determining need
for beds and services.
(a) The criteria prescribing formulas shall not, either by
themselves or in conjunction with any established occupancy
guidelines, require, as a condition of being granted a
certificate of need, that a hospital reduce its complement of
registered beds or discontinue any service that is not related to
the service or project for which the certificate of need is
sought.
(b) With respect to applications to conduct reviewable
activities that are affected directly by the inpatient occupancy
of a health care facility, including addition, relocation, or
recategorization of beds or renovation or other construction
activities relating to inpatient services, the rules shall
prescribe criteria for determining whether the scope of the
proposed project is appropriate in light of the historical and
reasonably projected occupancy rates for the beds related to the
project.
(c) Any rules prescribing criteria that establish ratios of beds,
services,
or equipment to population shall specify the bases for
establishing the ratios or mitigating factors or exceptions to
the ratios.
(B) The council shall adopt rules specifying all of the
following:
(1) Information that must be provided in
applications for
certificates of need, which shall include a plan for
obligating the capital
expenditure or implementing the proposed project on a timely
basis in accordance with section 3702.525
of the Revised Code;
(2) Procedures for reviewing
applications for
completeness of information;
(3) Criteria for
determining that the application is complete.
(C) The council shall adopt rules specifying requirements
that holders of certificates of need must meet in order for the
certificates to remain valid and establishing definitions and
requirements for obligation of capital expenditures and
implementation of projects authorized by certificates of need.
(D) The council shall adopt rules establishing criteria
and procedures under which the director of health may withdraw a
certificate of need if the holder fails to meet requirements for
continued validity of the certificate.
(E) The council shall adopt rules establishing procedures
under which the department of health shall monitor project implementation
activities of holders of certificates of need. The rules
adopted under this division also may establish
procedures for monitoring implementation activities of
persons that have received
nonreviewability
rulings.
(F) The council shall adopt rules establishing procedures
under which the director of health shall review certificates of
need whose holders exceed or appear likely to exceed
an expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate
of need application fees sufficient to pay the costs incurred by
the department for administering sections 3702.51
to 3702.62 of the Revised Code and to pay health service agencies
for the functions they perform under division (D)(5) of
section
3702.58 of the Revised Code. Unless rules are adopted
under this division establishing different application fees, the
application fee for a project not involving a capital expenditure
shall be three thousand dollars and the application fee for a
project involving a capital expenditure shall be nine-tenths of
one per cent of the capital expenditure proposed subject to a
minimum of three thousand dollars and a maximum of twenty
thousand dollars.
(H) The council shall adopt rules specifying information
that is necessary to conduct reviews of certificate of need
applications and to develop recommendations for criteria for
reviews that health care facilities and other health care
providers are to submit to the director under division
(H)(G) of section 3702.52 of the Revised Code.
(I) The council shall adopt rules
defining "affiliated person," "related person," and "ultimate controlling
interest" for purposes of section 3702.524 of the
Revised Code.
(J) The council shall adopt rules
prescribing requirements for holders of certificates of need to demonstrate to
the director under section 3702.526 of the
Revised Code
that reasonable progress is being made toward completion of the reviewable
activity and establishing standards by which the director shall determine
whether reasonable progress is being made.
(K) The council shall adopt rules defining high-risk cardiac
catheterization patients. High-risk
patients shall include patients with significant
ischemic syndromes or unstable myocardial infarction, patients
who need intervention such as angioplasty or bypass surgery,
patients who may require difficult or complex catheterization
procedures such as transeptal assessment of valvular
dysfunction, patients with critical aortic stenosis or
congestive heart failure, and other patients specified by the
council.
(L) The public health council shall adopt
all rules under
divisions (A) to (K) of this section in accordance with
Chapter 119. of the Revised Code. The council may adopt other
rules as necessary to carry out the purposes of sections 3702.51
to 3702.62 of the Revised Code.
Sec. 3702.68 3702.59. (A) Notwithstanding any conflicting provision of sections 3702.51 to
3702.62 of the Revised Code, other than the provisions of sections 3702.5210, 3702.5211, 3702.5212, and 3702.5213 of the Revised Code, both of the following apply under the certificate of need program:
(1) Divisions (B) to (E) of this section applies apply to the review
of
certificate of need applications during the period beginning
July
1, 1993, and ending
June 30,
2007 2009.
As used in this section, "existing health care facility" has the same meaning as in section 3702.51 of the Revised Code (2) Beginning July 1, 2009, the director of health
shall not accept for
review under section 3702.52 of the Revised
Code any application for a
certificate of need to recategorize
hospital beds as described in section
3702.522 of the Revised
Code.
(B)(1) Except as provided in division (B)(2) of this
section, the director of health shall neither grant nor deny any
application for a certificate of need submitted prior to July 1,
1993, if the
application was for any of
the following and the
director had not issued a written decision
concerning the
application prior to that date:
(a) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility, if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(b) Approval of beds in a new county home or new county
nursing home as defined in section 5155.31 of the Revised Code,
or
an increase of beds in an existing county home or existing
county
nursing home, if the beds are proposed to be certified as
skilled
nursing facility beds under Title XVIII or nursing
facility beds
under Title XIX of the
"Social Security Act," 49
Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(c) Recategorization of hospital beds as described in
section 3702.522 of the Revised Code, an
increase of hospital beds
registered pursuant to section 3701.07
of the Revised Code as
long-term care beds or skilled nursing
facility beds, or a
recategorization of hospital beds that would
result in an increase
of beds registered pursuant to that section
as long-term care beds
or skilled nursing facility beds.
On July 1, 1993, the director shall
return each such
application to the applicant and,
notwithstanding section 3702.52
of the Revised Code regarding the
uses of the certificate of need
fund, shall refund to the
applicant the application fee paid under
that section.
Applications returned under division (B)(1) of this
section may
be resubmitted in accordance with section 3702.52 of
the Revised
Code no sooner than
July 1,
2007 2009.
(2) The director shall continue to review and shall issue
a
decision regarding any application submitted prior to July 1,
1993, to
increase beds for either of the
purposes described in
division (B)(1)(a) or (b) of this section
if the proposed increase
in beds is attributable solely to a
replacement or relocation of
existing beds within the same
county. The director shall
authorize under such an application
no additional beds beyond
those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this
section, the director, during the period beginning July 1, 1993,
and ending
June 30,
2007 2009, shall not accept for
review under
section
3702.52 of the Revised Code any application
for a
certificate of
need for any of the purposes described in
divisions
(B)(1)(a) to
(c) of this section.
(2)(a) The director shall accept for review any application
for
either of the purposes described in division (B)(1)(a) or (b)
of
this section if
the proposed increase in beds is
attributable
solely to a replacement or relocation of existing
beds from an existing health care facility within the
same county.
The director shall authorize under
such an
application no
additional beds beyond those being replaced or
relocated.
The director shall not approve an application for a certificate of need for addition of long-term care beds to an existing health care facility by relocation of beds or for the development of a new health care facility by relocation of beds unless all of the following conditions are met:
(i) The existing health care facility to which the beds are being relocated has no waivers for life safety code waivers deficiencies, no state fire code violations, and no state building code violations, or the project identified in the application proposes to correct all life safety code deficiencies for which a waiver has been granted, all state fire code violations, and all state building code violations at the existing health care facility to which the beds are being relocated;
(ii) During the sixty-month period preceding the filing of the application, no notice of proposed revocation of the facility's license was issued under section 3721.03 of the Revised Code to the operator of the existing facility to which the beds are being relocated or to any health care facility owned or operated by the applicant or any principal participant in the same corporation or other business;
(iii) Neither the existing health care facility to which the beds are being relocated nor any health care facility owned or operated by the applicant or any principal participant in the same corporation or other business has had a long-standing pattern of violations of this chapter or deficiencies that caused one or more residents physical, emotional, mental, or psychosocial harm.
(b) The director also shall accept for review any
application for the conversion of infirmary
beds to long-term care beds if the infirmary
meets all of the following conditions:
(i) Is
operated exclusively by a
religious order;
(ii) Provides care exclusively to
members of religious
orders who take vows of celibacy and live by virtue of
their vows
within the orders as if related;
(iii) Was providing care
exclusively
to members of such a religious order on January 1,
1994.
(D) The director shall issue a decision regarding any case
remanded by
a
court as the result of a decision issued by the
director prior to
July 1, 1993, to grant, deny, or withdraw a
certificate of need for any of the purposes described in
divisions
(B)(1)(a) to (c) of this section.
(E) The director shall not project the need for beds
listed
in division (B)(1) of this section for the period
beginning July
1, 1993, and ending
June 30,
2007 2009.
This section is an interim section effective until
July 1,
2007.
Sec. 3702.63 3702.591. As specified in former Section 11 of Am. Sub. S.B. 50 of the 121st general assembly, as amended by Am. Sub. H.B. 405 of the 124th general assembly, all of the following apply:
(A) The removal of former divisions (E) and (F) of
section 3702.52
of the Revised
Code by Sections 1 and 2 of
Am. Sub. S.B. 50 of the 121st general assembly does not
release the holders of
certificates of need issued
under those
divisions from complying with any
conditions on which
the granting
of the certificates of need was based,
including the
requirement
of former division (E)(6) of that section that the
holders not
enter into provider agreements under Chapter 5111. of
the Revised
Code and Title XIX of the
"Social Security Act," 49
Stat. 620
(1935), 42
U.S.C. 301, as amended, for at least ten
years
following initial licensure
of
the long-term care facilities
for
which the certificates were granted.
(B) The repeal of section 3702.55 of the Revised Code by Section
2 of
Am. Sub. S.B. 50 of the 121st general assembly
does
not release the holders of certificates of need
issued under that
section from
complying with any conditions on
which the granting
of the certificates of
need
was based,
other than the
requirement
of division (A)(6) of that section that
the holders not seek
certification under Title XVIII
of the
"Social
Security
Act" for beds recategorized under the
certificates. That repeal also does not eliminate the requirement that the
director of health revoke the licensure
of the beds under Chapter
3721. of the
Revised Code if a person to
which their ownership is
transferred fails, as required by division (A)(6) of the repealed section, to file
within ten days
after the transfer a
sworn statement not to seek
certification
under Title XIX of the "Social Security Act" for beds recategorized under the certificates of need.
(C) The repeal of section 3702.56 of the Revised Code by Section
2 of
Am. Sub. S.B. 50 of the 121st general assembly
does
not release the holders of certificates of need
issued under that
section
from complying with any conditions on
which the granting
of the certificates
of need was based.
Sec. 3704.03. The director of environmental protection may
do any of the following:
(A) Develop programs for the prevention, control, and
abatement of air pollution;
(B) Advise, consult, contract, and cooperate with any
governmental or private agency in the furtherance of the purposes
of this chapter;
(C) Encourage, participate in, or conduct studies,
investigations, and research relating to air pollution, collect
and disseminate information, and conduct education and training
programs relating to the causes, prevention, control, and
abatement of air pollution;
(D) Adopt, modify, and rescind rules prescribing ambient
air quality standards for the state as a whole or for various
areas of the state that are consistent with and no more stringent
than the national ambient air quality standards in effect under
the federal Clean Air Act;
(E) Adopt, modify, suspend, and rescind rules for the
prevention, control, and abatement of air pollution, including
rules prescribing for the state as a whole or for various areas
of the state emission standards for air contaminants, and other
necessary rules for the purpose of achieving and maintaining
compliance with ambient air quality standards in all areas within
the state as expeditiously as practicable, but not later than any
deadlines applicable under the federal Clean Air Act; rules for
the prevention or control of the emission of hazardous or toxic
air contaminants; rules prescribing fugitive dust limitations and
standards that are related, on an areawide basis, to attainment
and maintenance of ambient air quality standards; rules
prescribing shade, density, or opacity limitations and standards
for emissions, provided that with regard to air contaminant
sources for which there are particulate matter emission standards
in addition to a shade, density, or opacity rule, upon
demonstration by such a source of compliance with those other
standards, the shade, density, or opacity rule shall provide for
establishment of a shade, density, or opacity limitation for that
source that does not require the source to reduce emissions below
the level specified by those other standards; rules for the
prevention or control of odors and air pollution nuisances; rules
that prevent significant deterioration of air quality to the
extent required by the federal Clean Air Act; rules for the
protection of visibility as required by the federal Clean Air
Act; and rules prescribing open burning limitations and
standards. In adopting, modifying, suspending, or rescinding any
such rules, the director, to the extent consistent with the
federal Clean Air Act, shall hear and give consideration to
evidence relating to all of the following:
(1) Conditions calculated to result from compliance with
the rules, the overall cost within this state of compliance with the rules, and their relation to benefits to the people of the
state to be derived from that compliance;
(2) The quantity and characteristics of air contaminants,
the frequency and duration of their presence in the ambient air,
and the dispersion and dilution of those contaminants;
(3) Topography, prevailing wind directions and velocities,
physical conditions, and other factors that may or may combine to
affect air pollution.
Consistent with division (K) of section 3704.036 of the
Revised Code, the director shall consider alternative emission
limits proposed by the owner or operator of an air contaminant
source that is subject to an emission limit established in rules
adopted under this division and shall accept those alternative
emission limits that the director determines to be equivalent to
emission limits established in rules adopted under this division.
(F)(1) Adopt, modify, suspend, and rescind rules consistent
with the purposes of this chapter prohibiting the location,
installation, construction, or modification of any air
contaminant source or any machine, equipment, device, apparatus,
or physical facility intended primarily to prevent or control the
emission of air contaminants unless an installation permit
therefor has been obtained from the director or the
director's authorized representative.
(2) Applications for installation
permits shall be
accompanied by plans, specifications, construction schedules, and
such other pertinent information and data, including data on
ambient air quality impact and a demonstration of best available
technology, as the director may require. Installation permits
shall be issued for a period specified by the director and are
transferable. The director shall specify in each permit the
applicable emission standards and that the permit is conditioned
upon payment of the applicable fees as required by section
3745.11 of the Revised Code and upon the right of the
director's authorized representatives to enter upon the premises of the
person to whom
the permit has been issued, at any reasonable time and subject to
safety requirements of the person in control of the premises, for
the purpose of determining compliance with such standards, this
chapter, the rules adopted thereunder, and the conditions of any
permit, variance, or order issued thereunder. Each proposed new
or modified air contaminant source shall provide such notice of
its proposed installation or modification to other states as is
required under the federal Clean Air Act. Installation permits
shall include the authorization to operate sources installed and
operated in accordance with terms and conditions of the
installation permits for a period not to exceed one year from
commencement of operation, which authorization shall constitute
an operating permit under division (G) of this section and rules
adopted under it.
No installation permit shall be required for activities that are subject to and in compliance with a plant-wide applicability limit issued by the director in accordance with rules adopted under this section.
No installation permit shall be issued except in accordance
with all requirements of this chapter and rules adopted
thereunder. No application shall be denied or permit revoked or
modified without a written order stating the findings upon which
denial, revocation, or modification is based. A copy of the
order shall be sent to the applicant or permit holder by
certified mail.
(3) Not later than two years after the effective date of this amendment August 3, 2006, the director shall adopt a rule in accordance with Chapter 119. of the Revised Code specifying that a permit to install is required only for new or modified air contaminant sources that emit any of the following air contaminants:
(a) An air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act;
(b) An air contaminant for which the air contaminant source is regulated under the federal Clean Air Act;
(c) An air contaminant that presents, or may present, through inhalation or other routes of exposure, a threat of adverse human health effects, including, but not limited to, substances that are known to be, or may reasonably be anticipated to be, carcinogenic, mutagenic, teratogenic, or neurotoxic, that cause reproductive dysfunction, or that are acutely or chronically toxic, or a threat of adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise, and that is identified in the rule by chemical name and chemical abstract service number.
The director may modify the rule adopted under division (F)(3)(c) of this section for the purpose of adding or deleting air contaminants. For each air contaminant that is contained in or deleted from the rule adopted under division (F)(3)(c) of this section, the director shall include in a notice accompanying any proposed or final rule an explanation of the director's determination that the air contaminant meets the criteria established in that division and should be added to, or no longer meets the criteria and should be deleted from, the list of air contaminants. The explanation shall include an identification of the scientific evidence on which the director relied in making the determination. Until adoption of the rule under division (F)(3)(c) of this section, nothing shall affect the director's authority to issue, deny, modify, or revoke permits to install under this chapter and rules adopted under it.
(4)(a) Applications for permits to install new or modified air contaminant sources shall contain sufficient information regarding air contaminants for which the director may require a permit to install to determine conformity with the environmental protection agency's document entitled "Review of New Sources of Air Toxics Emissions, Option A," dated May 1986, which the director shall use to evaluate toxic emissions from new or modified air contaminant sources. The director shall make copies of the document available to the public upon request at no cost and post the document on the environmental protection agency's web site. Any inconsistency between the document and division (F)(4) of this section shall be resolved in favor of division (F)(4) of this section.
(b) The maximum acceptable ground level concentration of an air contaminant shall be calculated in accordance with the document entitled "Review of New Sources of Air Toxics Emissions, Option A." Modeling shall be conducted to determine the increase in the ground level concentration of an air contaminant beyond the facility's boundary caused by the emissions from a new or modified source that is the subject of an application for a permit to install. Modeling shall be based on the maximum hourly rate of emissions from the source using information including, but not limited to, any emission control devices or methods, operational restrictions, stack parameters, and emission dispersion devices or methods that may affect ground level concentrations, either individually or in combination. The director shall determine whether the activities for which a permit to install is sought will cause an increase in the ground level concentration of one or more relevant air contaminants beyond the facility's boundary by an amount in excess of the maximum acceptable ground level concentration. In making the determination as to whether the maximum acceptable ground level concentration will be exceeded, the director shall give consideration to the modeling conducted under division (F)(4)(b) of this section and other relevant information submitted by the applicant.
(c) If the modeling conducted under division (F)(4)(b) of this section with respect to an application for a permit to install demonstrates that the maximum ground level concentration from a new or modified source will be greater than or equal to eighty per cent, but less than one hundred per cent of the maximum acceptable ground level concentration for an air contaminant, the director may establish terms and conditions in the permit to install for the air contaminant source that will require the owner or operator of the air contaminant source to maintain emissions of that air contaminant commensurate with the modeled level, which shall be expressed as allowable emissions per day. In order to calculate the allowable emissions per day, the director shall multiply the hourly emission rate modeled under division (F)(4)(b) of this section to determine the ground level concentration by the operating schedule that has been identified in the permit to install application. Terms and conditions imposed under division (F)(4)(c) of this section are not federally enforceable requirements and, if included in a Title V permit, shall be placed in the portion of the permit that is only enforceable by the state.
(d) If the modeling conducted under division (F)(4)(b) of this section with respect to an application for a permit to install demonstrates that the maximum ground level concentration from a new or modified source will be less than eighty per cent of the maximum acceptable ground level concentration, the owner or operator of the source annually shall report to the director, on a form prescribed by the director, whether operations of the source are consistent with the information regarding the operations that was used to conduct the modeling with regard to the permit to install application. The annual report to the director shall be in lieu of an emission limit or other permit terms and conditions imposed pursuant to division (F)(4) of this section. The director may consider any significant departure from the operations of the source described in the permit to install application that results in greater emissions than the emissions rate modeled to determine the ground level concentration as a modification and require the owner or operator to submit a permit to install application for the increased emissions. The requirements established in division (F)(4)(d) of this section are not federally enforceable requirements and, if included in a Title V permit, shall be placed in the portion of the permit that is only enforceable by the state.
(e) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics Emissions, Option A" shall not be included in the state implementation plan under section 110 of the federal Clean Air Act and do not apply to an air contaminant source that is subject to a maximum achievable control technology standard or residual risk standard under section 112 of the federal Clean Air Act, to a particular air contaminant identified under 40 C.F.R. 51.166, division (b)(23), for which the director has determined that the owner or operator of the source is required to install best available control technology for that particular air contaminant, or to a particular air contaminant for which the director has determined that the source is required to meet the lowest achievable emission rate, as defined in 40 C.F.R. part 51, Appendix S, for that particular air contaminant.
(f)(i) Division (F)(4) of this section and the document entitled "Review of New Sources of Air Toxics Emissions, Option A" do not apply to parking lots, storage piles, storage tanks, transfer operations, grain silos, grain dryers, emergency generators, gasoline dispensing operations, air contaminant sources that emit air contaminants solely from the combustion of fossil fuels, or the emission of wood dust, sand, glass dust, coal dust, silica, and grain dust.
(ii) Notwithstanding division (F)(4)(f)(i) of this section, the director may require an individual air contaminant source that is within one of the source categories identified in division (F)(4)(f)(i) of this section to submit information in an application for a permit to install a new or modified source in order to determine the source's conformity to the document if the director has information to conclude that the particular new or modified source will potentially cause an increase in ground level concentration beyond the facility's boundary that exceeds the maximum acceptable ground level concentration as set forth in the document.
(iii) The director may adopt rules in accordance with Chapter 119. of the Revised Code that are consistent with the purposes of this chapter and that add to or delete from the source category exemptions established in division (F)(4)(f)(i) of this section.
(5) Not later than one year after the effective date of this amendment August 3, 2006, the director shall adopt rules in accordance with Chapter 119. of the Revised Code specifying activities that do not, by themselves, constitute beginning actual construction activities related to the installation or modification of an air contaminant source for which a permit to install is required such as the grading and clearing of land, on-site storage of portable parts and equipment, and the construction of foundations or buildings that do not themselves emit air contaminants. The rules also shall allow specified initial activities that are part of the installation or modification of an air contaminant source, such as the installation of electrical and other utilities for the source, prior to issuance of a permit to install, provided that the owner or operator of the source has filed a complete application for a permit to install, the director or the director's designee has determined that the application is complete, and the owner or operator of the source has notified the director that this activity will be undertaken prior to the issuance of a permit to install. Any activity that is undertaken by the source under those rules shall be at the risk of the owner or operator. The rules shall not apply to activities that are precluded prior to permit issuance under section 111, section 112, Part C of Title I, and Part D of Title I of the federal Clean Air Act.
(G) Adopt, modify, suspend, and rescind rules prohibiting
the operation or other use of any new, modified, or existing air
contaminant source unless an operating permit has been obtained
from the director or the director's authorized
representative, or the air
contaminant source is being operated in compliance with the
conditions of a variance issued pursuant to division (H) of this
section. Applications for operating permits shall be accompanied
by such plans, specifications, and other pertinent information as
the director may require. Operating permits may be issued for a
period determined by the director not to exceed five ten years, are
renewable, and are transferable. The director shall specify in
each operating permit that the permit is conditioned upon payment
of the applicable fees as required by section 3745.11 of the
Revised Code and upon the right of the director's authorized
representatives
to enter upon the premises of the person to whom the permit has
been issued, at any reasonable time and subject to safety
requirements of the person in control of the premises, for the
purpose of determining compliance with this chapter, the rules
adopted thereunder, and the conditions of any permit, variance,
or order issued thereunder. Operating permits may be denied or
revoked for failure to comply with this chapter or the rules
adopted thereunder. An operating permit shall be issued only
upon a showing satisfactory to the director or the
director's representative that the air contaminant source is being
operated in compliance
with applicable emission standards and other rules or upon
submission of a schedule of compliance satisfactory to the
director for a source that is not in compliance with all
applicable requirements at the time of permit issuance, provided
that the compliance schedule shall be consistent with and at
least as stringent as that contained in any judicial consent
decree or administrative order to which the air contaminant
source is subject. The rules shall provide for the issuance of
conditional operating permits for such reasonable periods as the
director may determine to allow the holder of an installation
permit, who has constructed, installed, located, or modified a
new air contaminant source in accordance with the provisions of
an installation permit, to make adjustments or modifications
necessary to enable the new air contaminant source to comply with
applicable emission standards and other rules. Terms and
conditions of operating permits issued pursuant to this division
shall be federally enforceable for the purpose of establishing
the potential to emit of a stationary source and shall be
expressly designated as federally enforceable. Any such
federally enforceable restrictions on a source's potential to
emit shall include both an annual limit and a short-term limit of
not more than thirty days for each pollutant to be restricted
together with adequate methods for establishing compliance with
the restrictions. In other respects, operating permits issued
pursuant to this division are enforceable as state law only. No
application shall be denied or permit revoked or modified without
a written order stating the findings upon which denial,
revocation, or modification is based. A copy of the order shall
be sent to the applicant or permit holder by certified mail.
(H) Adopt, modify, and rescind rules governing the
issuance, revocation, modification, or denial of variances that
authorize emissions in excess of the applicable emission
standards.
No variance shall be issued except pursuant to those rules.
The rules shall prescribe conditions and criteria in furtherance
of the purposes of this chapter and consistent with the federal
Clean Air Act governing eligibility for issuance of variances,
which shall include all of the following:
(1) Provisions requiring consistency of emissions
authorized by a variance with timely attainment and maintenance
of ambient air quality standards;
(2) Provisions prescribing the classes and categories of
air contaminants and air contaminant sources for which variances
may be issued;
(3) Provisions defining the circumstances under which an
applicant shall demonstrate that compliance with applicable
emission standards is technically infeasible, economically
unreasonable, or impossible because of conditions beyond the
control of the applicant;
(4) Other provisions prescribed in furtherance of the
goals of this chapter.
The rules shall prohibit the issuance of variances from any
emission limitation that was applicable to a source pursuant to
an installation permit and shall prohibit issuance of variances
that conflict with the federal Clean Air Act.
Applications for variances shall be accompanied by such
information as the director may require. In issuing variances,
the director may order the person to whom a variance is issued to
furnish plans and specifications and such other information and
data, including interim reports, as the director may require and
to proceed to take such action within such time as the director
may determine to be appropriate and reasonable to prevent,
control, or abate the person's existing emissions of air
contaminants.
The director shall specify in each variance that the variance is
conditioned upon payment of the applicable fees as required by
section 3745.11 of the Revised Code and upon the right of the
director's authorized representatives to enter upon the premises of the
person to whom the variance has been issued, at any reasonable
time and subject to safety requirements of the person in control
of the premises, for the purpose of determining compliance with
this chapter, the rules adopted thereunder, and the conditions of
any permit, variance, or order issued thereunder.
The director may hold a public hearing on an application
for a variance or renewal thereof at a location in the county
where the variance is sought. The director shall give not less
than twenty days' notice of the hearing to the applicant by
certified mail and cause at least one publication of notice in a
newspaper with general circulation in the county where the
variance is sought. The director shall keep available for public
inspection at the principal office of the environmental
protection agency a current schedule of pending applications for
variances and a current schedule of pending variance hearings.
The director shall make a complete stenographic record of
testimony and other evidence submitted at the hearing. The
director shall make a written determination to issue, renew, or
deny the variance and shall enter the determination and the
basis
therefor into the record of the hearing. The director shall
issue, renew, or deny an application for a variance or renewal
thereof, or issue a proposed action upon the application pursuant
to section 3745.07 of the Revised Code, within six months of the
date upon which the director receives a complete application with
all pertinent information and data required by the director.
Any variance granted pursuant to rules adopted under this
division shall be for a period specified by the director, not to
exceed three years, and may be renewed from time to time on such
terms and for such periods, not to exceed three years each, as
the director determines to be appropriate. A variance may be
revoked, or renewal denied, for failure to comply with conditions
specified in the variance. No variance shall be issued, denied,
revoked, or modified without a written order stating the findings
upon which the issuance, denial, revocation, or modification is
based. A copy of the order shall be sent to the applicant or
variance holder by certified mail.
(I) Require the owner or operator of an air contaminant
source to install, employ, maintain, and operate such emissions,
ambient air quality, meteorological, or other monitoring devices
or methods as the director shall prescribe; to sample those
emissions at such locations, at such intervals, and in such
manner as the director prescribes; to maintain records and file
periodic reports with the director containing information as to
location, size, and height of emission outlets, rate, duration,
and composition of emissions, and any other pertinent information
the director prescribes; and to provide such written notice to
other states as the director shall prescribe. In requiring
monitoring devices, records, and reports, the director, to the
extent consistent with the federal Clean Air Act, shall give
consideration to technical feasibility and economic
reasonableness and allow reasonable time for compliance. For sources where a specific monitoring, record-keeping, or reporting requirement is specified for a particular air contaminant from a particular air contaminant source in an applicable regulation adopted by the United States environmental protection agency under the federal Clean Air Act or in an applicable rule adopted by the director, the director shall not impose an additional requirement in a permit that is a different monitoring, record-keeping, or reporting requirement other than the requirement specified in the applicable regulation or rule for that air contaminant except as otherwise agreed to by the owner or operator of the air contaminant source and the director. If two or more regulations or rules impose different monitoring, record-keeping, or reporting requirements for the same air contaminant from the same air contaminant source, the director may impose permit terms and conditions that consolidate or streamline the monitoring, record-keeping, or reporting requirements in a manner that conforms with each applicable requirement. To the extent consistent with the federal Clean Air Act and except as otherwise agreed to by the owner or operator of an air contaminant source and the director, the director shall not require an operating restriction that has the practical effect of increasing the stringency of an existing applicable emission limitation or standard.
(J) Establish, operate, and maintain monitoring stations
and other devices designed to measure air pollution and enter
into contracts with any public or private agency for the
establishment, operation, or maintenance of such stations and
devices;
(K) By rule adopt procedures for giving reasonable public
notice and conducting public hearings on any plans for the
prevention, control, and abatement of air pollution that the
director is required to submit to the federal government;
(L) Through any employee, agent, or authorized
representative of the director or the environmental protection
agency, enter upon private or public property, including
improvements thereon, at any reasonable time, to make
inspections, take samples, conduct tests, and examine records or
reports pertaining to any emission of air contaminants and any
monitoring equipment or methods and to determine if there are any
actual or potential emissions from such premises and, if so, to
determine the sources, amounts, contents, and extent of those
emissions, or to ascertain whether there is compliance with this
chapter, any orders issued or rules adopted thereunder, or any
other determination of the director. The director, at reasonable
times, may have access to and copy any such records. If entry or
inspection authorized by this division is refused, hindered, or
thwarted, the director or the director's authorized
representative may by
affidavit apply for, and any judge of a court of record may
issue, an appropriate inspection warrant necessary to achieve the
purposes of this chapter within the court's territorial
jurisdiction.
(M) Accept and administer gifts or grants from the federal
government and from any other source, public or private, for
carrying out any of the functions under this chapter;
(N) Obtain necessary scientific, technical, and laboratory
services;
(O) Establish advisory boards in accordance with section
121.13 of the Revised Code;
(P) Delegate to any city or general health district or
political subdivision of the state any of the director's enforcement and
monitoring powers and duties, other than rule-making powers, as
the director elects to delegate, and in addition employ,
compensate, and prescribe the powers and duties of such officers,
employees, and consultants as are necessary to enable the
director to exercise the authority and perform duties
imposed upon the director by law. Technical and other
services shall be performed, insofar as practical, by personnel of the
environmental protection agency.
(Q) Certify to the government of the United States or any
agency thereof that an industrial air pollution facility is in
conformity with the state program or requirements for control of
air pollution whenever such certificate is required for a
taxpayer pursuant to any federal law or requirements;
(R) Issue, modify, or revoke orders requiring abatement of
or prohibiting emissions that violate applicable emission
standards or other requirements of this chapter and rules adopted
thereunder, or requiring emission control devices or measures in
order to comply with applicable emission standards or other
requirements of this chapter and rules adopted thereunder. Any
such order shall require compliance with applicable emission
standards by a specified date and shall not conflict with any
requirement of the federal Clean Air Act. In the making of such
orders, the director, to the extent consistent with the federal
Clean Air Act, shall give consideration to, and base the
determination on, evidence relating to the technical feasibility
and economic reasonableness of compliance with such orders and
their relation to benefits to the people of the state to be
derived from such compliance. If, under the federal Clean Air
Act, any such order shall provide for the posting of a bond or
surety to secure compliance with the order as a condition of
issuance of the order, the order shall so provide, but only to
the extent required by the federal Clean Air Act.
(S) To the extent provided by the federal Clean Air Act,
adopt, modify, and rescind rules providing for the administrative
assessment and collection of monetary penalties, not in excess of
those required pursuant to the federal Clean Air Act, for failure
to comply with any emission limitation or standard, compliance
schedule, or other requirement of any rule, order, permit, or
variance issued or adopted under this chapter or required under
the applicable implementation plan whether or not the source is
subject to a federal or state consent decree. The director may
require the submission of compliance schedules, calculations of
penalties for noncompliance, and related information. Any
orders, payments, sanctions, or other requirements imposed
pursuant to rules adopted under this division shall be in
addition to any other permits, orders, payments, sanctions, or
other requirements established under this chapter and shall not
affect any civil or criminal enforcement proceedings brought
under any provision of this chapter or any other provision of
state or local law. This division does not apply to any
requirement of this chapter regarding the prevention or abatement
of odors.
(T) Require new or modified air contaminant sources to install best available technology, but only in accordance with this division. With respect to permits issued pursuant to division (F) of this section beginning three years after the effective date of this amendment August 3, 2006, best available technology for air contaminant sources and air contaminants emitted by those sources that are subject to standards adopted under section 112, Part C of Title I, and Part D of Title I of the federal Clean Air Act shall be equivalent to and no more stringent than those standards. For an air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act, best available technology only shall be required to the extent required by rules adopted under Chapter 119. of the Revised Code for permit to install applications filed three or more years after the effective date of this amendment August 3, 2006.
Best available technology requirements established in rules adopted under this division shall be expressed only in one of the following ways that is most appropriate for the applicable source or source categories:
(2) Source design characteristics or design efficiency of applicable air contaminant control devices;
(3) Raw material specifications or throughput limitations averaged over a twelve-month rolling period;
(4) Monthly allowable emissions averaged over a twelve-month rolling period.
Best available technology requirements shall not apply to an air contaminant source that has the potential to emit, taking into account air pollution controls installed on the source, less than ten tons per year of emissions of an air contaminant or precursor of an air contaminant for which a national ambient air quality standard has been adopted under the federal Clean Air Act. In addition, best available technology requirements established in rules adopted under this division shall not apply to any existing, new, or modified air contaminant source that is subject to a plant-wide applicability limit that has been approved by the director. Further, best available technology requirements established in rules adopted under this division shall not apply to general permits issued prior to January 1, 2006, under rules adopted under this chapter.
For permits to install issued three or more years after the effective date of this amendment August 3, 2006, any new or modified air contaminant source that has the potential to emit, taking into account air pollution controls installed on the source, ten or more tons per year of volatile organic compounds or nitrogen oxides shall meet, at a minimum, the requirements of any applicable reasonably available control technology rule in effect as of January 1, 2006, regardless of the location of the source.
(U) Consistent with section 507 of the federal Clean Air
Act, adopt, modify, suspend, and rescind rules for the
establishment of a small business stationary source technical and
environmental compliance assistance program as provided in
section 3704.18 of the Revised Code;
(V) Provide for emissions trading, marketable permits,
auctions of emission rights, and economic incentives that would
reduce the cost or increase the efficiency of achieving a
specified level of environmental protection;
(W) Provide for the construction of an air contaminant
source prior to obtaining a permit to install pursuant to
division (F) of this section if the applicant demonstrates that
the source will be installed to comply with all applicable
emission limits and will not adversely affect public health or
safety or the environment and if the director determines that
such an action will avoid an unreasonable hardship on the owner
or operator of the source. Any such determination shall be
consistent with the federal Clean Air Act.
(X) Exercise all incidental powers, including adoption of
rules, required to carry out this chapter.
The environmental protection agency shall develop a plan to
control air pollution resulting from state-operated facilities
and property.
Sec. 3704.14. (A) It is the intent of the general assembly that the enhanced motor vehicle inspection and maintenance program that was in operation pursuant to the federal Clean Air Act on January 3, 2006, in certain counties of this state pursuant to a contract that is scheduled to expire on December 31, 2007, not be extended beyond that date in those counties. If the governor determines that the extension of a transportation-based ozone reduction program in those counties is necessary to comply with federal law, the governor, by executive order, may extend the compliance efforts of this state for one year using the most cost effective, least costly, consumer accommodating, and decentralized available technology and approaches that meet federal performance standards, using an open public bidding process. Thereafter, if the governor determines that continuation of the enhanced motor vehicle inspection and maintenance program is necessary in those counties to comply with federal law, the governor, by executive order, may extend that program for an additional year or as otherwise required to comply with applicable law. The cost of any program shall be paid by the state from the auto emissions test fund, which is hereby created in the state treasury. The fund shall consist of money appropriated to it and shall be administered by the director of environmental protection.
An executive order issued under this division shall include provisions providing the authority that is necessary for the environmental protection agency to adopt decentralized approaches that meet federal performance standards through program design changes that affect normal inspection and maintenance input parameters to the mobile source emission factor model or through program changes that reduce in-use mobile source emissions. Upon issuance of such an executive order, the governor shall notify the general assembly in writing of the governor's decision to issue the executive order.
(B)(1) It is the intent of the general assembly that a tailpipe motor vehicle inspection and maintenance program not be implemented in any county in the state. Moreover, it is the intent of the general assembly that, if a motor vehicle-based ozone testing program is mandated by federal law for counties in the northeastern portion of this state, a tailpipe motor vehicle inspection and maintenance program not be implemented and that an onboard diagnostic only inspection and gas-cap testing program be utilized to satisfy any federal requirements for vehicle emissions testing.
(2) If any motor vehicle testing program is established under this section, the director shall ensure that motor vehicles that are four years old or newer are exempt from the testing program.
(C) Not later than thirty days after the effective date of this section and on the first day of January of each subsequent year, the director shall request the United States environmental protection agency to provide to the director a list of alternative approaches to meet federal performance standards and program changes that this state may employ to comply with the federal Clean Air Act in lieu of the implementation of a motor vehicle inspection and maintenance program. Based on the information received from the United States environmental protection agency, the director shall prepare a report concerning those alternative approaches. The director shall issue the report and provide it to the general assembly not later than thirty days after receiving the list of alternative approaches from the United States environmental protection agency.
Sec. 3705.24. (A)(1) The public health council shall, in accordance with section 111.15 of the Revised Code, adopt rules prescribing fees for the following services provided by the state office of vital statistics:
(a) Except as provided in division (A)(4) of this section:
(i) A certified copy of a vital record or a certification of birth;
(ii) A search by the office of vital statistics of its files and records pursuant to a request for information, regardless of whether a copy of a record is provided;
(iii) A copy of a record provided pursuant to a request;
(b) Replacement of a birth certificate following an adoption, legitimation, paternity determination or acknowledgement, or court order;
(c) Filing of a delayed registration of a vital record;
(d) Amendment of a vital record that is requested later than one year after the filing date of the vital record;
(e) Any other documents or services for which the public health council considers the charging of a fee appropriate.
(2) Fees prescribed under division (A)(1)(a) of this section shall not be less than seven dollars.
(3) Fees prescribed under division (A)(1) of this section shall be collected in addition to any fees required by sections 3109.14 and 3705.242 of the Revised Code.
(4) Fees prescribed under division (A) of this section shall not apply to certifications issued under division (H) of this section or copies provided under section 3705.241 of the Revised Code.
(B) In addition to the fees prescribed under division (A) of this section or section 3709.09 of the Revised Code, the office of vital statistics or the board of health of a city or general health district shall charge a five-dollar fee for each certified copy of a vital record and each certification of birth. This fee shall be deposited in the general operations fund created under section 3701.83 of the Revised Code and be used solely toward to support the operations, the modernization, and the automation of the system of vital records program in this state. A board of health shall forward all fees collected under this division to the department of health not later than thirty days after the end of each calendar quarter.
(C) Except as otherwise provided in division (H) of
this section, and except as provided in section 3705.241
of the Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid
into the state treasury to the credit of the general operations fund
created by section 3701.83 of the Revised Code.
Except as provided in division (B) of this section, money generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it.
Amounts submitted to the
department of health for copies of vital records or services in excess of the
fees imposed by this section shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be
retained by the department and deposited in the state treasury to the
credit of the general operations fund created by section 3701.83 of the
Revised Code.
(2) An overpayment in excess of two dollars shall be
returned to the person who made the overpayment.
(D) If a local registrar is a salaried employee of a city
or a general health district, any fees the local registrar
receives pursuant to section 3705.23 of the Revised Code shall be paid into
the general fund of the city or the health fund of the general health
district.
Each local registrar of vital statistics, or each health
district where the local registrar is a salaried employee of the
district, shall be entitled to a fee for each birth, fetal death,
death, or military service certificate properly and completely
made out and registered with the local registrar or district and
correctly copied and
forwarded to the office of vital statistics in accordance with
the population of the primary registration district at the last
federal census. The fee for each birth, fetal death, death, or
military service certificate shall be:
(1) In primary registration districts of over two hundred
fifty thousand, twenty cents;
(2) In primary registration districts of over one hundred
twenty-five thousand and less than two hundred fifty thousand,
sixty cents;
(3) In primary registration districts of over fifty
thousand and less than one hundred twenty-five thousand, eighty
cents;
(4) In primary registration districts of less than fifty
thousand, one dollar.
(E) The director of health shall annually certify to the
county treasurers of the several counties the number of birth, fetal death, death, and military service certificates registered
from their respective counties with the names of the local
registrars and the amounts due each registrar and health district
at the rates fixed in this section. Such amounts shall be paid
by the treasurer of the county in which the registration
districts are located. No fees shall be charged or collected by
registrars except as provided by this chapter and section 3109.14
of the Revised Code.
(F) A probate judge shall be paid a fee of fifteen cents
for each certified abstract of marriage prepared and forwarded by
the probate judge to the department of health pursuant to section 3705.21 of
the Revised Code. The fee shall be in addition to the fee paid
for a marriage license and shall be paid by the applicants for
the license.
(G) The clerk of a court of common pleas shall be paid a
fee of one dollar for each certificate of divorce, dissolution,
and annulment of marriage prepared and forwarded by the clerk to the
department pursuant to section 3705.21 of the Revised Code. The
fee for the certified abstract of divorce, dissolution, or
annulment of marriage shall be added to the court costs allowed
in these cases.
(H) The fee for an heirloom certification of birth issued
pursuant to
division (B)(2) of section 3705.23 of the Revised
Code shall be an amount prescribed by rule by the
director of health plus any fee required by section 3109.14 of the
Revised Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to offset the expense
of processing heirloom certifications of birth. The fee prescribed
by the director of health
pursuant to this division shall be deposited
into
the state treasury to the credit of the heirloom certification of birth fund
which is hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing heirloom
certifications of birth. However, the money collected for the surcharge,
subject to the approval of the controlling board, shall be used for the
purposes specified by the family and children first council pursuant to
section 121.37 of the Revised Code.
Sec. 3706.01. As used in this chapter:
(A) "Governmental agency" means a department, division, or
other unit of state government, a municipal corporation, county,
township, and other political subdivision, or any other public
corporation or agency having the power to acquire, construct, or
operate air quality facilities, the United States or any agency
thereof, and any agency, commission, or authority established
pursuant to an interstate compact or agreement.
(B) "Person" means any individual, firm, partnership,
association, or corporation, or any combination thereof.
(C) "Air contaminant" means particulate matter, dust,
fumes,
gas, mist, smoke, noise, vapor, heat, radioactivity,
radiation, or
odorous substance, or any combination thereof.
(D) "Air pollution" means the presence in the ambient air
of
one or more air contaminants in sufficient quantity and of
such
characteristics and duration as to injure human health or
welfare,
plant or animal life, or property, or that unreasonably
interferes
with the comfortable enjoyment of life or property.
(E) "Ambient air" means that portion of the atmosphere
outside of buildings and other enclosures, stacks, or ducts that
surrounds human, plant, or animal life, or property.
(F) "Emission" means the release into the outdoor
atmosphere
of an air contaminant.
(G) "Air quality facility" means any
of the following:
(1) Any method, modification
or replacement of property,
process, device, structure, or
equipment that removes, reduces,
prevents, contains, alters,
conveys, stores, disperses, or
disposes of air contaminants or
substances containing air
contaminants, or that renders less
noxious or reduces the
concentration of air contaminants in the
ambient air, including,
without limitation, facilities and
expenditures that qualify as
air pollution control facilities
under section 103 (C)(4)(F) of
the Internal Revenue Code of 1954,
as amended, and regulations
adopted thereunder;
(2) Motor vehicle
inspection stations operated in accordance
with, and any
equipment used for motor vehicle inspections
conducted under,
section 3704.14 of the Revised Code and rules
adopted under it;
(3) Ethanol or other biofuel facilities, including any
equipment used at the
ethanol or other biofuel facility for the
production of ethanol or other biofuels;
(4) Any property or portion thereof used for the collection,
storage,
treatment, utilization, processing, or final disposal of a by-product or
solid
waste resulting from any method, process, device, structure,
or
equipment that removes, reduces, prevents, contains, alters,
conveys, stores, disperses, or disposes of air contaminants, or
that renders less noxious or reduces the concentration of air
contaminants in the ambient air;
(5) Any property, device, or
equipment that promotes the
reduction of emissions of air
contaminants into the ambient air
through improvements in the
efficiency of energy utilization or
energy conservation;
(6) Any coal research and development project conducted under Chapter 1555. of the Revised Code;
(7) As determined by the director of the Ohio coal development office, any property or portion thereof that is used for the collection, storage, treatment, utilization, processing, or final disposal of a by-product resulting from a coal research and development project as defined in section 1555.01 of the Revised Code or from the use of clean coal technology, excluding any property or portion thereof that is used primarily for other subsequent commercial purposes;
(8) Any property or portion thereof that is part of the FutureGen project of the United States department of energy or related to the siting of the FutureGen project.
"Air quality facility"
further
includes any
property or
system to be used in whole or
in part for any of
the purposes
in
divisions (G)(1) to (8) of this section,
whether
another purpose
is also
served, and any property or system
incidental to or
that
has to
do with, or the end purpose of
which is, any of the
foregoing. Air
quality facilities that are
defined in this
division for
industry, commerce, distribution, or
research,
including public
utility companies, are hereby
determined to be
those
that qualify as facilities for the
control of air pollution
and
thermal pollution related to air
under Section 13 of Article
VIII, Ohio Constitution.
(H) "Project" or "air quality project" means any air
quality
facility, including undivided or other interests therein,
acquired
or to be acquired or constructed or to be constructed by
the Ohio
air quality development authority under this chapter, or
acquired
or to be acquired or constructed or to be constructed by
a
governmental agency or person with all or a part of the cost
thereof being paid from a loan or grant from the authority under
this chapter or otherwise paid from the proceeds of air quality revenue bonds, including all buildings and facilities that the
authority determines necessary for the operation of the project,
together with all property, rights, easements, and interests that
may be required for the operation of the project.
(I) "Cost" as applied to an air quality project means the
cost of acquisition and construction, the cost of acquisition of
all land, rights-of-way, property rights, easements, franchise
rights, and interests required for such acquisition and
construction, the cost of demolishing or removing any buildings
or
structures on land so acquired, including the cost of
acquiring
any lands to which such buildings or structures may be
moved, the
cost of acquiring or constructing and equipping a
principal office
and sub-offices of the authority, the cost of
diverting highways,
interchange of highways, and access roads to
private property,
including the cost of land or easements for
such access roads, the
cost of public utility and common carrier
relocation or
duplication, the cost of all machinery,
furnishings, and
equipment, financing charges, interest prior to
and during
construction and for no more than eighteen months
after completion
of construction, engineering, expenses of
research and development
with respect to air quality facilities, the cost of any commodity contract, including fees and expenses related thereto,
legal expenses, plans,
specifications, surveys, studies,
estimates of cost and revenues,
working capital, other expenses
necessary or incident to
determining the feasibility or
practicability of acquiring or
constructing such project,
administrative expense, and such other
expense as may be
necessary or incident to the acquisition or
construction of the
project, the financing of such acquisition or
construction,
including the amount authorized in the resolution of
the
authority providing for the issuance of air quality revenue
bonds
to be paid into any special funds from the proceeds of such
bonds, and the financing of the placing of such project in
operation. Any obligation, cost, or expense incurred by any
governmental agency or person for surveys, borings, preparation
of
plans and specifications, and other engineering services, or
any
other cost described above, in connection with the
acquisition or
construction of a project may be regarded as a
part of the cost of
that project and may be reimbursed out of the
proceeds of air
quality revenue bonds as authorized by this
chapter.
(J) "Owner" includes an individual, copartnership,
association, or corporation having any title or interest in any
property, rights, easements, or interests authorized to be
acquired by this chapter.
(K) "Revenues" means all rentals and other charges
received
by the authority for the use or services of any air
quality
project, any gift or grant received with respect to any
air
quality project, any moneys received with respect to the
lease,
sublease, sale, including installment sale or conditional
sale, or
other disposition of an air quality project, moneys
received in
repayment of and for interest on any loans made by
the authority
to a person or governmental agency, whether from
the United States
or any department, administration, or agency
thereof, or
otherwise, proceeds of such bonds to the extent that
use thereof
for payment of principal of, premium, if any, or
interest on the
bonds is authorized by the authority, amounts received or otherwise derived from a commodity contract or from the sale of the related commodity under such a contract, proceeds
from any insurance,
condemnation, or guaranty pertaining to a
project or property
mortgaged to secure bonds or pertaining to
the financing of the
project, and income and profit from the
investment of the proceeds
of air quality revenue bonds or of any
revenues.
(L) "Public roads" includes all public highways, roads,
and
streets in the state, whether maintained by the state,
county,
city, township, or other political subdivision.
(M) "Public utility facilities" includes tracks, pipes,
mains, conduits, cables, wires, towers, poles, and other
equipment
and appliances of any public utility.
(N) "Construction," unless the context indicates a
different
meaning or intent, includes reconstruction,
enlargement,
improvement, or providing furnishings or equipment.
(O) "Air quality revenue bonds," unless the context
indicates a different meaning or intent, includes air quality
revenue notes, air quality revenue renewal notes, and air quality
revenue refunding bonds, except that notes issued in anticipation
of the issuance of bonds shall have a maximum maturity of five
years as provided in section 3706.05 of the Revised Code and
notes
or renewal notes issued as the definitive obligation may be
issued
maturing at such time or times with a maximum maturity of
forty
years from the date of issuance of the original note.
(P) "Solid waste" means any garbage; refuse; sludge from a
waste water treatment plant, water supply treatment plant, or air
pollution control facility; and other discarded material,
including solid, liquid, semisolid, or contained gaseous material
resulting from industrial, commercial, mining, and agricultural
operations, and from community activities, but not including
solid
or dissolved material in domestic sewage, or solid or
dissolved
material in irrigation return flows or industrial
discharges that
are point sources subject to permits under
section 402 of the
"Federal Water Pollution Control Act
Amendments of 1972," 86 Stat.
880, 33 U.S.C.A. 1342, as amended,
or source, special nuclear, or
byproduct material as defined by
the "Atomic Energy Act of 1954,"
68 Stat. 921, 42 U.S.C.A. 2011,
as amended.
(Q) "Sludge" means any solid, semisolid, or liquid waste,
other than a recyclable by-product, generated from a municipal,
commercial, or industrial waste water treatment plant, water
supply plant, or air pollution control facility or any other such
wastes having similar characteristics and effects.
(R) "Ethanol or other biofuel facility" means a plant at
which
ethanol or other biofuel is
produced.
(S) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains, cheese
whey, and sugar beets; forest products; or other renewable or
biomass
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable or biomass resources, that
meets all of
the specifications in the American society for
testing and
materials (ASTM) specification D 4806-88 and is
denatured as
specified in Parts 20 and 21 of Title 27 of the Code
of Federal
Regulations.
(T) "Biofuel" means any fuel that is made from cellulosic
biomass resources, including renewable organic matter, crop waste
residue, wood, aquatic plants and other crops, animal waste, solid
waste, or sludge, and that is used for the production of energy
for transportation or other purposes.
(U) "FutureGen project" means the buildings, equipment, and real property and functionally related buildings, equipment, and real property, including related research projects that support the development and operation of the buildings, equipment, and real property, designated by the United States department of energy and the FutureGen industrial alliance, inc., as the coal-fueled, zero-emissions power plant designed to prove the technical and economic feasibility of producing electricity and hydrogen from coal and nearly eliminating carbon dioxide emissions through capture and permanent storage.
(V) "Commodity contract" means a contract or series of contracts entered into in connection with the acquisition or construction of air quality facilities for the purchase or sale of a commodity that is eligible for prepayment with the proceeds of federally tax exempt bonds under sections 103, 141, and 148 of the Internal Revenue Code of 1986, as amended, and regulations adopted under it.
Sec. 3706.03. It is hereby declared to be the public
policy of the state through the operations of the Ohio air
quality development authority under this chapter to contribute
toward one or more of the following: to provide for the
conservation of air as a natural resource of the state, and to
prevent or abate the pollution thereof, to provide for the
comfort, health, safety, and general welfare of all employees, as
well as all other inhabitants of the state, to assist in the
financing of air quality facilities for industry, commerce,
distribution, and research, including public utility companies,
to create or preserve jobs and employment opportunities or
improve the economic welfare of the people, or assist and
cooperate with governmental agencies in achieving such purposes.
In furtherance of such public policy the Ohio air quality
development authority may initiate, acquire, construct, maintain,
repair, and operate air quality projects or cause the same to be
operated pursuant to a lease, sublease, or agreement with any
person or governmental agency; may make loans and grants to
governmental agencies for the acquisition or construction of air
quality facilities by such governmental agencies; may make loans
to persons for the acquisition or construction of air quality
facilities by such persons; may enter into commodity contracts with, or make loans for the purpose of entering into commodity contracts to, any person, governmental agency, or entity located within or without the state in connection with the acquisition or construction of air quality facilities; and may issue air quality revenue
bonds of this state payable solely from revenues, to pay the cost
of such projects, including any related commodity contracts. Any air quality project shall be determined by
the authority to be not inconsistent with any applicable air
quality standards duly established and then required to be met
pursuant to the "Clean Air Act," 84 Stat. 1679 (1970), 42
U.S.C.A. 1857, as amended. Any resolution of the authority
providing for acquiring or constructing such projects or for
making a loan or grant for such projects shall include a finding
by the authority that such determination has been made.
Determinations by resolution of the authority that a project is
an air quality facility under this chapter and is consistent with
the purposes of section 13 of Article VIII, Ohio Constitution,
and this chapter, shall be conclusive as to the validity and
enforceability of the air quality revenue bonds issued to finance
such project and of the resolutions, trust agreements or
indentures, leases, subleases, sale agreements, loan agreements,
and other agreements made in connection therewith, all in
accordance with their terms.
Sec. 3706.041. (A) With respect to projects, and the
financing thereof, for industry, commerce, distribution, or
research, including public utility companies, under agreements
whereby the person to whom the project is to be leased, subleased,
or sold, or to whom a loan is to be made for the project, is to
make payments sufficient to pay all of the principal of, premium,
if any, and interest on the air quality revenue bonds issued for
the project, or the counterparty under any related commodity contract agrees to make payments sufficient in amount to pay all of the principal of, premium, if any, and interest on the related air quality revenue bonds, the Ohio air quality development authority may, in addition to other powers under
this chapter:
(1) Make loans for the acquisition or construction of the
project to such person upon such terms as the authority may
determine or authorize, including secured or unsecured loans,
and, in connection therewith, enter into loan agreements and
other agreements, including commodity contracts, accept notes and other forms of obligation to
evidence such indebtedness and mortgages, liens, pledges,
assignments, or other security interests to secure such
indebtedness, which may be prior or subordinnate subordinate to
or on a parity with other indebtedness, obligations, mortgages,
pledges, assignments, other security interests, or liens or
encumbrances, and take such actions as may be considered by it
appropriate to protect such security and safeguard against
losses, including, without limitation thereto, foreclosure and
the bidding upon and purchase of property upon foreclosure or
other sale.
(2) Sell such project under such terms as it may
determine, including, without limitation thereto, sale by
conditional sale or installment sale, under which title may pass
prior to or after completion of the project or payment or
provisions for payment of all principal of, premium, if any, and
interest on such bonds, or at any other time provided in such
agreement pertaining to such sale, and including sale under an
option to purchase at a price which may be a nominal amount or
less than true value at the time of purchase.
(3) Grant a mortgage, lien, or other encumbrance on, or
pledge or assignment of, or other security interest with respect
to, all or any part of the project, revenues, reserve funds, or
other funds established in connection with such bonds, or on, of,
or with respect to any lease, sublease, sale, conditional sale or
installment sale agreement, loan agreement, or other agreement
pertaining to the lease, sublease, sale, or other disposition of
a project or pertaining to a loan made for a project, or any
guaranty or insurance agreement made with respect thereto, or any
interest of the authority therein, or any other interest granted,
assigned, or released to secure payments of the principal of,
premium, if any, or interest on the bonds or to secure any other
payments to be made by the authority, which mortgage, lien,
encumbrance, pledge, assignment, or other security interest may
be prior or subordinate to or on a parity with any other
mortgage, assignment, other security interest, or lien or
encumbrance.
(4) Provide that the interest on such bonds may be at a
variable rate or rates changing from time to time in accordance
with a base or formula as authorized by the authority.
(5) Contract for the acquisition or construction of such
project or any part thereof, including any related commodity contracts, and for the leasing, subleasing, sale
or other disposition of such project in a manner determined by
the authority in its sole discretion, without necessity for
competitive bidding or performance bonds.
(B) Property comprising a project shall not be subject to
taxes or assessments and so long as the bonds or notes issued to
finance the costs of such project are outstanding, and the
transfer of title to or possession of such property to the person
to whom a loan or installment sale or conditional sale with
respect to such project is made shall not be subject to the taxes
levied pursuant to Chapters 5739. and 5741. of the Revised Code.
The authority shall certify the property comprising a
project which is exempt from taxes and assessments pursuant to
this section, and shall send, by certified mail, copies of such
certification to the owner of such exempt property, to the tax
commissioner, and to the county auditor of the county or counties
in which any such exempt property is located.
Each county auditor shall maintain a separate list of all
property exempt pursuant to this section and sections 6121.044
and 6123.041 of the Revised Code, in addition to the list of
exempt property required to be maintained pursuant to section
5713.07 of the Revised Code.
(C) The authority, in the lease, sale or loan agreement
with respect to a project referred to in division (A) of this
section, shall make appropriate provision for adequate
maintenance of the project.
(D) With respect to the projects referred to in this
section, the authority granted by this section is cumulative and
supplementary to all other authority granted in this chapter.
The authority granted by this section does not alter or impair
any similar authority granted elsewhere in this chapter for or
with respect to other projects.
Sec. 3706.05. The Ohio air quality development authority
may at any time issue revenue bonds and notes of the state in
such principal amount as, in the opinion of the authority, are
necessary for the purpose of paying any part of the cost of one
or more air quality projects or parts thereof, including one or more payments pursuant to a commodity contract entered into in connection with the acquisition or construction of air quality facilities. The authority may
at any time issue renewal notes, issue bonds to pay such notes
and whenever it deems refunding expedient, refund any bonds by
the issuance of air quality revenue refunding bonds of the state,
whether the bonds to be refunded have or have not matured, and
issue bonds partly to refund bonds then outstanding, and partly
for any other authorized purpose. The refunding bonds shall be
sold and the proceeds applied to the purchase, redemption, or
payment of the bonds to be refunded. Except as may otherwise be
expressly provided by the authority, every issue of its bonds or
notes shall be general obligations of the authority payable out
of the revenues of the authority that are pledged for such
payment, without preference or priority of the first bonds
issued, subject only to any agreements with the holders of
particular bonds or notes pledging any particular revenues. Such
pledge shall be valid and binding from the time the pledge is
made and the revenues so pledged and thereafter received by the
authority shall immediately be subject to the lien of such pledge
without any physical delivery thereof or further act, and the
lien of any such pledge is valid and binding as against all
parties having claims of any kind in tort, contract, or otherwise
against the authority, irrespective of whether such parties have
notice thereof. Neither the resolution nor any trust agreement
by which a pledge is created need be filed or recorded except in
the records of the authority.
Whether or not the bonds or notes are of such form and
character as to be negotiable instruments, the bonds or notes
shall have all the qualities and incidents of negotiable
instruments, subject only to the provisions of the bonds or notes
for registration.
The bonds and notes shall be authorized by resolution of
the authority, shall bear such date or dates, and shall mature at
such time or times, in the case of any such note or any renewals
thereof not exceeding five years from the date of issue of such
original note and in the case of any such bond not exceeding
forty years from the date of issue, as such resolution or
resolutions may provide. The bonds and notes shall bear interest
at such rate or rates, be in such denominations, be in such form,
either coupon or registered, carry such registration privileges,
be payable in such medium of payment, at such place or places,
and be subject to such terms of redemption as the authority may
authorize. The bonds and notes of the authority may be sold by
the authority, at public or private sale, at or at not less than
such price or prices as the authority determines. The bonds and
notes shall be executed by the chairman chairperson and
vice-chairman vice-chairperson of the
authority, either or both of whom may use a facsimile signature,
the official seal of the authority or a facsimile thereof shall
be affixed thereto or printed thereon and attested, manually or
by facsimile signature, by the secretary-treasurer of the
authority, and any coupons attached thereto shall bear the
signature or facsimile signature of the chairman chairperson of
the
authority. In case any officer whose signature, or a facsimile
of whose signature, appears on any bonds, notes or coupons ceases
to be such officer before delivery of bonds or notes, such
signature or facsimile shall nevertheless be sufficient for all
purposes the same as if he the officer had remained in office
until such
delivery, and in case the seal of the authority has been changed
after a facsimile has been imprinted on such bonds or notes, such
facsimile seal will continue to be sufficient for all purposes.
Any resolution or resolutions authorizing any bonds or
notes or any issue thereof may contain provisions, subject to
such agreements with bondholders or noteholders as may then
exist, which provisions shall be a part of the contract with the
holders thereof, as to: the pledging of all or any part of the
revenues of the authority to secure the payment of the bonds or
notes or of any issue thereof; the use and disposition of
revenues of the authority; a covenant to fix, alter, and collect
rentals and other charges so that pledged revenues will be
sufficient to pay costs of operation, maintenance, and repairs,
pay principal of and interest on bonds or notes secured by the
pledge of such revenues, and provide such reserves as may be
required by the applicable resolution or trust agreement; the
setting aside of reserve funds, sinking funds, or replacement and
improvement funds and the regulation and disposition thereof; the
crediting of the proceeds of the sale of bonds or notes to and
among the funds referred to or provided for in the resolution
authorizing the issuance of the bonds or notes; the use, lease,
sale, or other disposition of any air quality project or any
other assets of the authority; limitations on the purpose to
which the proceeds of sale of bonds or notes may be applied and
the pledging of such proceeds to secure the payment of the bonds
or notes or of any issue thereof; as to notes issued in
anticipation of the issuance of bonds, the agreement of the
authority to do all things necessary for the authorization,
issuance, and sale of such bonds in such amounts as may be
necessary for the timely retirement of such notes; limitations on
the issuance of additional bonds or notes; the terms upon which
additional bonds or notes may be issued and secured; the
refunding of outstanding bonds or notes; the procedure, if any,
by which the terms of any contract with bondholders or
noteholders may be amended or abrogated, the amount of bonds or
notes the holders of which must consent thereto, and the manner
in which such consent may be given; limitations on the amount of
moneys to be expended by the authority for operating,
administrative, or other expenses of the authority; securing any
bonds or notes by a trust agreement in accordance with section
3706.07 of the Revised Code; any other matters, of like or
different character, that in any way affect the security or
protection of the bonds or notes.
Neither the members of the authority nor any person
executing the bonds or notes shall be liable personally on the
bonds or notes or be subject to any personal liability or
accountability by reason of the issuance thereof.
Sec. 3706.07. In the discretion of the Ohio air quality
development authority, any air quality revenue bonds or notes or
air quality revenue refunding bonds issued under Chapter 3706. of
the Revised Code, may be secured by a trust agreement between the
authority and a corporate trustee, which trustee may be any trust
company or bank having the powers of a trust company within or
without the state.
Any such trust agreement may pledge or assign revenues of
the authority to be received, but shall not convey or mortgage
any air quality project or any part thereof. Any such trust
agreement or any resolution providing for the issuance of such
bonds or notes may contain such provisions for protecting and
enforcing the rights and remedies of the bondholders or
noteholders as are reasonable and proper and not in violation of
law, including covenants setting forth the duties of the
authority in relation to the acquisition of property, the
construction, improvement, maintenance, repair, operation, and
insurance of the air quality project or projects in connection
with which such bonds or notes are authorized, the rentals or
other charges to be imposed for the use or services of any air
quality project, the application of revenues received or otherwise derived from a commodity contract or from the sale of the related commodity under such contract, the custody, safeguarding, and application of
all moneys, and provisions for the employment of consulting
engineers in connection with the construction or operation of
such air quality project or projects. Any bank or trust company
incorporated under the laws of this state that may act as
depository of the proceeds of bonds or notes or of revenues may
furnish such indemnifying bonds or may pledge such securities as
are required by the authority. Any such trust agreement may set
forth the rights and remedies of the bondholders and noteholders
and of the trustee, and may restrict the individual right of
action by bondholders and noteholders as is customary in trust
agreements or trust indentures securing similar bonds. Such
trust agreement may contain such other provisions as the
authority determines reasonable and proper for the security of
the bondholders or noteholders. All expenses incurred in
carrying out the provisions of any such trust agreement may be
treated as a part of the cost of the operation of the air quality
project or projects. Any such trust agreement or resolution
authorizing the issuance of air quality revenue bonds may provide
the method whereby the general administrative overhead expenses
of the authority shall be allocated among the several projects
acquired or constructed by it as a factor of the operation
expense of each such project.
Sec. 3718.03. (A) There is hereby created the
sewage treatment system technical advisory committee consisting of
the director of health or the director's designee and ten members
who are knowledgeable about sewage treatment systems and
technologies to be appointed by the director. Of the ten members, four shall be
appointed by the director, one shall represent academia, two shall
represent the interests of manufacturers of household sewage
treatment systems, one shall represent installers and service providers, two shall be health commissioners who are members of and recommended by the association of Ohio health commissioners, one shall be a sanitarian who is registered under Chapter 4736. of the Revised Code and who is a member of the Ohio environmental health association, one shall be an engineer from the environmental protection agency, one shall be selected from among soil
scientists from the division of soil and water conservation in the department of natural resources, and one shall
be a representative of the public who is not employed by the state
or any of its political subdivisions and who does not have a
pecuniary interest in sewage treatment systems. All
appointments to the committee shall be made not later than sixty
days after the effective date of this section governor, three shall be appointed by the president of the senate, and three shall be appointed by the speaker of the house of representatives.
(1) Of the members appointed by the governor, one shall represent academia, one shall be a representative of the public who is not employed by the state or any of its political subdivisions and who does not have a pecuniary interest in household sewage treatment systems, one shall be an engineer from the environmental protection agency, and one shall be selected from among soil scientists in the division of soil and water conservation in the department of natural resources.
(2) Of the members appointed by the president of the senate, one shall be a health commissioner who is a member of and recommended by the association of Ohio health commissioners, one shall represent the interests of manufacturers of household sewage treatment systems, and one shall represent installers and service providers.
(3) Of the members appointed by the speaker of the house of representatives, one shall be a health commissioner who is a member of and recommended by the association of Ohio health commissioners, one shall represent the interests of manufacturers of household sewage treatment systems, and one shall be a sanitarian who is registered under Chapter 4736. of the Revised Code and who is a member of the Ohio environmental health association.
(B) Of the initial members appointed by the director to the
technical advisory committee, three shall be appointed for one
year, three shall be appointed for two years, and four shall be
appointed for three years. Thereafter, terms Terms of members appointed to the committee shall be for three
years, with each term ending on the same day of the same month as
did the term that it succeeds. Each member shall serve from the
date of appointment until the end of the term for which the member
was appointed.
Members may be reappointed. Vacancies shall be filled in the
same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue to serve
after the expiration date of the member's term until the member's
successor is appointed or until a period of sixty days has
elapsed, whichever occurs first. The director applicable appointing authority may remove a member
from the committee for failure to attend two consecutive meetings
without showing good cause for the absences.
(C) The director or the director's designee shall serve as
the chairperson of the technical advisory committee. The technical advisory
committee annually shall select from among its members a chairperson and a
vice-chairperson and a secretary to keep a record of its
proceedings. A majority vote of the members of the full committee is
necessary to take action on any matter. The committee may adopt
bylaws governing its operation, including bylaws that establish
the frequency of meetings.
(D) Serving as a member of the sewage treatment
system technical advisory committee does not constitute holding a
public office or position of employment under the laws of this
state and does not constitute grounds for removal of public
officers or employees from their offices or positions of
employment. Members of the committee shall serve without
compensation for attending committee meetings.
(E) A member of the committee shall not have a conflict of
interest with the position. For the purposes of this division,
"conflict of interest" means the taking of any action that
violates any provision of Chapter 102. or 2921. of the Revised
Code.
(F) The sewage treatment system technical advisory
committee shall do all of the following:
(1) Develop with the department of health standards and
guidelines for use by the director in approving or disapproving a sewage
treatment system or components of a system under section 3718.04
of the Revised Code;
(2) Develop with the department an application
form to be submitted to the director by an applicant for approval
or disapproval of a sewage treatment system or
components of a system and specify the information that must be included with an application form;
(3) Advise the director on the approval or disapproval of an application sent to the
director under section 3718.04 of the Revised Code requesting
approval of a sewage treatment system or components
of a system;
(4) Pursue and recruit in an active manner the research, development, introduction, and timely approval of innovative and cost-effective household sewage treatment systems and components of a system for use in this state, which shall include conducting pilot projects to assess the effectiveness of a system or components of a system;
(5) By January 1, 2008, provide the household sewage and small flow on-site sewage treatment system study commission created by Am. Sub. H.B. 119 of the 127th general assembly with a list of available alternative systems and the estimated cost of each system.
(G) If the committee meets in a calendar year, the director of health The chairperson of the committee shall prepare and submit a an annual report concerning the activities of the committee to the general assembly not later than ninety days after the end of the calendar year. The report shall discuss the number of applications submitted under section 3718.04 of the Revised Code for the approval of a new sewage treatment system or a component of a system, the number of such systems and components that were approved, any information that the committee considers beneficial to the general assembly, and any other information that the director chairperson determines is beneficial to the general assembly. If other members of the committee determines determine that certain information should be included in the report, the committee they shall submit the information to the director chairperson not later than thirty days after the end of the calendar year.
(H) The department shall provide meeting space for
the committee. The committee shall be assisted in its duties by
the staff of the department.
(I) Sections 101.82 to 101.87 of the Revised Code do not
apply to the sewage treatment system technical advisory
committee.
Sec. 3721.51. The department of job and family services
shall do all of the following:
(A) Subject to division (C) of this section and for the
purposes specified in
sections 3721.56 and 3721.561 of the
Revised Code, determine an annual
franchise
permit fee on each
nursing home in an amount equal to
six dollars and twenty-five cents
for fiscal
years 2006 and 2007 and
one
dollar
for each
fiscal
year
thereafter, multiplied by the product
of the
following:
(1) The number of beds licensed as nursing home beds, plus
any other beds certified as skilled nursing facility beds under
Title XVIII or nursing facility beds under Title XIX on the
first
day of May of the calendar year in which the fee is
determined
pursuant to division (A) of section 3721.53 of the
Revised Code;
(2) The number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(B) Subject to division (C) of this section and for the
purposes specified in
sections 3721.56 and 3721.561 of the
Revised Code, determine an annual
franchise
permit fee on each
hospital in an amount equal to
six dollars and twenty-five cents for
fiscal years
2006 and 2007 and one
dollar
for each fiscal
year
thereafter,
multiplied by the product of the
following:
(1) The number of beds registered pursuant to section
3701.07 of the Revised Code as skilled nursing facility beds or
long-term care beds, plus any other beds licensed as nursing home
beds under section 3721.02 or 3721.09 of the Revised Code, on
the first day of May
of
the calendar year in which the fee is determined pursuant to
division (A) of section 3721.53 of the Revised Code;
(2) The number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(C) If the United States
centers for medicare and medicaid
services
determines that the
franchise permit fee established by
sections
3721.50
to
3721.58 of the Revised Code is an
impermissible health care
related tax under section 1903(w) of
the
"Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.
1396b(w), as
amended, take
all
necessary actions to
cease implementation of sections 3721.50 to 3721.58 of the Revised Code
in
accordance with rules
adopted under section 3721.58 of the
Revised
Code.
Sec. 3721.541. (A) In addition to assessing a penalty pursuant to section 3721.54 of the Revised Code, the department of job and family services may do either any of the following if a nursing facility or hospital fails to pay the full amount of a franchise permit fee installment when due:
(1) Withhold an amount less than or equal to the installment and penalty assessed under section 3721.54 of the Revised Code from a medicaid payment due the nursing facility or hospital until the nursing facility or hospital pays the installment and penalty;
(2) Offset an amount less than or equal to the installment and penalty assessed under section 3721.54 of the Revised Code from a Medicaid payment due the nursing facility or hospital;
(3) Terminate the nursing facility or hospital's medicaid provider agreement.
(B) The department may withhold offset a medicaid payment under division (A)(1) of this section without providing notice to the nursing facility or hospital and without conducting an adjudication under Chapter 119. of the Revised Code.
Sec. 3721.56.
There is hereby created in the state treasury the home- and community-based services for the aged fund. Sixteen per cent of
all
payments and
penalties paid by nursing
homes and hospitals
under
sections
3721.53 and 3721.54 of the
Revised Code
for fiscal
years 2006 and 2007,
and all such payments and penalties paid for
subsequent
fiscal
years, shall be deposited into the fund. The departments of job and
family
services
and aging
shall use the moneys in the fund to fund the
following
in
accordance with rules adopted under section 3721.58
of the
Revised
Code:
(A) The medicaid program established under
Chapter
5111. of the Revised Code, including the PASSPORT program established under section 173.40
of
the Revised Code;
(B) The residential state supplement program
established
under section 173.35 of the Revised Code.
Sec. 3727.391. (A) The duties of the director of health under section 3727.39 of the Revised Code apply only to the extent that appropriations are made by the general assembly to make performance of the duties possible.
(B) Subject to division (A) of this section, the The director of health shall enter into a contract with a person under which the director's duties under section 3727.39 of the Revised Code are performed by the person pursuant to the contract. The contract may be entered into with any person selected by the director. For purposes of section 3727.39 of the Revised Code, all references to the director are references to the person who is under contract with the director pursuant to this division.
The
department of health may accept gifts, grants, donations, and awards for purposes of paying the fees or other costs incurred when a contract is entered into under this division.
Sec. 3734.57. (A) The following fees are hereby
levied on the transfer or
disposal of
solid wastes in this state:
(1) One dollar per ton on and after July 1, 2003, through June 30, 2008 2010, one-half of the proceeds of which shall be deposited in the state treasury to the credit of the hazardous waste facility management fund created in section 3734.18 of the Revised Code and one-half of the proceeds of which shall be deposited in the state treasury to the credit of the hazardous waste clean-up fund created in section 3734.28 of the Revised Code;
(2) An additional one dollar per ton on
and after
July 1,
2003, through June 30,
2008 2010, the proceeds of which shall be deposited in the state treasury to the credit of the solid waste fund, which is hereby created. The environmental protection agency shall use money in the solid waste fund to pay the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and any rules adopted under them, providing compliance assistance to small businesses, and paying a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code.
(3) An additional one dollar and fifty cents per ton on and after July 1, 2005, through June 30, 2008 2010, the proceeds of which shall be deposited in the state treasury to the credit of the environmental protection fund created in section 3745.015 of the Revised Code.
In the case of solid wastes that are taken to a solid waste transfer facility located in this state prior to being transported for disposal at a solid waste disposal facility located in this state or outside of this state, the fees levied under this division shall be collected by the owner or operator of the transfer facility as a trustee for the state. The amount of fees required to be collected under this division at such a transfer facility shall equal the total tonnage of solid wastes received at the facility multiplied by the fees levied under this division. In the case of solid wastes that are not taken to a solid waste transfer facility located in this state prior to being transported to a solid waste disposal facility, the fees shall be collected by the owner or operator of the solid waste disposal facility as a trustee for the state. The amount of fees required to be collected under this division at such a disposal facility shall equal the total tonnage of solid wastes received at the facility that was not previously taken to a solid waste transfer facility located in this state multiplied by the fees levied under this division. Fees levied under this division do not apply to materials separated from a mixed waste stream for recycling by a generator or materials removed from the solid waste stream through recycling, as "recycling" is defined in rules adopted under section 3734.02 of the Revised Code.
The owner or operator of a solid waste transfer facility or disposal facility, as applicable, shall prepare and file with the director of
environmental protection each month a return indicating the total
tonnage of solid wastes received at the
facility during that month and the total amount of the fees required to be collected under this
division during that month. In addition, the owner or operator of a solid waste disposal facility shall indicate on the return the total tonnage of solid wastes received from transfer facilities located in this state during that month for which the fees were required to be collected by the transfer facilities. The monthly returns shall be filed on a form prescribed by the director. Not later than thirty days after the last day of the
month to which a return applies, the owner or operator shall
mail to the director the return for that month together with the
fees required to be collected under this division during that month as indicated on the return. If the return is filed and the amount of the fees due is paid in a timely manner as required in this division, the owner or operator may retain a discount of three-fourths of one per cent of the total amount of the fees that are required to be paid as indicated on the return.
The
owner or operator may request an extension of not more than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request in writing to
the
director together with a detailed description of why the
extension is requested, the director has received the request not
later than the day on which the return is required to be filed,
and the director has approved the request. If the fees are not
remitted within thirty days after the last day of the month to which the return applies or are not remitted by the last day of an extension approved by the director, the owner or operator shall not retain the three-fourths of one per cent discount and shall pay an
additional ten per cent of the amount of the fees for each
month
that they are late. For purposes of calculating the late fee, the first month in which fees are late begins on the first day after the deadline has passed for timely submitting the return and fees, and one additional month shall be counted every thirty days thereafter.
The owner or operator of a solid waste facility may request a refund or credit of fees levied under this division and remitted to the director that have not been paid to the owner or operator. Such a request shall be made only if the fees have not been collected by the owner or operator, have become a debt that has become worthless or uncollectable for a period of six months or more, and may be claimed as a deduction, including a deduction claimed if the owner or operator keeps accounts on an accrual basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted under it. Prior to making a request for a refund or credit, an owner or operator shall make reasonable efforts to collect the applicable fees. A request for a refund or credit shall not include any costs resulting from those efforts to collect unpaid fees.
A request for a refund or credit of fees shall be made in writing, on a form prescribed by the director, and shall be supported by evidence that may be required in rules adopted by the director under this chapter. After reviewing the request, and if the request and evidence submitted with the request indicate that a refund or credit is warranted, the director shall grant a refund to the owner or operator or shall permit a credit to be taken by the owner or operator on a subsequent monthly return submitted by the owner or operator. The amount of a refund or credit shall not exceed an amount that is equal to ninety days' worth of fees owed to an owner or operator by a particular debtor of the owner or operator. A refund or credit shall not be granted by the director to an owner or operator more than once in any twelve-month period for fees owed to the owner or operator by a particular debtor.
If, after receiving a refund or credit from the director, an owner or operator receives payment of all or part of the fees, the owner or operator shall remit the fees with the next monthly return submitted to the director together with a written explanation of the reason for the submittal.
For purposes of computing the fees levied under this division or division (B) of this section, any solid waste transfer or disposal facility that does not use scales as a means of determining gate receipts shall use a conversion factor of three cubic yards per ton of solid waste or one cubic yard per ton for baled waste, as applicable.
The fees levied under this division and divisions (B) and
(C)
of this section are in addition to all other applicable fees
and
taxes and shall be paid by the customer or a political subdivision to the owner or operator of a solid
waste
transfer or disposal facility notwithstanding the existence of any provision in a contract that the customer or a political subdivision may have with the owner or operator or with a transporter of waste to the facility that would not require or allow such payment.
(B) For the purposes specified in division (G) of this section, the solid
waste management policy committee of a county
or joint solid waste
management district may levy fees upon the following
activities:
(1) The disposal at a solid waste disposal facility
located
in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
The solid waste management plan of
the county or joint
district approved under section 3734.521 or
3734.55 of the Revised
Code and any amendments to it, or the
resolution adopted under
this division, as appropriate, shall
establish the rates of the
fees levied under divisions (B)(1),
(2), and (3) of this section,
if any, and shall specify whether
the fees are levied on the basis
of tons or cubic yards as the
unit of measurement. A solid waste
management
district that levies fees under
this division on the basis of cubic yards shall do so in accordance with division (A) of this section.
The fee levied under division
(B)(1) of this section shall be not less than one dollar per ton
nor more than two dollars per ton, the fee levied under division
(B)(2) of this section shall be not less than two dollars per ton
nor more than four dollars per ton, and the fee levied under
division (B)(3) of this section shall be not more than the fee
levied under division (B)(1) of this section.
Prior to the approval of the solid waste management plan of
a district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting
the resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or
institutional
generators of solid wastes within the district that
generate the
largest quantities of solid wastes, as determined by
the
committee, and to their local trade associations. The
committee
shall make good faith efforts to identify those
generators within
the district and their local trade
associations, but the
nonprovision of notice under this division
to a particular
generator or local trade association does not
invalidate the
proceedings under this division. The publication
shall occur at
least thirty days before the hearing. After the
hearing, the
committee may make such revisions to the proposed
fees as it
considers appropriate and thereafter, by resolution,
shall adopt
the revised fee schedule. Upon adopting the revised
fee schedule,
the committee shall deliver a copy of the
resolution doing so to
the board of county commissioners of each
county forming the
district and to the legislative authority of
each municipal
corporation and township under the jurisdiction of
the district.
Within sixty days after the delivery of a copy of
the resolution
adopting the proposed revised fees by the policy
committee, each
such board and legislative authority, by
ordinance or resolution,
shall approve or disapprove the revised
fees and deliver a copy of
the ordinance or resolution to the
committee. If any such board
or legislative authority fails to
adopt and deliver to the policy
committee an ordinance or
resolution approving or disapproving the
revised fees within
sixty days after the policy committee
delivered its resolution
adopting the proposed revised fees, it
shall be conclusively
presumed that the board or legislative
authority has approved the
proposed revised fees. The committee shall determine if the resolution has been ratified in the same manner in which it determines if a draft solid waste management plan has been ratified under division (B) of section 3734.55 of the Revised Code.
The committee may amend the schedule of fees levied
pursuant
to a resolution adopted and
ratified under
this division by adopting a resolution
establishing the proposed
amount of the amended fees. The
committee may repeal the fees
levied pursuant to such a
resolution by
adopting a resolution
proposing to repeal them. Upon adopting
such a resolution, the
committee shall proceed to obtain
ratification of the resolution
in accordance with this division.
Not later than fourteen days after declaring the new fees to be ratified or the fees to be repealed under this division, the committee
shall notify by certified mail the owner or operator of each
solid
waste disposal facility that is required to collect the
fees of
the ratification and the amount of the fees or of the repeal of the fees. Collection
of any
fees
shall
commence or collection of repealed fees shall cease on the first day of the second month following the
month
in which notification is sent to the owner or operator.
Fees levied under this division also may be established, amended, or repealed by a solid waste management policy committee through the adoption of a new district solid waste management plan, the adoption of an amended plan, or the amendment of the plan or amended plan in accordance with sections 3734.55 and 3734.56 of the Revised Code or the adoption or amendment of a district plan in connection with a change in district composition under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan, amended plan, or amendment to a plan or amended plan that
establishes, amends, or repeals a schedule of fees levied by the district,
the committee shall notify by certified mail the
owner or operator of each solid waste disposal facility that is
required to collect the fees of the approval of the plan or
amended plan, or the amendment to the plan, as appropriate, and
the amount of the fees, if any. In the case of an
initial
or amended plan approved under section 3734.521 of the
Revised
Code in connection with a change in district composition,
other
than one involving the withdrawal of a county from a joint
district, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect
the
fees that the change has taken effect and of the amount of
the
fees, if any. Collection of any fees shall commence or collection of repealed fees shall cease on the first
day of the
second month following the month in which notification
is sent to
the owner or operator.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate,
forty-five
days or more before the beginning of a calendar year,
the policy
committee of each of the districts resulting from the
change that
obtained the director's approval of an initial or
amended plan in
connection with the change, within fourteen days
after the
director's completion of the required actions, shall
notify by
certified mail the owner or operator of each solid
waste disposal
facility that is required to collect the
district's fees that the
change is to take effect on the first
day of January immediately
following the issuance of the notice
and of the amount of the fees
or amended fees levied under
divisions (B)(1) to (3) of this
section pursuant to the
district's initial or amended plan as so
approved or, if
appropriate, the repeal of the district's
fees by that
initial or amended plan. Collection of any fees set
forth in
such a plan or amended plan shall commence on the first
day of
January immediately following the issuance of the notice.
If
such an initial or amended plan repeals a schedule of fees,
collection of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate, less
than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid
waste
disposal facility that is required to collect the
district's fees
that the change is to take effect on the first
day of January
immediately following the mailing of the notice
and of the amount
of the fees or amended fees levied under
divisions (B)(1) to (3)
of this section pursuant to the
district's initial or amended plan
as so approved or, if
appropriate, the repeal of the
district's fees by that
initial or amended plan. Collection of
any fees set forth in
such a plan or amended plan shall commence
on the first day of
the second month following the month in which
notification is
sent to the owner or operator. If such an initial
or amended
plan repeals a schedule of fees, collection of the
fees shall
cease on the first day of the second month following
the month in
which notification is sent to the owner or operator.
If the schedule of fees that a solid waste management district is levying under divisions (B)(1) to (3) of this section is amended or repealed, the fees in effect immediately prior to the amendment or repeal shall continue to be collected until collection of the amended fees commences or collection of the repealed fees ceases, as applicable, as specified in this division. In the case of a change in district composition, money so received from the collection of
the fees of the former
districts shall be divided among the
resulting districts in
accordance with division (B) of section
343.012 of the Revised
Code and the agreements entered into under
division (B) of section
343.01 of the Revised Code to establish
the former and resulting
districts and any amendments to those
agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or repealed is
required
to cease,
"fees" or
"schedule of fees" includes, in
addition to
fees levied under divisions (B)(1) to (3) of this
section, those
levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for
reductions in real property tax revenues due to reductions in
real
property valuations resulting from the location and
operation of a
solid waste disposal facility within the municipal
corporation or
township, a municipal corporation or township in
which such a
solid waste disposal facility is located may levy a
fee of not
more than twenty-five cents per ton on the disposal of
solid
wastes at a solid waste disposal facility located within
the
boundaries of the municipal corporation or township
regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24,
1992,
shall commence on the first day of the second month
following the
month in which notification is sent to the owner or
operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to the
disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator
of
the wastes when the solid waste facility exclusively disposes
of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose
of wastes that are generated from the combustion of coal, or from
the combustion of primarily coal in combination with scrap tires,
that is not combined in any way with garbage at one or more
premises owned by the generator.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of
the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist
of scrap tires, are burned in a disposal facility that is
an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section
shall be levied upon
the disposal of the fly ash and bottom ash
remaining after burning
of the solid wastes and shall be
collected by the owner or
operator of the sanitary landfill where
the ash is disposed of.
(4) When solid wastes are delivered to a solid waste
transfer facility, the fees levied under divisions (B) and
(C) of this section shall be levied upon
the disposal of solid
wastes transported off the premises of the
transfer facility for
disposal and shall be collected by the
owner or operator of the
solid waste disposal facility where the
wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this section do not apply to sewage sludge that is generated by a
waste water treatment facility holding a national pollutant
discharge elimination system permit and that is disposed of
through incineration, land application, or composting or at
another resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this section do not apply to solid wastes delivered to a solid
waste composting facility for processing. When any unprocessed
solid waste or compost product is transported off the premises of
a composting facility and disposed of at a landfill, the fees
levied under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under
divisions (A), (B), and (C) of this
section shall be levied upon
the disposal of the fly ash and
bottom ash or other solid wastes
remaining after the processing
of the scrap tires and shall be
collected by the owner or
operator of the solid waste disposal
facility where the ash or
other solid wastes are disposed of.
(8) The director of environmental protection may issue an order exempting from the fees levied under this section solid wastes, including, but not limited to, scrap tires, that are generated, transferred, or disposed of as a result of a contract providing for the expenditure of public funds entered into by the administrator or regional administrator of the United States environmental protection agency, the director of environmental protection, or the director of administrative services on behalf of the director of environmental protection for the purpose of remediating conditions at a hazardous waste facility, solid waste facility, or other location at which the administrator or regional administrator or the director of environmental protection has reason to believe that there is a substantial threat to public health or safety or the environment or that the conditions are causing or contributing to air or water pollution or soil contamination. An order issued by the director of environmental protection under division (D)(8) of this section shall include a determination that the amount of the fees not received by a solid waste management district as a result of the order will not adversely impact the implementation and financing of the district's approved solid waste management plan and any approved amendments to the plan. Such an order is a final action of the director of environmental protection.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees levied under division (B) of this
section shall be forwarded
to the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the fiscal officer of the township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or other officer
of the municipal corporation under division (E) of this section
shall be paid into the general fund of the municipal corporation.
Moneys received by the fiscal officer of the township under that division
shall be paid into the general fund of the township. The
treasurer or other officer of the municipal corporation or
the township fiscal officer, as appropriate, shall maintain separate records of the
moneys received from the fees levied under division (C) of this
section.
(G) Moneys received by the board of county commissioners
or
board of directors under division (E) of this section or
section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code
shall be paid to the county treasurer, or other official
acting in
a similar capacity under a county charter, in a county
district or
to the county treasurer or other official designated
by the board
of directors in a joint district and kept in a
separate and
distinct fund to the credit of the district. If a
regional solid
waste management authority has been formed under
section 343.011
of the Revised Code, moneys received by the board
of trustees of
that regional authority under division (E) of this
section shall
be kept by the board in a separate and distinct
fund to the credit
of the district. Moneys in the special fund
of the county or
joint district arising from the fees levied
under division (B) of
this section and the fee levied
under division (A) of section
3734.573 of the Revised Code shall
be expended by the board of
county commissioners or directors of
the district in accordance
with the district's solid waste
management plan or amended plan
approved under section 3734.521,
3734.55, or 3734.56 of the
Revised Code exclusively for the
following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and
amendment of the plan required by section 3734.56 of the
Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within the district, if solid waste facilities are located within
the district, for enforcement of this chapter and rules, orders,
and terms and conditions of
permits, licenses, and variances
adopted or issued under it,
other than the hazardous waste
provisions of this chapter and
rules adopted and orders and terms
and conditions of permits issued under
those
provisions;
(4) Providing financial assistance to each county within
the
district to defray the added costs of maintaining roads and
other
public facilities and of providing emergency and other
public
services resulting from the location and operation of a
solid
waste facility within the county under the district's
approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health
within the district, if solid waste facilities contained
in the
district's approved plan or amended plan are located
within the
district, for paying the costs incurred by those
boards of health
for collecting and analyzing samples from public
or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the
inspection
of solid wastes generated outside the boundaries of
this state
that are disposed of at solid waste facilities
included in the
district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within the district for the enforcement of section 3734.03 of the
Revised Code or to local law enforcement agencies having
jurisdiction within the district for enforcing anti-littering
laws
and ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list
under section 3734.08 of the Revised Code to defray the
costs to
the health districts for the participation of their
employees
responsible for enforcement of the solid waste
provisions of this
chapter and rules adopted and orders and terms
and conditions of
permits, licenses, and variances issued under
those provisions in
the training and certification program as
required by rules
adopted under division (L) of section 3734.02
of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be
paid under section 3734.35 of the Revised Code and
of any administrative
costs incurred pursuant to that section. In
the case of a joint solid waste
management district, if the board
of county commissioners of one of the
counties in the district is
negotiating on behalf of affected communities, as
defined in that
section, in that county, the board shall obtain the approval
of
the board of directors of the district in order to expend moneys
for
administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees
shall
be
expended for those purposes in the manner prescribed by
the
solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section
as it existed
prior to October 29, 1993, or any provision in a district's
solid
waste
management plan
prepared in accordance with division
(B)(2)(e) of section 3734.53
of the Revised Code as it existed
prior to that date, any moneys
arising from the fees levied under
division (B)(3) of this
section prior to January 1, 1994, may be
expended for any of the
purposes authorized in divisions (G)(1) to
(10) of this
section.
(H) The director shall adopt
rules in accordance with
Chapter 119. of the Revised Code
prescribing procedures for
collecting and forwarding the fees
levied under divisions (B) and
(C) of this section to the boards
of county commissioners or
directors of county or joint solid
waste management districts and
to the treasurers or other
officers of municipal corporations and the fiscal officers of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section.
Sec. 3735.672. (A) On or before the thirty-first day of
March each year, a legislative authority that has entered into an
agreement with a party under section 3735.671 of the Revised Code
shall submit to the director of development and the board of
education of each school district of which a municipal
corporation or township to which such an agreement applies is a
part a report on all such agreements in effect during the
preceding calendar year. The report shall include the following
information:
(1) The designation, assigned by the director of
development, of each community reinvestment area within the
municipal corporation or county, and the total population of each
area according to the most recent data available;
(2) The number of agreements and the number of full-time
employees subject to those agreements within each area, each
according to the most recent data available and identified and
categorized by the appropriate standard industrial code, and the
rate of unemployment in the municipal corporation or county in
which the area is located for each year since the area was
certified;
(3) The number of agreements approved and executed during
the calendar year for which the report is submitted, the total
number of agreements in effect on the thirty-first day of
December of the preceding calendar year, the number of agreements
that expired during the calendar year for which the report is
submitted, and the number of agreements scheduled to expire
during the calendar year in which the report is submitted. For
each agreement that expired during the calendar year for which
the report is submitted, the legislative authority shall include
the amount of taxes exempted under the agreement.
(4) The number of agreements receiving compliance reviews
by the tax incentive review council in the municipal corporation
or county during the calendar year for which the report is
submitted, including all of the following information:
(a) The number of agreements the terms of which the party
has complied with, indicating separately for each such agreement
the value of the real property exempted pursuant to the agreement
and a comparison of the stipulated and actual schedules for
hiring new employees, for retaining existing employees, and for
the amount of payroll of the party attributable to these
employees;
(b) The number of agreements the terms of which a party
has failed to comply with, indicating separately for each such
agreement the value of the real and personal property exempted
pursuant to the agreement and a comparison of the stipulated and
actual schedules for hiring new employees, for retaining existing
employees, and for the amount of payroll of the enterprise
attributable to these employees;
(c) The number of agreements about which the tax incentive
review council made recommendations to the legislative authority,
and the number of such recommendations that have not been
followed;
(d) The number of agreements rescinded during the calendar
year for which the report is submitted.
(5) The number of parties subject to agreements that
expanded within each area, including the number of new employees
hired and existing employees retained by that party, and the
number of new parties subject to agreements that established
within each area, including the number of new employees hired by
each party;
(6) For each agreement in effect during any part of the
preceding year, the number of employees employed by the party at
the property that is the subject of the agreement immediately
prior to formal approval of the agreement, the number of
employees employed by the party at that property on the
thirty-first day of December of the preceding year, the payroll
of the party for the preceding year, the amount of taxes paid on
real property that was exempted under the agreement, and the
amount of such taxes that were not paid because of the exemption.
(B) Upon the failure of a municipal corporation or county
to comply with division (A) of this section:
(1) Beginning on the first day of April of the calendar
year in which the municipal corporation or county fails to comply
with that division, the municipal corporation or county shall not
enter into any agreements under section 3735.671 of the Revised
Code until the municipal corporation or county has complied with
division (A) of this section.
(2) On the first day of each ensuing calendar month until
the municipal corporation or county complies with that division,
the director of development shall either order the proper county
auditor to deduct from the next succeeding payment of taxes to
the municipal corporation or county under section 321.31, 321.32,
321.33, or 321.34 of the Revised Code an amount equal to five
hundred dollars for each calendar month the municipal corporation
or county fails to comply with that division, or order the county
auditor to deduct such an amount from the next succeeding payment
to the municipal corporation or county from the undivided local
government fund under section 5747.51 of the Revised Code. At
the time such a payment is made, the county auditor shall comply
with the director's order by issuing a warrant, drawn on the fund
from which such money would have been paid, to the director of
development, who shall deposit the warrant into the state
community reinvestment area program administration fund created
in division (C) of this section.
(C) The director, by rule, shall establish the state's
application fee for applications submitted to a municipal
corporation or county to enter into an agreement under section
3735.671 of the Revised Code. In establishing the amount of the
fee, the director shall consider the state's cost of
administering the community reinvestment area program, including
the cost of reviewing the reports required under division (A) of
this section. The director may change the amount of the fee at
such times and in such increments as he the director considers
necessary. Any municipal corporation or county that receives an application
shall collect the application fee and remit the fee for deposit
in the state treasury to the credit of the state community
reinvestment area program administration fund, which is hereby
created. Money credited to the fund shall be used by the
department of development to pay the costs of administering the
community reinvestment area program, including the cost of
reviewing the reports required under division (A) of this
section tax incentive programs operating fund created in section 122.174 of the Revised Code.
Sec. 3743.17. (A) The license of a wholesaler of
fireworks
is effective for one year beginning on the first day of
December.
The fire marshal shall issue
or renew a license only on that
date
and at no other time. If a wholesaler of fireworks wishes
to
continue engaging in the wholesale sale of fireworks at the
particular location after its then effective license expires, it
shall apply
not later than the first day of October for a new
license pursuant to section 3743.15 of the
Revised Code. The fire
marshal shall send a written notice of
the expiration of its
license to a licensed wholesaler at least
three months before
the
expiration date.
(B) If, during the effective period of its licensure, a
licensed wholesaler of fireworks wishes to perform any
construction, or make any structural change or renovation, on the
premises on which the fireworks are sold, the wholesaler shall
notify the fire marshal in writing. The fire marshal may require
a licensed wholesaler also to submit documentation, including,
but
not limited to, plans covering the proposed construction or
structural change or renovation, if the fire marshal determines
the documentation is necessary for evaluation purposes in light
of
the proposed construction or structural change or renovation.
Upon receipt of the notification and additional
documentation
required by the fire marshal, the fire marshal
shall inspect the
premises on which the fireworks are sold to
determine if the
proposed construction or structural change or
renovation conforms
to sections 3743.15 to 3743.21 of the Revised
Code and the rules
adopted by the fire marshal pursuant to
section 3743.18 of the
Revised Code. The fire marshal shall
issue a written
authorization to the wholesaler for the
construction or structural
change or renovation if
the fire
marshal determines, upon the
inspection and a review of submitted
documentation, that the
construction or structural change or renovation
conforms to those
sections and rules.
(C) The license of a wholesaler of fireworks authorizes
the
wholesaler to engage only in the following activities:
(1) Possess for sale at wholesale and sell at wholesale
fireworks to persons who are licensed wholesalers of fireworks,
to
out-of-state residents in accordance with section 3743.44 of
the
Revised Code, to residents of this state in accordance with
section 3743.45 of the Revised Code, or to persons located in
another state provided the fireworks are shipped directly out of
this state to them by the wholesaler. The possession for sale
shall be at the location described in the application for
licensure or in the notification submitted under division (B) of
this section, and the sale shall be from
the inside
of
a licensed
building and from no structure or device outside a
licensed
building. At no time shall a licensed wholesaler sell
any class
of fireworks
outside a licensed building.
(2) Possess for sale at retail and sell at retail
fireworks,
other than
1.4G fireworks
as designated by the fire
marshal in
rules adopted pursuant to division (A) of
section
3743.05 of the
Revised Code, to licensed exhibitors in accordance
with sections
3743.50 to 3743.55 of the Revised Code, and possess
for sale at
retail and sell at retail fireworks, including
1.4G fireworks, to
out-of-state residents in accordance
with
section 3743.44 of the
Revised Code, to residents of this
state
in accordance with
section 3743.45 of the Revised Code, or
to
persons located in
another state provided the fireworks are
shipped directly out of
this state to them by the wholesaler.
The
possession for sale
shall be at the location described in the
application for
licensure or in the notification submitted under
division (B) of
this section, and the sale shall be from
the inside of the
licensed building and from no other
structure or device outside
this licensed building. At no time
shall a
licensed wholesaler
sell any class of fireworks outside a
licensed building.
A licensed wholesaler of fireworks shall sell
under division
(C) of this section only fireworks that meet the standards set by
the consumer product safety commission or by the American
fireworks
standard laboratories or that have received an EX number
from the
United States department of transportation.
(D) The license of a wholesaler of fireworks shall be
protected under glass and posted in a conspicuous place at the
location described in the application for licensure or in the
notification submitted under division (B) of this section.
Except
as otherwise provided in this section, the license is not
transferable or assignable. A license may be transferred to
another person for the same location for which the license was
issued if the assets of the wholesaler are transferred to that
person by inheritance or by a sale approved by the fire marshal.
The license is subject to revocation in accordance with section
3743.21 of the Revised Code.
(E) The fire marshal shall adopt rules for the expansion or contraction of a licensed premises and for the approval of an expansion or contraction. The boundaries of a licensed premises, including any geographic expansion or contraction of those boundaries, shall be approved by the fire marshal in accordance with rules the fire marshal adopts. If the licensed premises of a licensed wholesaler from which the wholesaler operates consists of more than one parcel of real estate, those parcels must be contiguous, unless an exception is allowed pursuant to division (G) of this section.
(F)(1)
Upon application by a licensed wholesaler of fireworks, a
wholesaler
license may be transferred from one geographic location
to another within the
same municipal corporation or within the
unincorporated area of the same
township, but only if all of the
following apply:
(a) The identity of the holder of the license remains the
same in
the
new location.
(b) The former location is closed prior to the opening of
the
new
location and no fireworks business of any kind is
conducted at
the former
location after the transfer of the
license.
(c) The new location has received a local certificate of
zoning
compliance and a local certificate of occupancy, and
otherwise is in
compliance
with all local building regulations.
(d) The transfer of the license is requested by the licensee
because the
existing facility poses an immediate hazard to the
public.
(e) Every building or structure at the new location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, or any other buildings or structures located on the licensed premises in accordance with the distances specified in the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code.
If the licensee fails to
comply with the requirements of division
(F)(1)(e) of this section by the licensee's own
act, the license
at the new location is
forfeited.
(f)(e) Neither the licensee nor any person holding, owning, or
controlling
a five per cent or greater beneficial or equity
interest in the licensee has
been convicted of or has pleaded
guilty to a felony under the laws of this
state, any other state,
or the United
States after
June 30, 1997.
(g)(f) The fire marshal approves the request for the transfer.
(2) The new location shall
comply with the requirements specified
in
divisions (A)(1) and (2) of section 3743.25 of
the Revised
Code
whether or not the fireworks showroom at
the new location is
constructed, expanded, or first begins operating on and
after
June 30, 1997.
(G)(1) A licensed wholesaler may expand its licensed premises within this state to include not more than two storage locations that are located upon one or more real estate parcels that are noncontiguous to the licensed premises as that licensed premises exists on the date a licensee submits an application as described below, if all of the following apply:
(a) The licensee submits an application to the fire marshal requesting the expansion and an application fee of one hundred dollars per storage location for which the licensee is requesting approval.
(b) The identity of the holder of the license remains the same at the storage location.
(c) The storage location has received a valid certificate of zoning compliance, as applicable, and a valid certificate of occupancy for each building or structure at the storage location issued by the authority having jurisdiction to issue the certificate for the storage location, and those certificates permit the distribution and storage of fireworks regulated under this chapter at the storage location and in the buildings or structures. The storage location shall be in compliance with all other applicable federal, state, and local laws and regulations.
(d) Every building or structure located upon the storage location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, and any other buildings or structures on the licensed premises in accordance with the distances specified in the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code.
(e) Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the licensee has been convicted of or pleaded guilty to a felony under the laws of this state, any other state, or the United States, after the effective date of this amendment September 29, 2005.
(f) The fire marshal approves the application for expansion.
(2) The fire marshal shall approve an application for expansion requested under division (G)(1) of this section if the fire marshal receives the application fee and proof that the requirements of divisions (G)(1)(b) to (e) of this section are satisfied. The storage location shall be considered part of the original licensed premises and shall use the same distinct number assigned to the original licensed premises with any additional designations as the fire marshal deems necessary in accordance with section 3743.16 of the Revised Code.
(H)(1) A licensee who obtains approval for use of a storage location in accordance with division (G) of this section shall use the site exclusively for the following activities, in accordance with division (C)(1) of this section:
(a) Packaging, assembling, or storing fireworks, which shall occur only in buildings approved for such hazardous uses by the building code official having jurisdiction for the storage location and shall be in accordance with the rules adopted by the fire marshal under division (B)(4) of section 3743.18 of the Revised Code for the packaging, assembling, and storage of fireworks.
(b) Distributing fireworks to other parcels of real estate located on the wholesaler's licensed premises, to licensed manufacturers or other licensed wholesalers in this state or to similarly licensed persons located in another state or country;
(c) Distributing fireworks to a licensed exhibitor of fireworks pursuant to a properly issued permit in accordance with section 3743.54 of the Revised Code.
(2) A licensed wholesaler shall not engage in any sales activity, including the retail sale of fireworks otherwise permitted under division (C)(2) of this section or pursuant to section 3743.44 or 3743.45 of the Revised Code, at a storage location approved under this section.
(I) A licensee shall prohibit public access to all storage locations it uses. The fire marshal shall adopt rules establishing acceptable measures a wholesaler shall use to prohibit access to storage sites.
(J) The fire marshal shall not place the license of a
wholesaler
of fireworks in temporarily inactive status while the
holder of the license is
attempting to
qualify to retain the
license.
(K) Each licensed wholesaler of fireworks or a designee of
the
wholesaler, whose identity is provided to the fire marshal by
the wholesaler,
annually shall attend a continuing education
program consisting of not less
than eight hours of instruction.
The fire marshal shall develop the program
and the fire marshal or
a person or public agency approved by the fire marshal
shall
conduct it. A licensed wholesaler or the wholesaler's designee
who
attends a program as required under this division, within one
year after
attending the program, shall conduct
in-service
training for other employees of the licensed wholesaler regarding
the
information obtained in the program. A licensed wholesaler
shall provide the
fire
marshal with notice of the date, time, and
place of all in-service training
not
less than thirty days prior
to an in-service training
event.
(L) A licensed
wholesaler shall maintain comprehensive
general liability
insurance coverage in the amount and type
specified under
division (B)(2) of section
3743.15 of the Revised
Code at all times. Each policy
of insurance required under this
division shall contain a
provision requiring the insurer to give
not less than fifteen
days' prior written notice to the fire
marshal before
termination, lapse, or cancellation of the policy,
or any change
in the policy that reduces the coverage below the
minimum
required under this division. Prior to canceling or
reducing
the amount of coverage of any comprehensive general
liability
insurance coverage required under this division, a
licensed
wholesaler shall secure supplemental insurance in an
amount and
type that satisfies the requirements of this division
so that no
lapse in coverage occurs at any time. A licensed
wholesaler who
secures supplemental insurance shall file evidence
of the
supplemental insurance with the fire marshal prior to
canceling
or reducing the amount of coverage of any comprehensive
general
liability insurance coverage required under this
division.
Sec. 3743.19. In addition to conforming to the rules of
the
fire marshal adopted pursuant to section 3743.18 of the
Revised
Code, licensed wholesalers of fireworks shall conduct
their
business operations in accordance with the following:
(A) A wholesaler shall conduct its business operations
from
the location described in its application for licensure or
in a
notification submitted under division (B) of section 3743.17
of
the Revised Code.
(B) Signs indicating that smoking is generally forbidden
and
trespassing is prohibited on the premises of a wholesaler
shall be
posted on the premises as determined by the fire
marshal.
(C) Reasonable precautions shall be taken to protect the
premises of a wholesaler from trespass, loss, theft, or
destruction.
(D) Smoking or the carrying of
pipes, cigarettes,
or
cigars, matches, lighters, other flame-producing items, or
open
flame on,
or the carrying of a concealed source of ignition
into,
the premises of a wholesaler is prohibited, except that a
wholesaler may permit smoking in specified lunchrooms or
restrooms
in buildings or other structures in which no
sales,
handling, or
storage of fireworks takes place. "NO SMOKING"
signs shall be
posted on the premises as required by the fire marshal.
(E) Fire and explosion prevention and other reasonable
safety measures and precautions shall be implemented by a
wholesaler.
(F) Persons shall not be permitted to have in their
possession or under their control, while they are on the premises
of a wholesaler, any intoxicating liquor, beer, or controlled
substance, and they shall not be permitted to enter or remain on
the premises if they are found to be under the influence of any
intoxicating liquor, beer, or controlled substance.
(G) A wholesaler shall conform to all building, safety,
and
zoning statutes, ordinances, rules, or other enactments that
apply
to its premises.
(H) Each building used in the
sale of fireworks
shall be
kept open to the public for at least four hours each day
between
the hours of eight a.m. and five p.m., five days of each
week,
every week of the year. Upon application from a licensed
wholesaler, the fire marshal may waive any of the requirements of
this division.
(I)
Awnings, tents, or canopies shall not be used as
facilities
for the storage or sale of fireworks. This division
does not prohibit the use
of an awning or
canopy attached to a
public access showroom for storing
nonflammable shopping
convenience items such as shopping carts
or baskets or providing a
shaded area for patrons waiting to
enter the public sales area.
(J) Fireworks may be
stored in trailers if the trailers are
properly enclosed, secured, and
grounded and are
separated from
any structure to which the public is admitted
by a distance that
will, in the fire marshal's judgment, allow fire-fighting
equipment to have full access to the structures
on the licensed
premises. Such
trailers may be moved into closer proximity to any
structure only to
accept or discharge cargo for a period not to
exceed forty-eight hours. Only
two such trailers may be placed in
such closer proximity at any one time.
At no time may trailers be
used for conducting sales of any class of
fireworks nor may
members of the public have access to the trailers.
Storage areas for fireworks that are in the same building
where fireworks
are
displayed and sold to the public shall be
separated from the areas to which
the public has access by an
appropriately rated fire barrier wall.
(K) A fire suppression system as defined in section
3781.108
of the Revised Code
may be turned off only for repair,
drainage of
the system to prevent damage by
freezing during the
period of
time, approved by the fire marshal under
division (I) of
this
section, that the facility is closed to public
access during
winter months, or maintenance of the system. If any
repair or
maintenance is necessary during times when the facility is open
for
public access and business, the licensed
wholesaler shall
notify in advance the appropriate insurance company and fire
chief
or fire prevention officer regarding the nature of the maintenance
or
repair and the time when it will be performed.
(L) If any fireworks item is removed from its
original
package or is manufactured with any fuse other than a fuse
approved
by the consumer product safety commission, then the
item
shall be covered completely by repackaging or bagging or it shall
otherwise be covered so as to prevent ignition prior to sale.
(M) A safety officer
shall be present during regular
business
hours at a building
open to the public during the period
commencing fourteen days
before,
and ending two days after, each
fourth day of
July. The officer
shall be highly visible, enforce
this chapter and any applicable
building codes to the extent the
officer is authorized by law,
and be one of the following:
(2) A law enforcement officer of a municipal corporation,
township, or township or joint township police district;
(3) A private uniformed security guard registered under
section 4749.06 of the Revised
Code.
(N) All doors of all
buildings on the licensed premises
shall
swing outward.
(O) All wholesale and
commercial sales of fireworks shall
be
packaged, shipped,
placarded, and transported in accordance
with
United
States department of
transportation regulations
applicable
to the transportation, and
the offering for
transportation, of
hazardous materials. For
purposes of this
division, "wholesale
and commercial sales"
includes all sales for
resale and any
nonretail sale made in
furtherance of a commercial
enterprise.
For
purposes of
enforcement of these regulations under
section
4905.83
of the
Revised
Code, any sales transaction
exceeding one
thousand
pounds shall be rebuttably presumed to be
a
wholesale or
commercial sale.
Sec. 3743.25. (A) A licensed manufacturer, wholesaler, or
exhibitor shall bring fireworks showroom
structures, to which the
public
may have any access and in which employees are required to
work, on all
licensed
premises, into compliance with the following
safety requirements:
(1) A Except as otherwise provided in division (A)(1) of this section, a fireworks showroom that is constructed or upon which
expansion is
undertaken on and
after
the effective date of
this
section
June 30, 1997, shall be equipped with interlinked fire detection, fire
suppression,
smoke exhaust, and smoke evacuation systems that are
approved by the
superintendent of the division of
industrial
compliance in the department of commerce. Division (A)(1) of this section does not apply if a licensee conducts sales only on the basis of defused representative samples in closed and covered displays within a fireworks showroom.
(2) A fireworks showroom that first begins to operate on or
after
the
effective
date of this section
June 30, 1997, and to which the public
has access for retail
purposes shall not exceed five thousand
square feet in floor area.
(3) A fireworks
showroom structure that
exists on
the
effective date of this section
June 30, 1997,
but that, on or after
the effective
date of this section
June 30, 1997,
is altered or added to in a manner requiring
the submission of
plans, drawings, specifications, or data
pursuant to section
3791.04 of the Revised
Code, shall comply with
a graphic floor plan layout that is approved by the fire marshal
and
superintendent of the division of industrial compliance
showing width of
aisles, parallel arrangement of aisles to exits,
number of exits per wall,
maximum occupancy load, evacuation plan
for occupants, height of storage or
display of merchandise, and
other information as may be required by the
fire marshal and
superintendent.
(4)(a) Except as provided in division
(A)(4)(b) of this
section, a fireworks showroom structure
that exists on
the
effective date of this section
June 30, 1997, shall be retrofitted on or
before
June 1, 1998, with interlinked fire detection, smoke exhaust,
and
smoke evacuation systems that
are approved by the superintendent
of the division of industrial compliance.
(b) If meeting the retrofitting requirements set forth in
division
(A)(4)(a) of this section would constitute an extreme
financial
hardship that would force a licensee to terminate
business operations or if a licensee voluntarily so elects,
the licensee shall conduct sales only on the
basis of
de-fused defused representative samples in closed and covered
displays within the
fireworks showroom, in which case division (A)(1) of this section does not apply.
(5) A fireworks showroom structure that exists on
the
effective date of this section
June 30, 1997, shall be in compliance on or
before
June 1, 1998, with floor
plans showing occupancy load limits and
internal circulation and
egress patterns that are approved by the
fire marshal and
superintendent of industrial compliance, and that
are submitted
under seal as required by section 3791.04 of the
Revised
Code.
(B) The safety requirements established in
division (A) of
this section are not subject to any variance, waiver,
or exclusion
pursuant to this chapter or any applicable building code.
Sec. 3743.75. (A) During the period beginning on
June 29, 2001, and ending on December 15, 2008 2011,
the state fire marshal shall not do any of the following:
(1) Issue a license as a manufacturer of fireworks under
sections 3743.02 and 3743.03 of the Revised Code to a person for a
particular fireworks plant unless that person possessed such a
license for that fireworks plant immediately prior to
June 29, 2001;
(2) Issue a license as a wholesaler of fireworks under
sections 3743.15 and 3743.16 of the Revised Code to a person for a
particular location unless that person possessed such a license
for that location immediately prior to
June 29, 2001;
(3) Except as provided in division (B) of this section,
approve the geographic transfer of a license as a manufacturer or wholesaler
of fireworks issued under this chapter to any location other than
a location for which a license was issued under this chapter
immediately prior to
June 29,
2001.
(B) Division (A)(3) of this section does not apply to a
transfer that the state fire marshal approves under division
(F) of section 3743.17 of the Revised Code.
(C) Notwithstanding section 3743.59 of
the Revised Code, the prohibited activities established in divisions (A)(1) and (2) of this section, geographic transfers approved pursuant to division (F) of section 3743.17 of the Revised Code, and storage locations allowed pursuant to division (I) of section 3743.04 of the Revised Code or division (G) of section 3743.17 of the Revised Code are not subject to any variance, waiver, or exclusion.
(D) As used in division (A) of this section:
(1) "Person" includes any person or entity, in whatever form or name, that acquires possession of a manufacturer or wholesaler of fireworks license issued pursuant to this chapter by transfer of possession of a license, whether that transfer occurs by purchase, assignment, inheritance, bequest, stock transfer, or any other type of transfer, on the condition that the transfer is in accordance with division (D) of section 3743.04 of the Revised Code or division (D) of section 3743.17 of the Revised Code and is approved by the fire marshal.
(2) "Particular location" includes a licensed premises and, regardless of when approved, any storage location approved in accordance with section 3743.04 or 3743.17 of the Revised Code.
(3) "Such a license" includes a wholesaler of fireworks license that was issued in place of a manufacturer of fireworks license that existed prior to June 29, 2001, and was requested to be canceled by the license holder pursuant to division (D) of section 3743.03 of the Revised Code.
Sec. 3745.04. (A) As used in this section, "any person" means
any individual, any partnership, corporation, association, or
other legal entity, or any political subdivision,
instrumentality,
or agency of a state, whether or not the
individual or legal
entity is an applicant for or holder of a
license, permit, or
variance from the environmental protection
agency, and includes
any department, agency, or instrumentality
of the federal
government that is an applicant for or holder of a
license,
permit, or variance from the environmental protection
agency.
As used in this section, "action" or "act" includes the
adoption, modification, or repeal of a rule or standard, the
issuance, modification, or revocation of any lawful order other
than an emergency order, and the issuance, denial, modification,
or revocation of a license, permit, lease, variance, or
certificate, or the approval or disapproval of plans and
specifications pursuant to law or rules adopted thereunder.
(B) Any person who was a party to a proceeding before the
director
of environmental protection may participate in an appeal
to the environmental review appeals
commission for an order
vacating or modifying the
action of the
director
or
a local board
of health, or
ordering the director or
board of health to perform
an act. The
environmental review
appeals commission has exclusive
original jurisdiction over any
matter that may, under this
section, be brought before
it. However, the director has and retains jurisdiction to modify, amend, revise, renew, or revoke, a permit, rule, order, or other action that is already the subject of an appeal to the commission, provided that if a party to that appeal does not concur with the director's modification, amendment, revision, renewal, or revocation, the party shall be deemed to have appealed the modification, amendment, revision, renewal, or revocation upon providing notification to the commission of the party's objection. Notwithstanding any other provision in this section, such a party does not need to do either of the following:
(1) File a new notice of appeal of the modification, amendment, revision, renewal, or revocation;
(2) Pay any additional filing fee to the commission.
The A person so appealing to the commission shall be known
as
appellant, and the director and any party to a proceeding
substantially supporting the finding from which the appeal is
taken shall be known as appellee, except that when an appeal
involves a license to operate a disposal site or facility, the
local board of health or the director of environmental
protection,
and any party to a proceeding substantially
supporting the finding
from which the appeal is taken, shall, as
appropriate, be known as
the appellee. Appellant and appellee
shall be deemed to be
parties to the appeal.
(C) The director may appeal an action of a local board of health conducted under Chapter 3714. or 3734. of the Revised Code to the environmental review appeals commission for an order vacating or modifying the action of the board or may appeal to the commission for an order requiring the local board of health to perform an act.
(D) An appeal shall be in writing and shall set forth the
action
complained of and the grounds upon which the appeal is
based.
The appeal shall be filed with the commission within
thirty
days after notice of the action. Notice of the filing of the
appeal
shall be filed with the appellee within three days after
the
appeal is filed with the commission.
The appeal shall be accompanied by a filing fee of
seventy
dollars, which the commission, in its discretion, may
reduce if by affidavit the appellant demonstrates that payment of the full amount of the fee would cause extreme hardship.
Within seven days after receipt of the notice of an appeal filed under division (B) of this section, the
director or local board of health, as applicable, shall prepare and certify to
the
commission a record of the proceedings out of which
the appeal
arises, including all documents and correspondence, and a
transcript of all testimony.
Upon the filing of an appeal, the commission shall fix
the
time
and place at which the hearing on the appeal will be held.
The
commission shall give
the appellant and the appellee at least
ten days'
written notice thereof by certified mail. The
commission
shall hold the hearing within thirty days after the
notice of appeal is
filed. The commission may postpone or
continue any
hearing upon its
own motion or upon application of
the appellant or of the appellee.
The filing of an appeal does not automatically suspend or
stay execution of the action appealed from. Upon application by
the appellant, the commission may suspend or stay
the
execution
pending immediate determination of the appeal without
interruption
by continuances, other than for unavoidable
circumstances.
(E) As used in this section and sections 3745.05 and 3745.06 of
the Revised Code, "director of
environmental protection" and
"director" are deemed to include the director of
agriculture and
"environmental protection agency" is deemed to include the
department of agriculture with respect to actions that are
appealable to the
commission under Chapter 903. of the Revised
Code.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee
to the environmental protection agency for each such issuance
and
each application for an issuance as provided by this section.
No
fee shall be charged for any issuance for which no application
has
been submitted to the director.
(B) Each person who is issued a permit to install prior to July 1, 2003, pursuant to rules adopted under division (F) of section 3704.03
of
the Revised Code shall pay the fees specified in the following
schedules:
(1) Fuel-burning equipment (boilers)
Input capacity (maximum) |
|
|
(million British thermal units per hour) |
|
Permit to install |
Greater than 0, but less than 10 |
|
$ 200 |
10 or more, but less than 100 |
|
400 |
100 or more, but less than 300 |
|
800 |
300 or more, but less than 500 |
|
1500 |
500 or more, but less than 1000 |
|
2500 |
1000 or more, but less than 5000 |
|
4000 |
5000 or more |
|
6000 |
Units burning exclusively natural gas, number two fuel oil, or both shall be assessed a fee that is one-half of the applicable amount established in division (F)(1) of this section.
Input capacity (pounds per hour) |
|
Permit to install |
0 to 100 |
|
$ 100 |
101 to 500 |
|
400 |
501 to 2000 |
|
750 |
2001 to 20,000 |
|
1000 |
more than 20,000 |
|
2500 |
Process weight rate (pounds per hour) |
|
Permit to install |
0 to 1000 |
|
$ 200 |
1001 to 5000 |
|
400 |
5001 to 10,000 |
|
600 |
10,001 to 50,000 |
|
800 |
more than 50,000 |
|
1000 |
In any process where process weight rate cannot be
ascertained, the minimum
fee shall be assessed.
(b) Notwithstanding division (B)(3)(a) of this section, any person issued a permit to install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code shall pay the fees established in division (B)(3)(c) of this section for a process used in any of the following industries, as identified by the applicable four-digit standard industrial classification code according to the Standard Industrial Classification Manual published by the United States office of management and budget in the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees established in the following schedule apply to the issuance of a permit to install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code for a process listed in division (B)(3)(b) of this section:
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
10,001 to 50,000 |
300 |
50,001 to 100,000 |
400 |
100,001 to 200,000 |
500 |
200,001 to 400,000 |
600 |
400,001 or more |
700 |
Gallons (maximum useful capacity) |
|
Permit to install |
0 to 20,000 |
|
$ 100 |
20,001 to 40,000 |
|
150 |
40,001 to 100,000 |
|
200 |
100,001 to 250,000 |
|
250 |
250,001 to 500,000 |
|
350 |
500,001 to 1,000,000 |
|
500 |
1,000,001 or greater |
|
750 |
(5) Gasoline/fuel dispensing facilities
For each gasoline/fuel dispensing |
|
Permit to install |
facility |
|
$ 100 |
(6) Dry cleaning facilities
For each dry cleaning facility |
|
Permit to install |
(includes all units at the facility) |
|
$ 100 |
For each source covered |
|
Permit to install |
by registration status |
|
$ 75 |
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or
performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of
each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of
each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions of each such regulated pollutant in calendar year 1995,
and each subsequent calendar year, to be collected no sooner than
the fifteenth day of April of the year next succeeding the
calendar year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not
apply to that portion of the emissions of a regulated
pollutant at
a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section
are for the purpose of providing funding for the Title V
permit
program.
(3) The fees assessed under division (C)(1) of this
section
do not apply to emissions from any electric generating
unit
designated as a Phase I unit under Title IV of the federal
Clean
Air Act prior to calendar year 2000. Those fees shall be
assessed
on the emissions from such a generating unit commencing
in
calendar year 2001 based upon the total actual emissions from
the
generating unit during calendar year 2000
and shall continue to be
assessed each subsequent calendar year based on the total actual
emissions from the generating unit during the preceding calendar
year.
(4) The director shall issue invoices to owners or
operators
of air contaminant sources who are required to pay a
fee assessed
under division (C) or (D) of this section. Any such
invoice shall
be issued no sooner than the applicable date when
the fee first
may be collected in a year under the applicable
division, shall
identify the nature and amount of the fee
assessed, and shall
indicate that the fee is required to be paid
within thirty days
after the issuance of the invoice.
(D)(1) Except as provided in division
(D)(3) of this
section, from January 1, 1994, through December 31, 2003, each person
who owns or
operates an air contaminant source; who is required to apply for
a
permit to operate pursuant to rules adopted under division (G),
or
a variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall
pay a single fee based upon the sum of the actual annual
emissions
from the facility of the regulated pollutants
particulate matter,
sulfur dioxide, nitrogen oxides,
organic compounds, and lead in
accordance with the following
schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 50 |
|
$ 75 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(2) Except as provided in division (D)(3) of this section, beginning January 1, 2004, each person who owns or operates an air contaminant source; who is required to apply for a permit to operate pursuant to rules adopted under division (G), or a variance pursuant to division (H), of section 3704.03 of the Revised Code; and who is not required to apply for and obtain a Title V permit under section 3704.03 of the Revised Code shall pay a single fee based upon the sum of the actual annual emissions from the facility of the regulated pollutants particulate matter, sulfur dioxide, nitrogen oxides, organic compounds, and lead in accordance with the following schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 10 |
|
$ 100 |
|
|
10 or more, but less than 50 |
|
200 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(3)(a) As used in division (D) of this section,
"synthetic
minor facility" means a facility for which one or
more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and
conditions that lower the facility's potential to emit air
contaminants below the major source thresholds established in
rules adopted under section 3704.036 of the Revised Code.
(b) Beginning January 1, 2000, through June 30,
2008 2010,
each
person who owns or operates a
synthetic minor facility shall
pay
an annual fee based on the sum
of the actual annual emissions
from
the facility of particulate
matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and
lead in accordance with the
following schedule:
|
Combined total tons |
|
|
|
per year of all regulated |
|
Annual fee |
|
pollutants emitted |
|
per facility |
|
Less than 10 |
|
$ 170 |
|
10 or more, but less than 20 |
|
340 |
|
20 or more, but less than 30 |
|
670 |
|
30 or more, but less than 40 |
|
1,010 |
|
40 or more, but less than 50 |
|
1,340 |
|
50 or more, but less than 60 |
|
1,680 |
|
60 or more, but less than 70 |
|
2,010 |
|
70 or more, but less than 80 |
|
2,350 |
|
80 or more, but less than 90 |
|
2,680 |
|
90 or more, but less than 100 |
|
3,020 |
|
100 or more |
|
3,350 |
(4) The fees assessed under division (D)(1)
of this section
shall be collected
annually no sooner than the fifteenth day of
April, commencing in 1995.
The fees assessed under division (D)(2) of this section shall be collected annually no sooner than the fifteenth day of April, commencing in 2005. The fees assessed under division
(D)(3) of this section shall be
collected no sooner than the
fifteenth day of April, commencing
in 2000. The fees assessed
under
division (D) of
this section in a calendar year
shall be
based upon the sum of the
actual emissions of those
regulated
pollutants during the
preceding calendar year. For the purpose of
division (D) of this
section, emissions of air
contaminants may be
calculated using
engineering calculations, emission factors,
material balance
calculations, or performance testing procedures,
as authorized by
the director. The director, by rule, may
require
persons who are
required to pay the fees assessed under
division
(D) of this
section to pay those fees
biennially rather than
annually.
(E)(1) Consistent with the need to cover the reasonable
costs of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by
the percentage, if any, by which the consumer price index for
the
most recent calendar year ending before the beginning of a
year
exceeds the consumer price index for calendar year 1989.
Upon
calculating an increase in fees authorized by division (E)(1) of
this
section, the director shall compile revised fee schedules for
the purposes
of division (C)(1) of this section and shall make the
revised schedules
available to persons required to pay the fees
assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of
the consumer price index for all urban consumers published by
the
United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year.
(b) If the 1989 consumer price index is revised, the
director shall use the revision of the consumer price index that
is most consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to rules adopted under division (F) of section 3704.03 of the
Revised Code on or after July 1, 2003, shall pay the fees
specified in the following schedules:
(1) Fuel-burning equipment (boilers, furnaces, or process heaters used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer)
Input capacity (maximum) |
|
(million British thermal units per hour) |
Permit to install |
Greater than 0, but less than 10 |
$ 200 |
10 or more, but less than 100 |
400 |
100 or more, but less than 300 |
1000 |
300 or more, but less than 500 |
2250 |
500 or more, but less than 1000 |
3750 |
1000 or more, but less than 5000 |
6000 |
5000 or more |
9000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2) Combustion turbines and stationary internal combustion engines designed to generate electricity
Generating capacity (mega watts) |
Permit to install |
0 or more, but less than 10 |
$ 25 |
10 or more, but less than 25 |
150 |
25 or more, but less than 50 |
300 |
50 or more, but less than 100 |
500 |
100 or more, but less than 250 |
1000 |
250 or more |
2000 |
Input capacity (pounds per hour) |
Permit to install |
0 to 100 |
$ 100 |
101 to 500 |
500 |
501 to 2000 |
1000 |
2001 to 20,000 |
1500 |
more than 20,000 |
3750 |
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
1001 to 5000 |
500 |
5001 to 10,000 |
750 |
10,001 to 50,000 |
1000 |
more than 50,000 |
1250 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed. A boiler, furnace, combustion turbine, stationary internal combustion engine, or process heater designed to provide direct heat or power to a process not designed to generate electricity shall be assessed a fee established in division (F)(4)(a) of this section. A combustion turbine or stationary internal combustion engine designed to generate electricity shall be assessed a fee established in division (F)(2) of this section.
(b) Notwithstanding division (F)(4)(a) of this section,
any
person issued a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code shall
pay the
fees set forth in division (F)(4)(c) of this section for
a process
used in any of the following industries, as identified
by the
applicable two-digit, three-digit, or four-digit standard industrial classification
code
according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1987, as revised:
Major group 10, metal mining;
Major group 12, coal mining;
Major group 14, mining and quarrying of nonmetallic minerals;
Industry group 204, grain mill products;
2873 Nitrogen fertilizers;
2874 Phosphatic fertilizers;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated;
4221 Grain elevators (storage only);
5159 Farm related raw materials;
5261 Retail nurseries and lawn and garden supply stores.
(c) The fees set forth in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process identified in division (F)(4)(b) of this section:
|
Process weight rate (pounds per hour) |
|
Permit to install |
|
|
0 to 10,000 |
|
$ 200 |
|
|
10,001 to 50,000 |
|
400 |
|
|
50,001 to 100,000 |
|
500 |
|
|
100,001 to 200,000 |
|
600 |
|
|
200,001 to 400,000 |
|
750 |
|
|
400,001 or more |
|
900 |
|
|
Gallons (maximum useful capacity) |
|
Permit to install |
|
|
0 to 20,000 |
|
$ 100 |
|
|
20,001 to 40,000 |
|
150 |
|
|
40,001 to 100,000 |
|
250 |
|
|
100,001 to 500,000 |
|
400 |
|
|
500,001 or greater |
|
750 |
|
(6) Gasoline/fuel dispensing facilities
For each gasoline/fuel
|
|
|
|
dispensing facility (includes all |
|
Permit to install |
|
units at the facility) |
|
$ 100 |
|
(7) Dry cleaning facilities
For each dry cleaning
|
|
|
|
facility (includes all units |
|
Permit to install |
|
at the facility) |
|
$ 100 |
|
For each source covered |
|
Permit to install |
|
by registration status |
|
$ 75 |
|
(G) An owner or operator who is responsible for an
asbestos
demolition or renovation project pursuant to rules
adopted under
section 3704.03 of the Revised Code shall pay the
fees set forth
in the following schedule:
|
Action |
|
Fee |
|
|
Each notification |
|
$75 |
|
|
Asbestos removal |
|
$3/unit |
|
|
Asbestos cleanup |
|
$4/cubic yard |
|
For purposes of this division,
"unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit
to install an air contaminant source pursuant to rules
adopted
under division (F) of section 3704.03 of the Revised Code
shall
pay a fee equal to one-half the fee originally assessed for
the
permit to install under this section, except that the fee for
such
an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised
Code after the date actual construction of the source
began shall
pay a fee for the permit to install that is equal to
twice the fee
that otherwise would be assessed under the
applicable division
unless the applicant received authorization
to begin construction
under division (W) of section 3704.03 of
the Revised Code. This
division only applies to sources for
which actual construction of
the source begins on or after July
1, 1993. The imposition or
payment of the fee established in
this division does not preclude
the director from taking any
administrative or judicial
enforcement action under this chapter,
Chapter 3704., 3714.,
3734., or 6111. of the Revised Code, or a
rule adopted under any
of them, in connection with a violation of
rules adopted under
division (F) of section 3704.03 of the
Revised Code.
As used in this division,
"actual construction of the
source"
means the initiation of physical on-site construction
activities
in connection with improvements to the source that are
permanent
in nature, including, without limitation, the
installation of
building supports and foundations and the laying
of underground
pipework.
(K) Fifty cents per ton of each fee assessed under
division
(C) of this section on actual emissions from a source
and received
by the environmental protection agency pursuant to
that division
shall be deposited into the state treasury to the
credit of the
small business assistance fund created in section
3706.19 of the
Revised Code. The remainder of the moneys
received by the
division pursuant to that division and moneys
received by the
agency pursuant to divisions (D), (F), (G), (H),
(I), and (J) of
this section shall be deposited in the state
treasury to the
credit of the clean air fund created in section
3704.035 of the
Revised Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b)
or (c) of this section, a person issued a water
discharge permit
or renewal of a water discharge permit pursuant
to Chapter 6111.
of the Revised Code shall pay a fee based on
each point source to
which the issuance is applicable in
accordance with the following
schedule:
|
Design flow discharge (gallons per day) |
|
Fee |
|
|
0 to 1000 |
|
$ 0 |
|
|
1,001 to 5000 |
|
100 |
|
|
5,001 to 50,000 |
|
200 |
|
|
50,001 to 100,000 |
|
300 |
|
|
100,001 to 300,000 |
|
525 |
|
|
over 300,000 |
|
750 |
|
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred
fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project
cost through June 30,
2008 2010, and one hundred
dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1,
2008 2010, except that the total fee shall not
exceed
fifteen thousand dollars through June 30,
2008 2010,
and
five
thousand
dollars on and after July 1,
2008 2010. The fee
shall be paid at the
time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee
for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount
necessary to pay
administrative costs directly attributable to
processing plan approvals. The
director annually shall calculate
the fee and shall
notify all persons who have entered into
agreements under that
section, or who have applied for agreements,
of the amount of
the fee.
(5)(a)(i) Not later than January 30,
2006 2008, and
January
30,
2007 2009, a person holding an NPDES
discharge permit issued
pursuant
to Chapter 6111. of the Revised Code with an
average
daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(5)(a)(i)
of this section shall consist
of a
twelve-month period beginning on the first day of
January of
the year preceding
the date when the annual discharge fee is due.
In the case of
an existing source that permanently ceases to
discharge during a
billing year, the director shall reduce the
annual discharge
fee, including the surcharge applicable to
certain industrial
facilities pursuant to division (L)(5)(c) of
this
section, by one-twelfth for each full month during
the
billing year that the source was not discharging, but only
if the
person holding the NPDES discharge permit for the source
notifies
the director in writing, not later than the first day of
October
of the billing year, of
the circumstances causing the cessation of
discharge.
(iii) The annual discharge fee established in
division
(L)(5)(a)(i) of this
section, except for the surcharge applicable
to certain
industrial facilities pursuant to division
(L)(5)(c) of
this section, shall be based upon the
average daily discharge flow
in gallons per day calculated using first day of
May through
thirty-first day of
October flow data for the period two years
prior to the date on
which the fee is due. In the case of NPDES
discharge
permits for new sources, the fee shall
be calculated
using the average daily design flow of the
facility until actual
average daily discharge flow values are available for
the time
period specified in division
(L)(5)(a)(iii) of this section. The
annual
discharge fee may be prorated for a new source as described
in division
(L)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger
shall
pay the fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2006 2008, and
|
|
|
|
|
January 30, 2007 2009 |
5,000 to 49,999 |
|
|
$ 200 |
|
50,000 to 100,000 |
|
|
500 |
|
100,001 to 250,000 |
|
|
1,050 |
|
250,001 to 1,000,000 |
|
|
2,600 |
|
1,000,001 to 5,000,000 |
|
|
5,200 |
|
5,000,001 to 10,000,000 |
|
|
10,350 |
|
10,000,001 to 20,000,000 |
|
|
15,550 |
|
20,000,001 to 50,000,000 |
|
|
25,900 |
|
50,000,001 to 100,000,000 |
|
|
41,400 |
|
100,000,001 or more |
|
|
62,100 |
|
Public dischargers owning or operating two or more publicly
owned
treatment works serving the same political subdivision, as
"treatment
works" is defined in section 6111.01 of the Revised
Code, and that
serve
exclusively political subdivisions having a
population of fewer than one
hundred thousand shall pay an annual
discharge fee
under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the
treatment works.
(c) An NPDES permit
holder that is an industrial
discharger,
other than a coal mining operator identified by
P in
the third
character of the permittee's NPDES permit
number, shall
pay the
fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2006 2008, and
|
|
|
|
|
January 30, 2007 2009 |
5,000 to 49,999 |
|
|
$ 250 |
|
50,000 to 250,000 |
|
|
1,200 |
|
250,001 to 1,000,000 |
|
|
2,950 |
|
1,000,001 to 5,000,000 |
|
|
5,850 |
|
5,000,001 to 10,000,000 |
|
|
8,800 |
|
10,000,001 to 20,000,000 |
|
|
11,700 |
|
20,000,001 to 100,000,000 |
|
|
14,050 |
|
100,000,001 to 250,000,000 |
|
|
16,400 |
|
250,000,001 or more |
|
|
18,700 |
|
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial
discharger classified as
a
major discharger during all or part of the annual discharge fee
billing
year specified in division (L)(5)(a)(ii) of
this section
shall pay a nonrefundable annual surcharge of
seven thousand five
hundred
dollars not later than
January 30,
2006 2008, and not later
than
January 30, 2007 2009. Any person who fails to pay the
surcharge
at
that time shall pay an
additional amount that equals ten per
cent
of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial
discharger identified by I, J, L, V, W, X, Y, or Z in
the third
character of the permittee's NPDES permit
number shall pay a
nonrefundable annual discharge fee of one hundred eighty
dollars
not later than
January 30,
2006 2008, and not later than January
30,
2007 2009. Any person who fails to pay the fee at that
time
shall pay
an additional amount that equals ten per cent of
the
required fee.
(6)
Each person obtaining a national pollutant discharge
elimination system general or individual permit for municipal
storm water discharge shall pay a nonrefundable storm water
discharge fee of one hundred dollars per square mile of area
permitted. The fee shall not exceed ten thousand dollars and
shall be payable on or before January 30, 2004, and the thirtieth
day of January of each year thereafter. Any person who fails to
pay the fee on the date specified in division (L)(6) of this
section shall pay an additional amount per year equal to ten per
cent of the annual fee that is unpaid.
(7) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit
into the state treasury to the credit of the surface
water
protection fund created in section 6111.038 of the Revised
Code.
(8) As used in division (L) of this section:
(a)
"NPDES" means the federally approved national
pollutant
discharge elimination system program for issuing,
modifying,
revoking, reissuing, terminating, monitoring, and
enforcing
permits and imposing and enforcing pretreatment
requirements under
Chapter 6111. of the Revised Code and rules
adopted under it.
(b)
"Public discharger" means any holder of an NPDES
permit
identified by P in the second character of the NPDES
permit number
assigned by the director.
(c)
"Industrial discharger" means any holder of an
NPDES
permit identified by I in the second character of the
NPDES
permit
number assigned by the director.
(d)
"Major discharger" means any holder of an NPDES
permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30,
2008 2010, a person applying for a
license
or license renewal to operate a public water system under
section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Except as provided in division (M)(4) of this section, fees required under this division shall be calculated and
paid in accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of section 6109.21 of the Revised Code for any public water
system
that is a community water system as defined in section
6109.01 of
the Revised Code, and for each license renewal
required for such a
system prior to January 31,
2008 2010, the
fee is:
Number of service connections |
Fee amount |
|
|
Not more than 49 |
$ 112 |
|
|
50 to 99 |
176 |
|
Number of service connections |
|
Average cost per connection |
|
|
100 to 2,499 |
|
$ 1.92 |
|
|
2,500 to 4,999 |
|
1.48 |
|
|
5,000 to 7,499 |
|
1.42 |
|
|
7,500 to 9,999 |
|
1.34 |
|
|
10,000 to 14,999 |
|
1.16 |
|
|
15,000 to 24,999 |
|
1.10 |
|
|
25,000 to 49,999 |
|
1.04 |
|
|
50,000 to 99,999 |
|
.92 |
|
|
100,000 to 149,999 |
|
.86 |
|
|
150,000 to 199,999 |
|
.80 |
|
|
200,000 or more |
|
.76 |
|
A public water system may determine how it will pay the
total
amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may
be assessed on a volumetric basis.
As used in division (M)(1) of this section,
"service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
nontransient
population, and for each license renewal required
for such a
system prior to January 31,
2008 2010, the fee is:
|
Population served |
|
Fee amount |
|
|
Fewer than 150 |
|
$ 112 |
|
|
150 to 299 |
|
176 |
|
|
300 to 749 |
|
384 |
|
|
750 to 1,499 |
|
628 |
|
|
1,500 to 2,999 |
|
1,268 |
|
|
3,000 to 7,499 |
|
2,816 |
|
|
7,500 to 14,999 |
|
5,510 |
|
|
15,000 to 22,499 |
|
9,048 |
|
|
22,500 to 29,999 |
|
12,430 |
|
|
30,000 or more |
|
16,820 |
|
As used in division (M)(2) of this section,
"population
served" means the total number of individuals receiving water
from
the water supply during a twenty-four-hour period for at
least
sixty days during any calendar year. In the absence of a
specific
population count, that number shall be calculated at the
rate of
three individuals per service connection.
(3) For the initial license required under division (A)(3)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
transient
population, and for each license renewal required for such a
system prior to January 31,
2008 2010, the fee is:
Number of wells supplying system |
|
Fee amount |
|
|
1 |
|
$112 |
|
|
2 |
|
112 |
|
|
3 |
|
176 |
|
|
4 |
|
278 |
|
|
5 |
|
568 |
|
|
System designated as using a |
|
|
|
|
surface water source |
|
792 |
|
As used in division (M)(3) of this section,
"number of
wells
supplying system" means those wells that are physically
connected
to the plumbing system serving the public water system.
(4) A public water system designated as using a surface water source shall pay a fee of seven hundred ninety-two dollars or the amount calculated under division (M)(1) or (2) of this section, whichever is greater.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred fifty dollars plus thirty-five hundredths of one per
cent of the estimated project cost, except that the total fee
shall not exceed twenty thousand dollars through June 30,
2008 2010,
and fifteen thousand dollars on and after July 1,
2008 2010.
The fee
shall be paid at the time the application is submitted.
(2) A person who has entered into an agreement with the
director under
division (A)(2) of section 6109.07 of the Revised
Code shall pay an
administrative service fee for each plan
submitted under that section for
approval that shall not exceed
the minimum amount necessary to pay
administrative costs directly
attributable to processing plan approvals. The
director annually
shall calculate the fee and shall notify all persons that
have
entered into agreements under that division, or who have applied
for
agreements, of the amount of the fee.
(3) Through June 30,
2008 2010, the following fee, on a per
survey
basis, shall be charged any person for services rendered by
the
state in the evaluation of laboratories and laboratory
personnel
for compliance with accepted analytical techniques and
procedures
established pursuant to Chapter 6109. of the Revised
Code for
determining the qualitative characteristics of water:
|
microbiological |
|
|
|
|
|
MMO-MUG |
|
$2,000 |
|
|
|
MF |
|
2,100 |
|
|
|
MMO-MUG and MF |
|
2,550 |
|
|
organic chemical |
|
5,400 |
|
|
trace metals |
|
5,400 |
|
|
standard chemistry |
|
2,800 |
|
|
limited chemistry |
|
1,550 |
|
On and after July 1,
2008 2010, the following fee, on a per
survey basis, shall be charged any such person:
|
microbiological |
|
$ 1,650 |
|
|
organic chemicals |
|
3,500 |
|
|
trace metals |
|
3,500 |
|
|
standard chemistry |
|
1,800 |
|
|
limited chemistry |
|
1,000 |
|
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30,
2008 2010, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period unless the person requests the addition of analytical methods or analysts, in which case the person shall pay eighteen hundred dollars for each additional survey requested.
As used in division (N)(3) of this section:
(a) "MF" means microfiltration.
(b) "MMO" means minimal medium ONPG.
(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.
(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination for certification as an operator of a water supply system or wastewater system under Chapter 6109. or 6111. of the Revised Code, at the time the application is submitted, shall pay an application fee of forty-five dollars through November 30, 2008 2010, and twenty-five dollars on and after December 1, 2008 2010. Upon approval from the director that the applicant is eligible to take the examination therefor, the applicant shall pay a fee in accordance with the following schedule through November 30, 2008 2010:
|
Class A operator |
|
$35 |
|
|
Class I operator |
|
60 |
|
|
Class II operator |
|
75 |
|
|
Class III operator |
|
85 |
|
|
Class IV operator |
|
100 |
|
On and after December 1,
2008 2010, the applicant shall pay a fee
in
accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
$45 |
|
|
Class II operator |
|
55 |
|
|
Class III operator |
|
65 |
|
|
Class IV operator |
|
75 |
|
A person shall pay a biennial certification renewal fee for each applicable class of certification in accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
35 |
|
|
Class II operator |
|
45 |
|
|
Class III operator |
|
55 |
|
|
Class IV operator |
|
65 |
|
If a certification renewal fee is received by the director more than thirty days, but not more than one year after the expiration date of the certification, the person shall pay a certification renewal fee in accordance with the following schedule:
|
Class A operator |
|
$45 |
|
|
Class I operator |
|
55 |
|
|
Class II operator |
|
65 |
|
|
Class III operator |
|
75 |
|
|
Class IV operator |
|
85 |
|
A person who requests a replacement certificate shall pay a fee of twenty-five dollars at the time the request is made.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water
protection fund created in section 6109.30 of the Revised
Code.
(P) Any person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code, as that section existed before its repeal by H.B. 95 of the 125th general assembly, shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section. On and after June 26, 2003, persons shall file such applications and pay the fee as required under sections 5709.20 to 5709.27 of the Revised Code, and proceeds from the fee shall be credited as provided in section 5709.212 of the Revised Code.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a modification of a permit for a solid waste disposal
facility or
an infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of
the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2008 2010, and a nonrefundable fee of fifteen dollars at the
time
the
application is submitted on and after July 1,
2008 2010.
Through June
30,
2008 2010, any person
applying for a national
pollutant
discharge
elimination system permit
under Chapter 6111.
of the Revised Code
shall pay a
nonrefundable fee of two hundred
dollars at the time
of application for
the permit. On and after
July 1,
2008 2010,
such a
person shall pay a nonrefundable fee of
fifteen dollars at the
time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per
acreage fee shall not exceed three hundred dollars. In addition,
any person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the
drinking water protection
fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6111. of the
Revised Code to the
treasurer of state for deposit into the
surface water protection
fund created in section 6111.038 of the
Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
If a person submits an electronic application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section, the person shall pay the applicable application fee as expeditiously as possible after the submission of the electronic application. An application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section shall not be reviewed or processed until the applicable application fee, and any other fees established under this division, are paid.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders
of any license, permit, variance, plan approval, or
certification
required or authorized by Chapter 3704., 3734.,
6109., or 6111. of
the Revised Code that are not specifically
established in this
section. The fees shall be designed to
defray the cost of
processing, issuing, revoking, modifying,
denying, and enforcing
the licenses, permits, variances, plan
approvals, and
certifications.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6109. of the Revised Code to the treasurer of state for
deposit
into the drinking water protection fund created in
section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6111. of the Revised Code to the treasurer of state for
deposit
into the surface water protection fund created in section
6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary
to carry out this section.
(U) When the director reasonably demonstrates that the
direct cost to the state associated with the issuance of a permit
to install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code,
all
fees required by this section are payable within thirty days
after
the issuance of an invoice for the fee by the director or
the
effective date of the issuance of the license, permit,
variance,
plan approval, or certification. If payment is late,
the person
responsible for payment of the fee shall pay an
additional ten per
cent of the amount due for each month that it
is late.
(W) As used in this section,
"fuel-burning equipment,"
"fuel-burning equipment input capacity,"
"incinerator,"
"incinerator input capacity,"
"process,"
"process weight rate,"
"storage tank,"
"gasoline dispensing facility,"
"dry cleaning
facility,"
"design flow discharge," and
"new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1)
"Facility,"
"federal Clean Air Act,"
"person,"
and
"Title
V permit" have the same meanings as in section 3704.01
of
the
Revised Code.
(2)
"Title V permit program" means the following
activities
as necessary to meet the requirements of Title V of
the federal
Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and
implementing and enforcing the terms of any Title V permit,
not
including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business
stationary sources to determine and meet their
obligations under
the federal Clean Air Act pursuant to the small
business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions
(Y)(2),
(3), and
(4)
of this section, each
sewage sludge facility shall pay a
nonrefundable annual sludge
fee equal to three dollars and fifty
cents per dry ton of sewage
sludge, including the dry tons of
sewage sludge in materials derived from
sewage sludge, that the
sewage sludge facility treats or disposes of in
this state. The
annual volume of sewage sludge treated or
disposed of by a sewage
sludge facility shall be calculated
using the first day of January
through the thirty-first day of
December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division
(Y)(2)(d) of this
section, each sewage sludge facility
shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to
be paid by a sewage
sludge facility that treats or disposes of
exceptional quality
sludge in this state shall be thirty-five
per cent less per dry
ton of exceptional quality sludge than the
fee assessed under
division
(Y)(1) of this section, subject
to the following
exceptions:
(i) Except as provided in division
(Y)(2)(d) of this
section, a sewage sludge facility that
treats or disposes of
exceptional quality
sludge shall pay a minimum annual sewage
sludge fee of one hundred
dollars.
(ii) A sewage sludge facility that
treats or disposes of
exceptional quality sludge shall not be
required to pay the annual
sludge fee for treatment or disposal
in this state of exceptional
quality sludge generated outside of
this state and contained in
bags or other containers not greater
than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to
the
maximum annual fees established under
division (Y)(3) of this
section.
(c) A sewage sludge facility that
transfers sewage sludge
to
another sewage
sludge facility in this state for further treatment
prior to
disposal in this state shall not be required to pay the
annual
sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage
sludge facility that
disposes of the sewage sludge shall pay the
annual sludge fee.
However, the facility transferring the sewage sludge shall
pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to
another
entity for disposal, the sewage sludge facility in this
state
shall be required to pay the annual sludge fee for the
tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand
gallons per day
is not subject to the fees
assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility
uses.
The maximum annual fee does not include the additional
amount that
may be charged under division
(Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for
the
following methods of disposal of sewage sludge is as
follows:
(a) Incineration: five thousand
dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five
thousand dollars;
(c) Land application, land
reclamation, surface disposal, or
any other disposal method not
specified in division
(Y)(3)(a)
or
(b) of this section: twenty thousand
dollars.
(4)(a) In the case of an entity that
generates sewage sludge
or a sewage sludge facility that treats
sewage sludge and
transfers the sewage sludge to an incineration
facility for
disposal, the incineration facility, and not the
entity generating
the sewage sludge or the sewage sludge
facility treating the
sewage sludge, shall pay the annual sludge
fee for the tons of
sewage sludge that are transferred. However, the entity
or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
(b) In the case of an entity that
generates sewage sludge
and transfers the sewage sludge to a landfill for
disposal or to a
sewage sludge facility for land reclamation or surface
disposal,
the entity generating the sewage sludge,
and not the
landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage
sludge that are transferred.
(5) Not later than the first day of April
of the calendar
year following
March
17,
2000, and each first day of
April
thereafter, the director shall
issue invoices to persons who are
required to pay the annual
sludge fee. The invoice shall
identify
the nature and amount of
the annual sludge fee assessed
and state
the first day of May as
the deadline
for receipt by the director
of objections regarding
the amount of the fee and
the first day of
July as the deadline
for payment of
the fee.
Not later than the first day of May
following receipt of an
invoice, a person required to pay the
annual sludge fee may submit
objections to the director
concerning the accuracy of information
regarding the number of
dry tons of sewage sludge used to
calculate the amount of the
annual sludge fee or regarding whether
the sewage sludge
qualifies for the exceptional quality sludge
discount established in
division
(Y)(2)(b)
of this section. The
director may consider the objections and
adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with
Chapter
119. of the
Revised
Code.
Not later than the first day of June,
the director shall
notify the objecting person regarding whether
the director has
found the objections to be valid and the
reasons for the finding.
If the director finds the objections
to be valid and adjusts the
amount of the annual sludge fee
accordingly, the director shall
issue with the notification a
new invoice to the person
identifying the amount of the annual
sludge fee assessed and
stating the
first day of July as the deadline for
payment.
Not later than the first day of July,
any person who is
required to do so shall pay the annual sludge fee.
Any person who
is required to pay the fee, but who fails to
do so on or before
that date shall pay an additional amount that
equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected
under
division (Y) of this
section to the treasurer of state for deposit
into the surface
water protection fund created in section 6111.038
of the
Revised
Code. The moneys shall be used
to defray the costs
of administering and enforcing provisions in
Chapter 6111. of the
Revised
Code and rules adopted under it
that govern the use,
storage, treatment, or disposal of sewage
sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the
director shall review the total amount of moneys
generated by the annual
sludge
fees to determine if that amount
exceeded six hundred thousand dollars in
either
of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director,
after review of the fee structure and consultation with
affected persons,
shall
issue an order reducing the amount of the
fees levied under division
(Y) of this section so that the
estimated amount of moneys resulting
from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section
and after the fees have been reduced, the director
determines that the total
amount of moneys collected and
accumulated is less than six hundred thousand
dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied
under division (Y) of this section so that the
estimated amount of
moneys resulting from the fees will be
approximately six hundred thousand
dollars. Fees shall never be
increased to an amount exceeding the amount
specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under
division (Y)(7) of this section
without the necessity to hold an
adjudicatory hearing in
connection with the order. The issuance of an order
under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division
(Y) of this section:
(a)
"Sewage sludge facility" means an
entity that performs
treatment on or is responsible for the
disposal of sewage sludge.
(b)
"Sewage sludge" means a solid,
semi-solid, or liquid
residue generated during the treatment of
domestic sewage in a
treatment works as defined in section
6111.01 of the Revised
Code.
"Sewage sludge"
includes, but is not limited to, scum or solids
removed in
primary, secondary, or advanced wastewater treatment
processes.
"Sewage sludge" does
not include ash generated during
the firing of sewage sludge in
a sewage sludge incinerator, grit
and screenings generated
during preliminary treatment of domestic
sewage in a treatment
works, animal manure, residue generated
during treatment of animal
manure, or domestic septage.
(c)
"Exceptional quality sludge"
means sewage sludge that
meets all of the following
qualifications:
(i) Satisfies the class
A pathogen standards in 40
C.F.R.
503.32(a);
(ii) Satisfies one of the vector
attraction reduction
requirements in 40
C.F.R.
503.33(b)(1) to
(b)(8);
(iii) Does not exceed the ceiling
concentration limitations
for metals listed in table one of 40
C.F.R.
503.13;
(iv) Does not exceed the
concentration limitations for
metals listed in table three of 40
C.F.R.
503.13.
(d)
"Treatment" means the preparation
of sewage sludge for
final use or disposal and includes, but is
not limited to,
thickening, stabilization, and dewatering of
sewage sludge.
(e)
"Disposal" means the final use of
sewage sludge,
including, but not limited to, land application,
land reclamation,
surface disposal, or disposal in a landfill or
an incinerator.
(f)
"Land application" means the
spraying or spreading of
sewage sludge onto the land surface,
the injection of sewage
sludge below the land surface, or the
incorporation of sewage
sludge into the soil for the purposes of
conditioning the soil or
fertilizing crops or vegetation grown
in the soil.
(g)
"Land reclamation" means the
returning of disturbed land
to productive use.
(h)
"Surface disposal" means the
placement of sludge on an
area of land for disposal,
including, but not limited to,
monofills, surface impoundments,
lagoons, waste piles, or
dedicated disposal sites.
(i)
"Incinerator" means an entity
that disposes of sewage
sludge through the combustion of organic
matter and inorganic
matter in sewage sludge by high
temperatures in an enclosed
device.
(j)
"Incineration facility" includes
all incinerators owned
or operated by the same entity and
located on a contiguous tract
of land. Areas of land are
considered to be contiguous even if
they are separated by a
public road or highway.
(k)
"Annual sludge fee" means the fee
assessed under
division
(Y)(1)
of this section.
(l)
"Landfill" means a sanitary landfill facility, as
defined
in
rules adopted under section 3734.02 of the Revised
Code,
that
is
licensed under section 3734.05 of the Revised Code.
(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous
operation for not less than five years
pursuant to
approval of the activity by the director and includes
the
implementation of a community outreach program concerning the
activity.
Sec. 3767.41. (A) As used in this section:
(1) "Building" means, except as otherwise provided in this
division, any building or structure that is used or intended to
be used for residential purposes. "Building" includes, but is
not limited to, a building or structure in which any floor is
used for retail stores, shops, salesrooms, markets, or similar
commercial uses, or for offices, banks, civic administration
activities, professional services, or similar business or civic
uses, and in which the other floors are used, or designed and
intended to be used, for residential purposes. "Building" does
not include any building or structure that is occupied by its
owner and that contains three or fewer residential units.
(2)(a) "Public nuisance" means a building that is a menace to
the public health, welfare, or safety; that is structurally
unsafe, unsanitary, or not provided with adequate safe egress;
that constitutes a fire hazard, is otherwise dangerous to human
life, or is otherwise no longer fit and habitable; or that, in
relation to its existing use, constitutes a hazard to the public
health, welfare, or safety by reason of inadequate maintenance,
dilapidation, obsolescence, or abandonment.
(b) "Public nuisance" as it applies to subsidized housing means subsidized housing that fails to meet the following standards as specified in the federal rules governing each standard:
(i) Each building on the site is structurally sound, secure, habitable, and in good repair, as defined in 24 C.F.R. 5.703(b);
(ii) Each building's domestic water, electrical system, elevators, emergency power, fire protection, HVAC, and sanitary system is free of health and safety hazards, functionally adequate, operable, and in good repair, as defined in 24 C.F.R. 5.703(c);
(iii) Each dwelling unit within the building is structurally sound, habitable, and in good repair, and all areas and aspects of the dwelling unit are free of health and safety hazards, functionally adequate, operable, and in good repair, as defined in 24 C.F.R. 5.703(d)(1);
(iv) Where applicable, the dwelling unit has hot and cold running water, including an adequate source of potable water, as defined in 24 C.F.R. 5.703(d)(2);
(v) If the dwelling unit includes its own sanitary facility, it is in proper operating condition, usable in privacy, and adequate for personal hygiene, and the disposal of human waste, as defined in 24 C.F.R. 5.703(d)(3);
(vi) The common areas are structurally sound, secure, and functionally adequate for the purposes intended. The basement, garage, carport, restrooms, closets, utility, mechanical, community rooms, daycare, halls, corridors, stairs, kitchens, laundry rooms, office, porch, patio, balcony, and trash collection areas are free of health and safety hazards, operable, and in good repair. All common area ceilings, doors, floors, HVAC, lighting, smoke detectors, stairs, walls, and windows, to the extent applicable, are free of health and safety hazards, operable, and in good repair, as defined in 24 C.F.R. 5.703(e);
(vii) All areas and components of the housing are free of health and safety hazards. These areas include, but are not limited to, air quality, electrical hazards, elevators, emergency/fire exits, flammable materials, garbage and debris, handrail hazards, infestation, and lead-based paint, as defined in 24 C.F.R. 5.703(f).
(3) "Abate" or "abatement" in connection with any building
means the removal or correction of any conditions that constitute
a public nuisance and the making of any other improvements that
are needed to effect a rehabilitation of the building that is
consistent with maintaining safe and habitable conditions over
its remaining useful life. "Abatement" does not include the
closing or boarding up of any building that is found to be a
public nuisance.
(4) "Interested party" means any owner, mortgagee,
lienholder, tenant, or person that possesses an interest of
record in any property that becomes subject to the jurisdiction
of a court pursuant to this section, and any applicant for the
appointment of a receiver pursuant to this section.
(5) "Neighbor" means any owner of property, including, but
not limited to, any person who is purchasing property by land
installment contract or under a duly executed purchase contract,
that is located within five hundred feet of any property that
becomes subject to the jurisdiction of a court pursuant to this
section, and any occupant of a building that is so located.
(6) "Tenant" has the same meaning as in section 5321.01 of
the Revised Code.
(7) "Subsidized housing" means a property consisting of more than four dwelling units that, in whole or in part, receives project-based assistance pursuant to a contract under any of the following federal housing programs:
(a) The new construction or substantial rehabilitation program under section 8(b)(2) of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as that program was in effect immediately before the first day of October, 1983;
(b) The moderate rehabilitation program under section 8(e)(2) of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(e)(2);
(c) The loan management assistance program under section 8 of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f;
(d) The rent supplement program under section 101 of the "Housing and Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667, 12 U.S.C. 1701s;
(e) Section 8 of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following conversion from assistance under section 101 of the "Housing and Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667, 12 U.S.C. 1701s;
(f) The program of supportive housing for the elderly under section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73 Stat. 654, 12 U.S.C. 1701q;
(g) The program of supportive housing for persons with disabilities under section 811 of the "National Affordable Housing Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013;
(h) The rental assistance program under section 521 of the "United States Housing Act of 1949," Pub. L. No. 90-448, 82 Stat. 551, as amended by Pub. L. No. 93-383, 88 Stat. 696, 42 U.S.C. 1490a.
(8) "Project-based assistance" means the assistance is attached to the property and provides rental assistance only on behalf of tenants who reside in that property.
(9) "Landlord" has the same meaning as in section 5321.01 of the Revised Code.
(B)(1)(a) In any civil action to enforce any local building,
housing, air pollution, sanitation, health, fire, zoning, or
safety code, ordinance, or regulation applicable to buildings,
that is commenced in a court of common pleas, municipal court,
housing or environmental division of a municipal court, or county
court, or in any civil action for abatement commenced in a court
of common pleas, municipal court, housing or environmental
division of a municipal court, or county court, by a municipal
corporation in which the building involved is located, by any
neighbor, tenant, or by a nonprofit corporation that is duly
organized and has as one of its goals the improvement of housing
conditions in the county or municipal corporation in which the
building involved is located, if a building is alleged to be a
public nuisance, the municipal corporation, neighbor, tenant, or
nonprofit corporation may apply in its complaint for an
injunction or other order as described in division (C)(1) of this
section, or for the relief described in division (C)(2) of this
section, including, if necessary, the appointment of a receiver
as described in divisions (C)(2) and (3) of this section, or for
both such an injunction or other order and such relief. The
municipal corporation, neighbor, tenant, or nonprofit corporation
commencing the action is not liable for the costs, expenses, and
fees of any receiver appointed pursuant to divisions (C)(2) and
(3) of this section.
(b) Prior to commencing a civil action for abatement when the property alleged to be a public nuisance is subsidized housing, the municipal corporation, neighbor, tenant, or nonprofit corporation commencing the action shall provide the landlord of that property with written notice that specifies one or more defective conditions that constitute a public nuisance as that term applies to subsidized housing and states that if the landlord fails to remedy the condition within sixty days of the service of the notice, a claim pursuant to this section may be brought on the basis that the property constitutes a public nuisance in subsidized housing. Any party authorized to bring an action against the landlord shall make reasonable attempts to serve the notice in the manner prescribed in the Rules of Civil Procedure to the landlord or the landlord's agent for the property at the property's management office, or at the place where the tenants normally pay or send rent. If the landlord is not the owner of record, the party bringing the action shall make a reasonable attempt to serve the owner. If the owner does not receive service the person bringing the action shall certify the attempts to serve the owner.
(2)(a) In a civil action described in division (B)(1) of
this section, a copy of the complaint and a notice of the date
and time of a hearing on the complaint shall be served upon the
owner of the building and all other interested parties in
accordance with the Rules of Civil Procedure. If certified mail
service, personal service, or residence service of the complaint
and notice is refused or certified mail service of the complaint
and notice is not claimed, and if the municipal corporation,
neighbor, tenant, or nonprofit corporation commencing the action
makes a written request for ordinary mail service of the
complaint and notice, or uses publication service, in accordance
with the Rules of Civil Procedure, then a copy of the complaint
and notice shall be posted in a conspicuous place on the
building.
(b) The judge in a civil action described in division
(B)(1) of this section shall conduct a hearing at least
twenty-eight days after the owner of the building and the other
interested parties have been served with a copy of the complaint
and the notice of the date and time of the hearing in accordance
with division (B)(2)(a) of this section.
(c) In considering whether subsidized housing is a public nuisance, the judge shall construe the standards set forth in division (A)(2)(b) of this section in a manner consistent with department of housing and urban development and judicial interpretations of those standards. The judge shall deem that the property is not a public nuisance if during the twelve months prior to the service of the notice that division (B)(1)(b) of this section requires, the department of housing and urban development's real estate assessment center issued a score of seventy-five or higher out of a possible one hundred points pursuant to its regulations governing the physical condition of multifamily properties pursuant to 24 C.F.R. part 200, subpart P, and since the most recent inspection, there has been no significant change in the property's conditions that would create a serious threat to the health, safety, or welfare of the property's tenants.
(C)(1) If the judge in a civil action described in
division (B)(1) of this section finds at the hearing required by
division (B)(2) of this section that the building involved is a
public nuisance, if the judge additionally determines that the
owner of the building previously has not been afforded a
reasonable opportunity to abate the public nuisance or has been
afforded such an opportunity and has not refused or failed to
abate the public nuisance, and if the complaint of the municipal
corporation, neighbor, tenant, or nonprofit corporation
commencing the action requested the issuance of an injunction as
described in this division, then the judge may issue an
injunction requiring the owner of the building to abate the
public nuisance or issue any other order that the judge considers
necessary or appropriate to cause the abatement of the public
nuisance. If an injunction is issued pursuant to this division,
the owner of the building involved shall be given no more than
thirty days from the date of the entry of the judge's order to
comply with the injunction, unless the judge, for good cause
shown, extends the time for compliance.
(2) If the judge in a civil action described in division
(B)(1) of this section finds at the hearing required by division
(B)(2) of this section that the building involved is a public
nuisance, if the judge additionally determines that the owner of
the building previously has been afforded a reasonable
opportunity to abate the public nuisance and has refused or
failed to do so, and if the complaint of the municipal
corporation, neighbor, tenant, or nonprofit corporation
commencing the action requested relief as described in this
division, then the judge shall offer any mortgagee, lienholder,
or other interested party associated with the property on which
the building is located, in the order of the priority of interest
in title, the opportunity to undertake the work and to furnish
the materials necessary to abate the public nuisance. Prior to
selecting any interested party, the judge shall require the
interested party to demonstrate the ability to promptly undertake
the work and furnish the materials required, to provide the judge
with a viable financial and construction plan for the
rehabilitation of the building as described in division (D) of
this section, and to post security for the performance of the
work and the furnishing of the materials.
If the judge determines, at the hearing, that no interested
party is willing or able to undertake the work and to furnish the
materials necessary to abate the public nuisance, or if the judge
determines, at any time after the hearing, that any party who is
undertaking corrective work pursuant to this division cannot or
will not proceed, or has not proceeded with due diligence, the
judge may appoint a receiver pursuant to division (C)(3) of this
section to take possession and control of the building.
(3)(a) The judge in a civil action described in division
(B)(1) of this section shall not appoint any person as a receiver
unless the person first has provided the judge with a viable
financial and construction plan for the rehabilitation of the
building involved as described in division (D) of this section
and has demonstrated the capacity and expertise to perform the
required work and to furnish the required materials in a
satisfactory manner. An appointed receiver may be a financial
institution that possesses an interest of record in the building
or the property on which it is located, a nonprofit corporation
as described in divisions (B)(1) and (C)(3)(b) of this section,
including, but not limited to, a nonprofit corporation that
commenced the action described in division (B)(1) of this
section, or any other qualified property manager.
(b) To be eligible for appointment as a receiver, no part
of the net earnings of a nonprofit corporation shall inure to the
benefit of any private shareholder or individual. Membership on
the board of trustees of a nonprofit corporation appointed as a
receiver does not constitute the holding of a public office or
employment within the meaning of sections 731.02 and 731.12 or
any other section of the Revised Code and does not constitute a
direct or indirect interest in a contract or expenditure of money
by any municipal corporation. A member of a board of trustees of
a nonprofit corporation appointed as a receiver shall not be
disqualified from holding any public office or employment, and
shall not forfeit any public office or employment, by reason of
his membership on the board of trustees, notwithstanding any law
to the contrary.
(D) Prior to ordering any work to be undertaken, or the
furnishing of any materials, to abate a public nuisance under
this section, the judge in a civil action described in division
(B)(1) of this section shall review the submitted financial and
construction plan for the rehabilitation of the building involved
and, if it specifies all of the following, shall approve that
plan:
(1) The estimated cost of the labor, materials, and any
other development costs that are required to abate the public
nuisance;
(2) The estimated income and expenses of the building and
the property on which it is located after the furnishing of the
materials and the completion of the repairs and improvements;
(3) The terms, conditions, and availability of any
financing that is necessary to perform the work and to furnish
the materials;
(4) If repair and rehabilitation of the building are found
not to be feasible, the cost of demolition of the building or of
the portions of the building that constitute the public nuisance.
(E) Upon the written request of any of the interested
parties to have a building, or portions of a building, that
constitute a public nuisance demolished because repair and
rehabilitation of the building are found not to be feasible, the
judge may order the demolition. However, the demolition shall
not be ordered unless the requesting interested parties have paid
the costs of demolition and, if any, of the receivership, and, if
any, all notes, certificates, mortgages, and fees of the
receivership.
(F) Before proceeding with his the duties of receiver,
any receiver appointed by the judge in a civil action described in division
(B)(1) of this section may be required by the judge to post a
bond in an amount fixed by the judge, but not exceeding the value
of the building involved as determined by the judge.
The judge may empower the receiver to do any or all of the
following:
(1) Take possession and control of the building and the
property on which it is located, operate and manage the building
and the property, establish and collect rents and income, lease
and rent the building and the property, and evict tenants;
(2) Pay all expenses of operating and conserving the
building and the property, including, but not limited to, the
cost of electricity, gas, water, sewerage, heating fuel, repairs
and supplies, custodian services, taxes and assessments, and
insurance premiums, and hire and pay reasonable compensation to a
managing agent;
(3) Pay pre-receivership mortgages or installments of them
and other liens;
(4) Perform or enter into contracts for the performance of
all work and the furnishing of materials necessary to abate, and
obtain financing for the abatement of, the public nuisance;
(5) Pursuant to court order, remove and dispose of any
personal property abandoned, stored, or otherwise located in or
on the building and the property that creates a dangerous or
unsafe condition or that constitutes a violation of any local
building, housing, air pollution, sanitation, health, fire,
zoning, or safety code, ordinance, or regulation;
(6) Obtain mortgage insurance for any receiver's mortgage
from any agency of the federal government;
(7) Enter into any agreement and do those things necessary
to maintain and preserve the building and the property and comply
with all local building, housing, air pollution, sanitation,
health, fire, zoning, or safety codes, ordinances, and
regulations;
(8) Give the custody of the building and the property, and
the opportunity to abate the nuisance and operate the property,
to its owner or any mortgagee or lienholder of record;
(9) Issue notes and secure them by a mortgage bearing
interest, and upon terms and conditions, that the judge approves.
When sold or transferred by the receiver in return for valuable
consideration in money, material, labor, or services, the notes
or certificates shall be freely transferable. Any mortgages
granted by the receiver shall be superior to any claims of the
receiver. Priority among the receiver's mortgages shall be
determined by the order in which they are recorded.
(G) A receiver appointed pursuant to this section is not
personally liable except for misfeasance, malfeasance, or
nonfeasance in the performance of the functions of his the
office of receiver.
(H)(1) The judge in a civil action described in division
(B)(1) of this section may assess as court costs, the expenses
described in division (F)(2) of this section, and may approve
receiver's fees to the extent that they are not covered by the
income from the property. Subject to that limitation, a receiver
appointed pursuant to divisions (C)(2) and (3) of this section is
entitled to receive fees in the same manner and to the same
extent as receivers appointed in actions to foreclose mortgages.
(2)(a) Pursuant to the police powers vested in the state,
all expenditures of a mortgagee, lienholder, or other interested
party that has been selected pursuant to division (C)(2) of this
section to undertake the work and to furnish the materials
necessary to abate a public nuisance, and any expenditures in
connection with the foreclosure of the lien created by this
division, is a first lien upon the building involved and the
property on which it is located and is superior to all prior and
subsequent liens or other encumbrances associated with the
building or the property, including, but not limited to, those
for taxes and assessments, upon the occurrence of both of the
following:
(i) The prior approval of the expenditures by, and the
entry of a judgment to that effect by, the judge in the civil
action described in division (B)(1) of this section;
(ii) The recordation of a certified copy of the judgment
entry and a sufficient description of the property on which the
building is located with the county recorder in the county in
which the property is located within sixty days after the date of
the entry of the judgment.
(b) Pursuant to the police powers vested in the state, all
expenses and other amounts paid in accordance with division (F)
of this section by a receiver appointed pursuant to divisions
(C)(2) and (3) of this section, the amounts of any notes issued
by the receiver in accordance with division (F) of this section,
all mortgages granted by the receiver in accordance with that
division, the fees of the receiver approved pursuant to division
(H)(1) of this section, and any amounts expended in connection
with the foreclosure of a mortgage granted by the receiver in
accordance with division (F) of this section or with the
foreclosure of the lien created by this division, are a first
lien upon the building involved and the property on which it is
located and are superior to all prior and subsequent liens or
other encumbrances associated with the building or the property,
including, but not limited to, those for taxes and assessments,
upon the occurrence of both of the following:
(i) The approval of the expenses, amounts, or fees by, and
the entry of a judgment to that effect by, the judge in the civil
action described in division (B)(1) of this section; or the
approval of the mortgages in accordance with division (F)(9) of
this section by, and the entry of a judgment to that effect by,
that judge;
(ii) The recordation of a certified copy of the judgment
entry and a sufficient description of the property on which the
building is located, or, in the case of a mortgage, the
recordation of the mortgage, a certified copy of the judgment
entry, and such a description, with the county recorder of the
county in which the property is located within sixty days after
the date of the entry of the judgment.
(c) Priority among the liens described in divisions
(H)(2)(a) and (b) of this section shall be determined as
described in division (I) of this section. Additionally, the
creation pursuant to this section of a mortgage lien that is
prior to or superior to any mortgage of record at the time the
mortgage lien is so created, does not disqualify the mortgage of
record as a legal investment under Chapter 1107. or
1151. or any
other chapter of the Revised Code.
(I)(1) If a receiver appointed pursuant to divisions
(C)(2) and (3) of this section files with the judge in the civil
action described in division (B)(1) of this section a report
indicating that the public nuisance has been abated, if the judge
confirms that the receiver has abated the public nuisance, and if
the receiver or any interested party requests the judge to enter
an order directing the receiver to sell the building and the
property on which it is located, the judge may enter that order
after holding a hearing as described in division (I)(2) of this
section and otherwise complying with that division.
(2)(a) The receiver or interested party requesting an order
as described in division (I)(1) of this section shall cause a
notice of the date and time of a hearing on the request to be
served on the owner of the building involved and all other
interested parties in accordance with division (B)(2)(a) of this
section. The judge in the civil action described in division
(B)(1) of this section shall conduct the scheduled hearing. At
the hearing, if the owner or any interested party objects to the
sale of the building and the property, the burden of proof shall
be upon the objecting person to establish, by a preponderance of
the evidence, that the benefits of not selling the building and
the property outweigh the benefits of selling them. If the judge
determines that there is no objecting person, or if the judge
determines
that there is one or more objecting persons but no objecting
person has sustained the burden of proof specified in this
division, the judge may enter an order directing the receiver to
offer the building and the property for sale upon terms and
conditions that the judge shall specify.
(b) In any sale of subsidized housing that is ordered pursuant to this section, the judge shall specify that the subsidized housing not be conveyed unless that conveyance complies with applicable federal law and applicable program contracts for that housing. Any such conveyance shall be subject to the condition that the purchaser enter into a contract with the department of housing and urban development or the rural housing service of the federal department of agriculture under which the property continues to be subsidized housing and the owner continues to operate that property as subsidized housing unless the secretary of housing and urban development or the administrator of the rural housing service terminates that property's contract prior to or upon the conveyance of the property.
(3) If a sale of a building and the property on which it
is located is ordered pursuant to divisions (I)(1) and (2) of
this section and if the sale occurs in accordance with the terms
and conditions specified by the judge in his the judge's order
of sale, then the receiver shall distribute the proceeds of the sale and the
balance of any funds that the receiver may possess, after the
payment of the costs of the sale, in the following order of
priority and in the described manner:
(a) First, in satisfaction of any notes issued by the
receiver pursuant to division (F) of this section, in their order
of priority;
(b) Second, any unreimbursed expenses and other amounts
paid in accordance with division (F) of this section by the
receiver, and the fees of the receiver approved pursuant to
division (H)(1) of this section;
(c) Third, all expenditures of a mortgagee, lienholder, or
other interested party that has been selected pursuant to
division (C)(2) of this section to undertake the work and to
furnish the materials necessary to abate a public nuisance,
provided that the expenditures were approved as described in
division (H)(2)(a) of this section and provided that, if any such
interested party subsequently became the receiver, its
expenditures shall be paid prior to the expenditures of any of
the other interested parties so selected;
(d) Fourth, the amount due for delinquent taxes,
assessments, charges, penalties, and interest owed to this state
or a political subdivision of this state, provided that, if the
amount available for distribution pursuant to division (I)(3)(d)
of this section is insufficient to pay the entire amount of those
taxes, assessments, charges, penalties, and interest, the
proceeds and remaining funds shall be paid to each claimant in
proportion to the amount of those taxes, assessments, charges,
penalties, and interest that each is due.
(e) The amount of any pre-receivership mortgages, liens,
or other encumbrances, in their order of priority.
(4) Following a distribution in accordance with division
(I)(3) of this section, the receiver shall request the judge in
the civil action described in division (B)(1) of this section to
enter an order terminating the receivership. If the judge
determines that the sale of the building and the property on
which it is located occurred in accordance with the terms and
conditions specified by the judge in his the judge's order of
sale under division (I)(2) of this section and that the receiver distributed
the proceeds of the sale and the balance of any funds that the
receiver possessed, after the payment of the costs of the sale,
in accordance with division (I)(3) of this section, and if the
judge approves any final accounting required of the receiver, the
judge may terminate the receivership.
(J)(1) A receiver appointed pursuant to divisions (C)(2)
and (3) of this section may be discharged at any time in the
discretion of the judge in the civil action described in division
(B)(1) of this section. The receiver shall be discharged by the
judge as provided in division (I)(4) of this section, or when all
of the following have occurred:
(a) The public nuisance has been abated;
(b) All costs, expenses, and approved fees of the
receivership have been paid;
(c) Either all receiver's notes issued and mortgages
granted pursuant to this section have been paid, or all the
holders of the notes and mortgages request that the receiver be
discharged.
(2) If a judge in a civil action described in division
(B)(1) of this section determines that, and enters of record a
declaration that, a public nuisance has been abated by a
receiver, and if, within three days after the entry of the
declaration, all costs, expenses, and approved fees of the
receivership have not been paid in full, then, in addition to the
circumstances specified in division (I) of this section for the
entry of such an order, the judge may enter an order directing
the receiver to sell the building involved and the property on
which it is located. Any such order shall be entered, and the
sale shall occur, only in compliance with division (I) of this
section.
(K) The title in any building, and in the property on
which it is located, that is sold at a sale ordered under
division (I) or (J)(2) of this section shall be incontestable in
the purchaser and shall be free and clear of all liens for
delinquent taxes, assessments, charges, penalties, and interest
owed to this state or any political subdivision of this state,
that could not be satisfied from the proceeds of the sale and the
remaining funds in the receiver's possession pursuant to the
distribution under division (I)(3) of this section. All other
liens and encumbrances with respect to the building and the
property shall survive the sale, including, but not limited to, a
federal tax lien notice properly filed in accordance with section
317.09 of the Revised Code prior to the time of the sale, and the
easements and covenants of record running with the property that
were created prior to the time of the sale.
(L)(1) Nothing in this section shall be construed as a
limitation upon the powers granted to a court of common pleas, a
municipal court or a housing or environmental division of a
municipal court under Chapter 1901. of the Revised Code, or a
county court under Chapter 1907. of the Revised Code.
(2) The monetary and other limitations specified in
Chapters 1901. and 1907. of the Revised Code upon the
jurisdiction of municipal and county courts, and of housing or
environmental divisions of municipal courts, in civil actions do
not operate as limitations upon any of the following:
(a) Expenditures of a mortgagee, lienholder, or other
interested party that has been selected pursuant to division
(C)(2) of this section to undertake the work and to furnish the
materials necessary to abate a public nuisance;
(b) Any notes issued by a receiver pursuant to division
(F) of this section;
(c) Any mortgage granted by a receiver in accordance with
division (F) of this section;
(d) Expenditures in connection with the foreclosure of a
mortgage granted by a receiver in accordance with division (F) of
this section;
(e) The enforcement of an order of a judge entered
pursuant to this section;
(f) The actions that may be taken pursuant to this section
by a receiver or a mortgagee, lienholder, or other interested
party that has been selected pursuant to division (C)(2) of this
section to undertake the work and to furnish the materials
necessary to abate a public nuisance.
(3) A judge in a civil action described in division (B)(1)
of this section, or the judge's successor in office, has
continuing
jurisdiction to review the condition of any building that was
determined to be a public nuisance pursuant to this section.
Sec. 3769.087. (A) In addition to the commission of
eighteen
per cent retained by each permit holder as provided in
section
3769.08 of the Revised Code, each permit holder shall
retain an
additional amount equal to four per cent of the total of
all
moneys wagered on each racing day on all wagering pools other
than win, place, and show, of which amount retained an amount
equal to three per cent of the total of all moneys wagered on
each
racing day on
those pools shall be paid by check, draft, or
money
order to the tax commissioner, as a tax. Subject to the
restrictions
contained in divisions (B), (C), and (M) of
section
3769.08 of the Revised Code,
from such additional moneys paid to
the tax commissioner:
(1) Four-sixths shall be
allocated to fund
distribution as
provided in division (M) of
section 3769.08 of the
Revised Code.
(2) One-twelfth shall be paid into the Ohio fairs fund
created by section 3769.082 of the Revised Code.
(3) One-twelfth of the additional moneys paid to the tax
commissioner by thoroughbred racing permit holders shall be paid
into the Ohio thoroughbred race fund created by section 3769.083
of the Revised Code.
(4) One-twelfth of the additional moneys paid to the tax
commissioner by harness horse racing permit holders shall be paid
to the Ohio standardbred development fund created by section
3769.085 of the Revised Code.
(5) One-twelfth of the additional moneys paid to the tax
commissioner by quarter horse racing permit holders shall be paid
to the Ohio quarter horse development fund created by section
3769.086 of the Revised Code.
(6) One-sixth shall be paid into the state racing
commission
operating fund created by section 3769.03 of the
Revised Code.
The remaining one per cent that is retained of the total of
all moneys wagered on each racing day on all pools other than
win,
place, and show, shall be retained by racing permit holders,
and,
except as otherwise provided in section 3769.089
of the Revised
Code, racing permit holders shall use one-half for
purse money and
retain one-half.
(B) In addition to the commission of eighteen per cent
retained by each
permit holder as provided in section 3769.08 of
the Revised Code and the
additional amount retained by each permit
holder as provided in division (A)
of this section, each permit
holder
shall retain an additional amount equal to
one-half of
one per cent
of the
total of all moneys wagered on each
racing
day on
all wagering
pools
other than win, place, and show. Except as provided in division (C) of this section, from
the The additional amount retained under this division, each permit
holder shall retain an amount equal to one-quarter of one per cent
of the total of all moneys wagered on each racing day on all pools
other than win, place, and show and shall pay that amount shall be paid by
check, draft, or money order to the tax commissioner, as a tax.
The tax commissioner shall pay the amount of the tax received
under this division to the state racing commission operating fund
created by section 3769.03 of the Revised Code.
Except as provided in division (C) of this section, the remaining one-quarter of one per cent that is retained
from the total of all moneys wagered on each racing day on all
pools other than win, place, and show shall be retained by the
permit holder, and the permit holder shall use
one-half for purse
money and retain one-half.
(C) During the period commencing on July 1, 2006, and ending on and including June 30, 2007, the additional amount retained by each permit holder under division (B) of this section shall be paid by check, draft, or money order to the tax commissioner, as a tax. The tax commissioner shall pay the amount of the tax received under this division to the state racing commission operating fund created by section 3769.03 of the Revised Code.
Sec. 3770.03. (A) The state lottery commission shall
promulgate rules under which a statewide lottery may be conducted.
The rules shall be promulgated pursuant to Chapter
119.
of the
Revised Code, except that
instant game rules
shall be
promulgated
pursuant to section 111.15 of the Revised
Code but
are not subject
to division (D) of that section.
Subjects
covered
in
these rules
shall include, but need not
be limited
to, the
following:
(1) The type of lottery to be conducted;
(2) The prices of tickets in the lottery;. No rule shall set a price that exceeds twenty dollars to purchase an individual lottery ticket.
(3) The number, nature, and value of prize awards, the
manner and frequency of prize drawings, and the manner in which
prizes shall be awarded to holders of winning tickets. No rule shall authorize drawings on a Sunday for any lottery game unless the rule is approved by an executive order of the governor.
(B) The commission shall promulgate
rules, in
addition to
those described in division (A) of this section,
pursuant
to
Chapter 119. of the Revised Code under which a
statewide lottery
and statewide joint lottery games may be
conducted. Subjects
covered in these rules shall include, but not
be limited
to, the
following:
(1) The locations at which lottery tickets may be
sold and
the manner in which they are to be sold.
These rules may
authorize
the sale of lottery tickets by commission personnel or
other licensed
individuals from traveling show wagons at the state
fair, and at any
other expositions the director
of the commission
considers acceptable.
These rules shall prohibit
commission
personnel or other licensed individuals from soliciting from an
exposition the right to sell lottery tickets at that exposition,
but shall
allow commission personnel or other licensed individuals
to sell lottery
tickets at an exposition if the exposition
requests commission personnel or
licensed individuals to do so.
These rules may also
address the accessibility of sales agent
locations to commission products in
accordance with the
"Americans
with Disabilities
Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101
et seq.
(2) The manner in which lottery sales revenues are to be
collected, including authorization for the director to impose
penalties for failure by
lottery sales agents to
transfer revenues
to the commission in a timely manner;
(3) The amount of compensation to be paid licensed lottery
sales agents;
(4) The substantive criteria for the licensing of lottery
sales agents consistent with section 3770.05 of the Revised Code,
and procedures for revoking or suspending
their licenses
consistent with Chapter 119. of the Revised Code. If
circumstances, such as the nonpayment of funds owed by a
lottery
sales agent,
or other circumstances related to the public safety,
convenience, or trust,
require immediate action, the director may
suspend a license without affording
an opportunity for a prior
hearing under section 119.07 of the Revised Code.
(5) Special game rules to implement any agreements signed by
the governor that the
director enters into with other lottery
jurisdictions under
division (J) of section 3770.02 of the Revised
Code to conduct
statewide joint lottery games. The rules shall
require that the
entire net proceeds of those games that remain,
after associated
operating expenses, prize disbursements, lottery
sales agent
bonuses, commissions, and reimbursements, and any
other expenses
necessary to comply with the agreements or the
rules are deducted
from the gross proceeds of those games, be
transferred to the
lottery profits education fund under division
(B) of section
3770.06 of the Revised Code.
(C) The commission may promulgate rules, in addition to those described in divisions (A) and (B) of this section, that establish standards governing the display of advertising and celebrity images on lottery tickets and on other items that are used in the conduct of, or to promote, the statewide lottery and statewide joint lottery games. Any revenue derived from the sale of advertising displayed on lottery tickets and on those other items shall be considered, for purposes of section 3770.06 of the Revised Code, to be related proceeds in connection with the statewide lottery or gross proceeds from statewide joint lottery games, as applicable.
(D)(1) The
commission shall meet with the
director
at
least once each month and shall
convene
other meetings at the
request of the
chairperson
or any five of the
members. No action
taken by the commission
shall be binding
unless at least five of
the members present vote
in favor
of the action. A written
record shall be made of
the proceedings of
each meeting and shall
be transmitted forthwith
to the governor,
the president of the
senate, the senate minority
leader, the
speaker of the house of
representatives, and the house
minority
leader.
(2) The director shall present to the commission a report
each
month, showing the total revenues, prize disbursements, and
operating expenses of the state lottery for the preceding month.
As soon as practicable after the end of each fiscal year, the
commission shall prepare and transmit to the governor and the
general assembly a report of lottery revenues, prize
disbursements, and operating expenses for the preceding fiscal
year and any recommendations for legislation considered
necessary
by the commission.
Sec. 3770.06. (A) There is hereby created the state
lottery
gross revenue fund, which shall be in the custody of the
treasurer
of state but shall not be part of the state treasury.
All gross
revenues received from sales of lottery tickets, fines,
fees, and
related proceeds
in connection with the statewide
lottery and all
gross proceeds from statewide joint lottery games
shall be
deposited into the fund. The
treasurer
of state shall
invest any
portion of the fund not
needed for
immediate use in the
same
manner as, and subject to
all provisions
of law with respect
to
the investment of, state
funds. The
treasurer of state shall
disburse money from the fund
on order of
the director of the state
lottery commission or the
director's
designee.
Except for
gross proceeds from statewide joint lottery games,
all revenues of
the state lottery gross revenue fund
that are not
paid to holders
of winning lottery tickets, that are
not required
to meet
short-term prize liabilities, that are not
credited to
lottery
sales
agents in the form of
bonuses,
commissions,
or
reimbursements,
that are not paid to
financial
institutions
to
reimburse
those institutions for sales
agent
nonsufficient
funds,
and that are collected from sales agents for remittance to
insurers under contract to provide sales agent bonding services
shall be
transferred to the state
lottery
fund, which is
hereby
created in
the state treasury.
In addition, all revenues of
the
state lottery
gross revenue fund that represent the gross
proceeds
from the
statewide joint lottery games and that are not
paid to
holders of
winning lottery tickets, that are not required
to meet
short-term
prize liabilities, that are not credited to lottery
sales
agents in
the form of bonuses, commissions, or
reimbursements, and
that are
not necessary to cover operating
expenses associated with
those
games or to otherwise comply with
the agreements signed by the
governor that the
director
enters
into under division (J) of
section 3770.02 of the
Revised
Code or
the rules the commission
adopts under division
(B)(5) of
section
3770.03 of the Revised
Code shall be transferred
to the
state
lottery fund. All
investment earnings of
the fund
shall be
credited to the fund.
Moneys shall be disbursed
from the
fund
pursuant to
vouchers
approved by the director.
Total
disbursements for monetary
prize
awards to holders of
winning
lottery tickets
in connection with
the statewide lottery and
purchases
of goods and services
awarded
as prizes to holders of
winning
lottery tickets shall be
of an
amount equal
to at least
fifty per cent of the total
revenue
accruing from the
sale of
lottery tickets.
(B) Pursuant to Section 6 of Article XV, Ohio
Constitution,
there is hereby established in the state treasury
the lottery
profits education fund. Whenever, in the judgment of
the director
of budget and management, the amount to the credit
of the state
lottery fund
that does not represent proceeds from statewide joint
lottery games is in excess of that needed to meet the
maturing
obligations of the commission and as working capital for
its
further operations, the director shall transfer the
excess to the
lottery profits education fund
in connection with the statewide
lottery.
In addition, whenever, in the
judgment of
the director
of budget and management, the amount to
the credit of
the state
lottery fund that represents proceeds from
statewide
joint lottery
games equals the entire net proceeds of
those games
as described
in division (B)(5) of section 3770.03 of
the Revised
Code and the
rules adopted under that division, the
director shall
transfer
those proceeds to the lottery profits
education fund. There
shall
also
be credited to the fund any
repayments of moneys
loaned from
the
educational excellence
investment fund.
Investment earnings
of the lottery profits
education fund shall be credited to the
fund.
The
lottery profits
education fund shall be used solely for
the
support of elementary,
secondary, vocational, and special
education programs as
determined in appropriations made by the
general assembly, or as
provided in applicable bond proceedings
for
the payment of debt
service on obligations issued to pay costs
of capital
facilities,
including those for a system of common
schools throughout the
state pursuant to section 2n of Article
VIII, Ohio Constitution.
When determining the
availability of
money in
the lottery profits
education fund, the director of
budget and
management may consider
all balances and estimated
revenues of
the fund.
From the amounts that the director of budget and management
transfers in any fiscal year from the state lottery fund to the
lottery profits education fund, the director shall transfer
the
initial ten million dollars of
those amounts from the lottery
profits
education fund to the school building program bond service
fund
created in division (Q) of section 3318.26 of the Revised
Code to
be pledged for the purpose of paying bond service charges
as
defined in division (C) of section 3318.21 of the Revised Code
on
one or more issuances of obligations, which obligations are
issued to provide moneys for the school building program
assistance fund created in section 3318.25 of the Revised Code.
(C) There is hereby established in the state treasury the
deferred prizes trust fund. With the approval of the director of
budget and management, an amount sufficient to fund annuity
prizes
shall be transferred from the state lottery fund and
credited to
the trust fund. The treasurer of state shall
credit all earnings
arising from investments purchased under this
division to the
trust
fund. Within sixty days after the end of each
fiscal year, the treasurer of state shall certify to the director of budget and management whether the actuarial amount of the trust fund is sufficient over the fund's life for continued funding of all remaining deferred prize liabilities as of the last day of the fiscal year just ended. Also, within that sixty days,
the
director of budget and management shall certify
the amount of
investment earnings necessary to have been credited
to the trust
fund during the fiscal year just ending to provide
for such continued
funding of deferred prizes. Any earnings credited
in excess of
this the latter certified amount shall be transferred to the
lottery profits
education fund.
To provide all or a part of the
amounts necessary
to fund
deferred prizes awarded by the
commission in connection with the
statewide lottery, the treasurer
of state, in consultation with
the
commission, may invest moneys
contained in the deferred prizes
trust fund which represents proceeds from the statewide lottery in
obligations of the
type permitted for the investment of state
funds but whose
maturities are thirty years or less.
Notwithstanding the requirements of any other section of the
Revised Code, to provide all or part of the amounts necessary to
fund deferred prizes awarded by the commission in connection with
statewide joint lottery games, the treasurer of state, in
consultation with the commission, may invest moneys in the trust
fund which represent proceeds derived from the statewide joint
lottery games in accordance with the rules the commission adopts
under division (B)(5) of section 3770.03 of the Revised Code.
Investments of the
trust fund are not subject to the provisions
of division
(A)(10) of section 135.143 of the Revised Code
limiting to
twenty-five
per cent the amount
of the state's total
average
portfolio that
may be invested in debt interests
and
limiting to
one-half of one
per cent the amount that may be
invested in
debt
interests of a
single issuer.
All purchases made under this division shall be effected on
a
delivery versus payment method and shall be in the custody of
the
treasurer of state.
The treasurer of state may retain an investment advisor, if
necessary. The commission shall pay any costs incurred by the
treasurer of state in retaining an investment advisor.
(D) The auditor of state shall conduct annual audits
of all
funds and
any other audits as the auditor of state or
the
general
assembly considers necessary. The auditor of state may
examine
all records, files, and other documents of the commission,
and
records of
lottery sales agents
that pertain to their
activities
as agents, for purposes of
conducting authorized
audits.
The state lottery commission shall establish an internal
audit program
before the beginning of each fiscal year, subject to
the approval of the
auditor of state. At the end of each fiscal
year, the commission shall
prepare and submit an annual report to
the auditor of state for the auditor of
state's review and
approval, specifying the internal audit work completed by
the end
of that fiscal year and reporting on compliance with the annual
internal audit program. The form and content of the report shall
be
prescribed by the auditor of state under division (C) of
section
117.20 of the Revised Code.
(E) Whenever, in the judgment of the director of budget and
management, an amount of net state lottery proceeds is necessary
to be applied
to the payment of debt service on obligations, all
as defined in sections
151.01 and 151.03 of the Revised Code, the
director shall transfer that amount directly from
the state
lottery fund or from the lottery profits education fund to the
bond
service fund defined in those sections. The provisions of
this division
are subject to any prior pledges
or obligation of
those amounts to the payment of bond service
charges as defined in
division
(C) of section 3318.21 of the
Revised Code, as referred
to in division (B)
of this section.
Sec. 3905.36. (A) Except as provided in divisions (B) and (C) of this section, every insured association, company,
corporation, or other person that enters, directly or
indirectly,
into any
agreements with any insurance company, association,
individual,
firm, underwriter, or Lloyd's, not authorized to do
business in
this state, whereby the insured shall procure,
continue, or renew
contracts of insurance covering subjects of
insurance resident,
located, or to be performed within this state,
with such
unauthorized insurance company, association, individual,
firm,
underwriter, or Lloyd's, for which insurance there is a
gross
premium,
membership fee, assessment, dues, or other consideration
charged
or collected, shall annually, on or before the
thirty-first day
of
January, return
to the superintendent of
insurance a
statement
under oath showing the name and address of
the insured,
name and
address of the insurer, subject of the
insurance,
general
description of the coverage, and amount of
gross premium, fee,
assessment, dues, or other consideration for
such insurance for
the preceding twelve-month period and shall at
the same time pay
to the treasurer of state a tax of five per cent
of such
gross premium,
fee, assessment, dues, or other
consideration,
after a deduction for return premium, if any, as
calculated on a
form prescribed by the treasurer of state. All
taxes
collected
under this section by the treasurer of
state shall
be paid
into
the general revenue fund. If the tax is not paid
when
due,
the
tax shall be increased by a penalty of twenty-five
per
cent.
An
interest charge computed as set forth
in section
5725.221 of the
Revised Code shall be made on the
entire sum of
the tax plus
penalty, which interest shall be
computed from the
date the tax is
due until it is paid.
For purposes of this
section, payment is
considered made when it is received by the
treasurer of state,
irrespective of any United
States postal
service marking
or other
stamp or mark indicating the date on
which the payment
may have
been mailed.
(B) This section does not
apply
to:
(1) Transactions in this state involving a policy
solicited,
written, and delivered outside this state covering
only subjects
of insurance not resident, located, or to be
performed in this
state at the time of issuance, provided such
transactions are
subsequent to the issuance of the policy;
(2) Attorneys-at-law acting on behalf of their clients in
the adjustment of claims or losses;
(3) Transactions involving policies issued by a captive insurer. For this purpose, a "captive insurer" means any of the following:
(a) An insurer owned by one or more individuals or organizations, whose exclusive purpose is to insure risks of one or more of the parent organizations or individual owners and risks of one or more affiliates of the parent organizations or individual owners;
(b) In the case of groups and associations, insurers owned by the group or association whose exclusive purpose is to insure risks of members of the group or association and affiliates of the members;
(c) Other types of insurers, licensed and operated in accordance with the captive insurance laws of their jurisdictions of domicile and operated in a manner so as to self-insure risks of their owners and insureds.
(4) Professional or medical liability insurance procured by a hospital organized under Chapter 3701. of the Revised Code or on behalf of an entity that manufactures, packages, and sells, as more than fifty per cent of the entity's business, pharmaceutical products for human use where the production, packaging, and sale of such products are subject to regulation by an agency of the United States;
(5) Insurance with an initial policy period of more than three years and that is procured to cover known events related to environmental remediation that occurred prior to the effective date of that insurance;
(6) Insurance procured on behalf of an entity that manufactures, packages, and sells, as more than fifty per cent of the entity's business, pharmaceutical products for human use where the production, packaging, and sale of such products are subject to regulation by an agency of the United States.
(C) In transactions that are subject to sections 3905.30 to 3905.35 of the Revised Code, each person licensed under section 3905.30 of the
Revised
Code shall pay to the treasurer
of state, on or before the
thirty-first day of
January of each year, five per
cent of the
balance of the gross premiums charged for insurance
placed or
procured under the license after a deduction for
return premiums,
as reported on a form prescribed by the
treasurer of state. The
tax shall be collected from the insured
by the surplus line broker
who placed or procured the policy of
insurance at the time the
policy is delivered to the insured.
No license issued under
section 3905.30 of the
Revised
Code shall be renewed until
payment
is made.
If the tax is not paid when due, the tax shall be
increased by a penalty of twenty-five per cent. An interest
charge computed as set forth in section 5725.221 of the Revised
Code shall be made on the entire sum of the tax plus penalty,
which interest shall be computed from the date the tax is due
until it is paid. For purposes of this section,
payment is
considered made
when it is received by the
treasurer of state,
irrespective of any
United
States postal service marking
or other
stamp or mark
indicating the date on which the payment
may have
been mailed.
Sec. 3923.281.
(A) As used in this section:
(1)
"Biologically based mental illness" means schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, paranoia and other psychotic disorders, obsessive-compulsive disorder, and panic disorder, as these terms are defined in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American psychiatric association.
(2)
"Policy of sickness and accident insurance" has the same meaning as in section 3923.01 of the Revised Code, but excludes
any hospital indemnity, medicare supplement, long-term care, disability income, one-time-limited-duration policy of not longer than six months, supplemental benefit, or other policy
that
provides coverage for specific diseases or
accidents only; any policy that provides coverage for workers' compensation claims compensable pursuant to Chapters 4121. and 4123. of the Revised Code; and any policy that provides coverage to beneficiaries enrolled in Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the medical assistance program or medicaid, as provided by the Ohio department of job and family services under Chapter 5111. of the Revised Code.
(B)
Notwithstanding section 3901.71 of the
Revised
Code,
and subject to division (E) of this section, every group
policy of sickness
and accident insurance shall provide
benefits
for the diagnosis
and treatment of biologically based mental illnesses on the same
terms and
conditions as, and
shall provide benefits no less
extensive than,
those provided
under the policy of sickness and
accident insurance
for the
treatment and diagnosis of all other
physical diseases and
disorders, if both of the following apply:
(1)
The biologically based mental illness is clinically diagnosed by a physician
authorized under Chapter 4731.
of the Revised
Code to practice
medicine and
surgery or osteopathic medicine and surgery; a
psychologist
licensed under Chapter 4732. of
the Revised
Code; a
professional clinical
counselor, professional counselor, or
independent social worker
licensed under Chapter 4757. of
the
Revised
Code; or a clinical nurse
specialist licensed under
Chapter 4723. of the
Revised
Code whose nursing specialty is
mental health.
(2)
The prescribed treatment is not experimental or
investigational, having proven its clinical effectiveness in
accordance with generally accepted medical standards.
(C)
Division
(B) of this section applies to
all coverages
and
terms and conditions of the policy of sickness
and accident
insurance, including, but not limited to, coverage
of inpatient
hospital services, outpatient services, and
medication; maximum
lifetime benefits; copayments; and
individual and family
deductibles.
(D)
Nothing in this
section shall be construed as
prohibiting
a sickness and
accident insurance company from taking
any of the
following
actions:
(1)
Negotiating separately with mental health care
providers
with regard to reimbursement rates and the delivery of
health care
services;
(2)
Offering policies that provide benefits solely for
the
diagnosis and treatment of biologically based mental illnesses;
(3)
Managing the provision of benefits for the diagnosis
or
treatment of biologically based mental illnesses through the use of pre-admission screening,
by requiring beneficiaries to obtain authorization prior to
treatment, or through the use of any other mechanism designed to
limit coverage to that treatment determined to be
necessary;
(4)
Enforcing the terms and conditions of a policy of
sickness and accident insurance.
(E) An insurer that offers a group any policy of sickness and accident insurance is not required to provide benefits for the diagnosis and treatment of biologically based mental illnesses pursuant to division (B) of this section if all of the following apply:
(1) The insurer submits documentation certified by an independent member of the American academy of actuaries to the superintendent of insurance showing that incurred claims for diagnostic and treatment services for biologically based mental illnesses for a period of at least six months independently caused the insurer's costs for claims and administrative expenses for the coverage of all other physical diseases and disorders to increase by more than one per cent per year.
(2) The insurer submits a signed letter from an independent member of the American academy of actuaries to the superintendent of insurance opining that the increase described in division (E)(1) of this section could reasonably justify an increase of more than one per cent in the annual premiums or rates charged by the insurer for the coverage of all other physical diseases and disorders.
(3) The superintendent of insurance makes the following determinations from the documentation and opinion submitted pursuant to divisions (E)(1) and (2) of this section:
(a) Incurred claims for diagnostic and treatment services for biologically based mental illnesses for a period of at least six months independently caused the insurer's costs for claims and administrative expenses for the coverage of all other physical diseases and disorders to increase by more than one per cent per year.
(b) The increase in costs reasonably justifies an increase of more than one per cent in the annual premiums or rates charged by the insurer for the coverage of all other physical diseases and disorders.
Any determination made by the superintendent under this division is subject to Chapter 119. of the Revised Code.
Sec. 4112.12. (A) There is hereby created the commission
on African-American males, which shall consist of not more than
forty-one twenty-three members as follows: the directors or their designees
of the departments of health, development, alcohol and drug
addiction services, and job and family services,
rehabilitation and
correction, mental health, and youth services; the
adjutant general or the adjutant general's designee; the
equal employment opportunity officer of the department of administrative
services
or the equal employment opportunity officer's designee; the
executive director or the executive director's designee of
the Ohio civil rights commission; the executive director or the executive
director's
designee of the
division of criminal justice services in the department of public safety; the superintendent of public
instruction; the chancellor or the chancellor's designee of
the Ohio board of
regents; two members of the house of representatives appointed by
the speaker of the house of representatives each of whom shall be members of different political parties; three and two members of the
senate appointed by the president of the senate; and not more
than twenty-three members appointed by the governor each of whom shall be members of different political parties.
The members
appointed by the governor shall include an additional member of the
governor's cabinet and at least one
representative of each of the following: the national
association for the advancement of colored people; the urban
league; an organization representing black elected officials; an
organization representing black attorneys; the black religious
community; the black business community; the nonminority business
community; and organized labor; at least one black medical
doctor, one black elected member of a school board, and one black
educator; and at least two representatives of local private
industry councils. The remaining members that may be appointed
by the governor shall be selected from elected officials, civic
and community leaders, and representatives of the employment,
criminal justice, education, and health communities who are members of the general assembly shall be nonvoting members. The Ohio state university African American and African studies community extension center, in consultation with the governor, shall appoint two members from the private corporate sector, at least four members from the public sector, and two members from the nonprofit sector.
(B) Terms of office shall be for three years,
with
each except that members of the general assembly appointed to the commission shall be members only so long as they are members of the general assembly. Each term ending ends on the same day of the same month as did the
term that it succeeds. Each member shall hold office from the
date of appointment until the end of the term for which
the member was appointed. Members may be reappointed. Vacancies shall
be filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the
expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
The commission annually shall elect a
chairperson from among its members.
(C) Members of the commission and members of subcommittees
appointed under division (B) of section 4112.13 of the Revised
Code shall not be compensated, but shall be reimbursed for their
necessary and actual expenses incurred in the performance of
their official duties.
(D)(1) The Ohio civil rights commission shall
serve as the commission on African-American males'
fiscal
agent and shall perform all of the following services:
(a) Prepare and process payroll and other personnel documents
that the commission on African-American males approves;
(b) Maintain ledgers of accounts and reports of account
balances, and monitor budgets and allotment plans in consultation with
the commission on African-American males;
(c) Perform other routine support services that the
executive
director of the Ohio civil rights commission or the executive
director's designee and the Commission on African-American males
or its designee consider appropriate to achieve efficiency.
(2) The Ohio civil rights commission shall not approve any
payroll or other personnel-related documents or any biennial
budget, grant, expenditure, audit, or fiscal-related document
without the advice and consent of the commission on
African-American
males.
(3) The Ohio civil rights commission shall determine fees to be
charged to the commission on African-American males for
services performed under this division, which shall be in proportion to the
services performed for the commission on African-American
males.
(4) The commission on African-American males or its
designee
has:
(a) Sole authority to draw funds for any federal
program in
which the commission is authorized to participate;
(b) Sole authority to expend funds from accounts for programs
and any other necessary expenses the commission on
African-American
males may incur;
(c) The duty to cooperate with the Ohio civil rights commission
to ensure that the Ohio civil rights commission is fully apprised
of all financial transactions.
(E) The Ohio state university African American and African studies community extension center, in consultation with the governor, shall appoint an executive director of the commission on African-American males shall appoint an
executive director, who shall be in the unclassified civil
service. The executive director shall supervise the commission's
activities and report to the commission and to the Ohio state university African American and African studies community extension center on the progress of those
activities. The executive director shall do all things necessary
for the efficient and effective implementation of the duties of
the commission.
The responsibilities assigned to the executive director do not
relieve the members of the commission from final responsibility for the
proper performance of the requirements of this division.
(F)(E) The commission on African-American males
shall do all of the following:
(1) Employ, promote, supervise, and remove all employees, as
needed, in connection with the performance of its duties under this
section;
(2) Maintain its office in Columbus;
(3) Acquire facilities, equipment, and supplies necessary to
house the commission, its employees, and files and records under its
control, and to discharge any duty imposed upon it by law. The expense of
these acquisitions shall be audited and paid for in the same
manner as other state expenses.
(4) Prepare and submit to the office of budget and management a
budget for each biennium in accordance with sections 101.55 and 107.03 of the Revised Code.
The budget submitted shall cover the costs of
the commission and its staff in the discharge of any duty imposed upon the
commission by law. The commission shall pay its own
payroll and other operating expenses from appropriation items
designated by the general assembly. The commission shall not
delegate any authority to obligate funds.
(5) Establish the overall policy and management of the
commission in accordance with this chapter;
(6)(5) Follow all state procurement requirements;
(7) Pay fees owed to the Ohio civil rights commission under
division (D) of this section from the commission on
African-American males' general revenue fund or from any
other fund from which the operating
expenses of the commission on African-American males are
paid.
Any amounts set aside for a fiscal year for the payment of such fees shall be
used only for the services performed for the
commission on African-American males by the Ohio
civil rights commission in that fiscal year (6) Implement the policies and plans of the Ohio state university African American and African studies community extension center as those policies and plans are formulated and adopted by the Ohio state university African American and African studies community extension center;
(7) Report to the Ohio state university African American and African studies community extension center on the progress of the commission on African-American males in implementing the policies and plans of the Ohio state university African American and African studies community extension center.
(G)(F) The commission on African-American males
may:
(1) Hold sessions at any place within the state, except that the commission on African-American males shall meet at least quarterly;
(2) Establish, change, or abolish positions, and assign and
reassign duties and responsibilities of any employee of the commission
on African-American males as necessary to achieve the most
efficient performance of its functions.
(G) The Ohio state university African American and African studies community extension center shall establish the overall policy and management of the commission on African-American males and shall direct, manage, and oversee the commission. The Ohio state university African American and African studies community extension center shall develop overall policies and plans, and the commission on African-American males shall implement those policies and plans. The commission on African-American males, through its executive director, shall keep the Ohio state university African American and African studies community extension center informed as to the activities of the commission on African-American males in such manner and at such times as the Ohio state university African American and African studies community extension center shall determine.
The Ohio state university African American and African studies community extension center may prescribe duties and responsibilities of the commission on African-American males in addition to those prescribed in section 4112.13 of the Revised Code.
(H) The Ohio state university African American and African studies community extension center annually shall contract for a report on the status of African-Americans in this state. Issues to be evaluated in the report shall include the criminal justice system, education, employment, health care, and housing, and such other issues as the Ohio state university African American and African studies community extension center may specify. The report shall include policy recommendations relating to the issues covered in the report.
Sec. 4112.13. (A) The In addition to any duties and responsibilities that the Ohio state university African American and African studies community extension center may prescribe for the commission on African-American males under section 4112.12 of the Revised Code, the commission on African-American
males shall do all of the following:
(1) Oversee and supervise four separate and distinct
subcommittees devoted to solving problems and advancing
recommendations exclusively pertinent to black males in the areas
of unemployment, criminal justice, education, and health;
(2) Conduct research to determine the nature and extent of
the problems concerning black males in the four areas targeted in
division (A)(1) of this section;
(3) Hold public hearings for the purpose of collecting
data;
(4) Identify existing federal, state, and local programs
that address problems and solutions relevant to the four targeted
areas of study;
(5) Implement appropriate new programs and demonstration
projects especially designed for black males;
(6) Develop and implement community education and public
awareness programs especially designed for black males;
(7) Develop strategies to improve the social condition of
black males;
(8) Report to the governor, the general assembly, the
auditor of state, the secretary of state, the attorney general,
and the chief justice of the Ohio supreme court at least
biennially on the activities, findings, and recommendations of
the commission;
(9) Accept gifts, grants, donations, contributions,
benefits, and other funds from any public agency or private
source to carry out any or all of the commission's powers or
duties. Such funds shall be deposited in the commission on
African-American males fund, which is hereby created in the state
treasury. All gifts, grants, donations, contributions, benefits,
and other funds received by the commission under division (A)(9)
of this section, when appropriated to the commission, shall be
used solely to support the operations of the commission.
(B) The chairman chairperson of the commission may appoint any
number
of individuals to serve on the subcommittees created in division
(A)(1) of this section. Members of subcommittees serve at the
discretion of the chairman chairperson.
Sec. 4141.09. (A) There is hereby created an unemployment
compensation fund to be administered by the state without
liability on the part of the state beyond the amounts paid into
the fund and earned by the fund. The unemployment compensation
fund shall consist of all contributions, payments in lieu of
contributions described in sections 4141.241 and 4141.242 of the
Revised Code, reimbursements of the federal share of extended
benefits described in section 4141.301 of the Revised Code,
collected under sections 4141.01 to 4141.46 of the Revised Code,
together with all interest earned upon any moneys deposited with
the secretary of the treasury of the United States to the credit
of the account of this state in the unemployment trust fund
established and maintained pursuant to section 904 of the
"Social
Security Act," any property or securities acquired through the
use
of moneys belonging to the fund, and all earnings of such
property
or securities. The unemployment compensation fund shall
be used
to pay benefits and refunds as provided by such sections
and for
no other purpose.
(B) The treasurer of state shall be the custodian of the
unemployment compensation fund and shall administer such fund in
accordance with the directions of the director of
job and family
services. All
disbursements therefrom shall be
paid by the
treasurer of state on warrants drawn by the
director. Such
warrants may bear the facsimile
signature of
the director printed
thereon and that of a deputy
or other
employee of the director
charged with the duty of
keeping
the account of the unemployment
compensation fund and with the
preparation of warrants for the
payment of benefits to the
persons entitled thereto. Moneys in
the clearing and benefit
accounts shall not be commingled with
other state funds, except
as provided in division (C) of this
section, but shall be
maintained in separate accounts on the books
of the depositary
bank. Such money shall be secured by the
depositary bank to the
same extent and in the same manner as
required by sections 135.01
to 135.21 of the Revised Code; and
collateral pledged for this
purpose shall be kept separate and
distinct from any collateral
pledged to secure other funds of this
state. All sums recovered
for losses sustained by the
unemployment compensation fund shall
be deposited therein. The
treasurer of state shall be liable on
the treasurer's official
bond for the faithful performance of
the treasurer's duties in
connection with the unemployment compensation fund, such
liability
to exist in addition to any liability upon any separate
bond.
(C) The treasurer of state shall maintain within the
unemployment compensation fund three separate accounts which
shall
be a clearing account, an unemployment a trust fund account,
and a
benefit account. All moneys payable to the unemployment
compensation fund, upon receipt thereof by the
director,
shall be
forwarded to the treasurer of state, who shall
immediately deposit
them in the clearing account. Refunds of
contributions, or
payments in lieu of contributions, payable
pursuant to division
(E) of this section may be paid from the
clearing account upon
warrants signed by a deputy or other
employee of the director
charged with the duty of
keeping
the record of the clearing
account and with the preparation of
warrants for the payment of
refunds to persons entitled thereto.
After clearance thereof, all
moneys in the clearing account shall
be deposited with the
secretary of the treasury of the United
States to the credit of
the account of this state in the
unemployment trust fund
established and maintained pursuant to
section 904 of the
"Social
Security Act," in accordance with
requirements of the
"Federal
Unemployment Tax Act," 53 Stat. 183
(1939), 26 U.S.C.A. 3301,
3304(a)(3), any law in this state relating
to
the deposit,
administration, release, or disbursement of moneys
in the
possession or custody of this state to the contrary
notwithstanding. The benefit account shall consist of all moneys
requisitioned from this state's account in the unemployment trust
fund. Federal funds, other than funds received by the
director
under divisions (I) and (J) of this section,
received for payment
of federal benefits may
be deposited, at the director's discretion, into the benefit account. Any funds deposited into the benefit account shall be disbursed
solely for payment of
benefits under a federal program
administered by this state. Moneys so
requisitioned shall be used
solely for the payment of
benefits and for no other purpose.
Moneys in the clearing and
benefit accounts may be deposited by
the treasurer of state,
under the direction of the director, in
any bank
or public
depositary in which general funds of the state
may be deposited,
but no public deposit insurance charge or
premium shall be paid
out of the fund.
(D) Moneys shall be requisitioned from this state's
account
in the unemployment trust fund solely for the payment of
benefits
and in accordance with regulations prescribed by the
director.
The
director shall requisition from the
unemployment trust fund
such
amounts, not exceeding the amount
standing to this state's
account
therein, as are deemed necessary
for the payment of
benefits for a
reasonable future period. Upon
receipt thereof,
the treasurer of
state shall deposit such moneys
in the benefit
account.
Expenditures of such money in the
benefit account and
refunds from
the clearing account shall not
require specific
appropriations or
other formal release by state
officers of money
in their custody.
Any balance of moneys
requisitioned from the
unemployment trust
fund which remains
unclaimed or unpaid in the
benefit account
after the expiration
of the period for which such
sums were
requisitioned shall either
be deducted from estimates
for and may
be utilized for the
payment of benefits during
succeeding periods,
or, in the
discretion of the director, shall
be redeposited
with
the
secretary of the treasury of the United
States to the credit
of
this state's account in the unemployment
trust fund, as
provided
in division (C) of this section.
Unclaimed or unpaid
federal
funds redeposited with the secretary
of the treasury of
the
United States shall be credited to the
appropriate federal
account.
(E) No claim for an adjustment or a refund on
contribution,
payment in lieu of contributions, interest, or
forfeiture alleged
to have been erroneously or illegally assessed
or collected, or
alleged to have been collected without
authority, and no claim for
an adjustment or a refund of any sum
alleged to have been
excessive or in any manner wrongfully
collected shall be allowed
unless an application, in writing,
therefor is made within four
years from the date on which such
payment was made. If the
director
determines that
such
contribution, payment in lieu of
contributions,
interest, or
forfeiture, or any portion
thereof, was
erroneously collected,
the director shall allow such employer to
make an
adjustment
thereof without interest in connection with
subsequent
contribution payments, or payments in lieu of
contributions, by
the employer, or the director may refund said
amount, without
interest, from the clearing account of the
unemployment
compensation fund, except as provided in division (B)
of section
4141.11 of the Revised Code. For like cause and within
the same
period, adjustment or refund may be so made on the
director's own initiative. An overpayment of
contribution,
payment in lieu of contributions, interest, or forfeiture for
which an employer has not made application for refund prior to
the
date of sale of the employer's business shall accrue to
the
employer's successor in
interest.
An application for an adjustment or a refund, or any
portion
thereof, that is rejected is binding upon the employer
unless,
within thirty days after the mailing of a written notice
of
rejection to the employer's last known address, or, in the
absence
of mailing of such notice, within thirty days after the
delivery
of such notice, the employer files an application for a
review and
redetermination setting forth the reasons therefor.
The director
shall promptly examine the
application for
review and
redetermination, and if a review is granted, the
employer shall be
promptly notified thereof, and shall be granted
an opportunity for
a prompt hearing.
(F) If the director finds that contributions have
been paid
to the director in
error, and that
such contributions should have
been paid to a department of
another state or of the United States
charged with the
administration of an unemployment compensation
law, the
director may upon request by such department or
upon the
director's own
initiative transfer to such department the amount
of such
contributions, less any benefits paid to claimants whose
wages
were the basis for such contributions. The
director may
request and receive from such department any contributions or
adjusted contributions paid in error to such department which
should have been paid to the director.
(G) In accordance with section 303(c)(3) of the Social
Security Act, and section 3304(a)(17) of the Internal Revenue
Code
of 1954 for continuing certification of Ohio unemployment
compensation laws for administrative grants and for tax credits,
any interest required to be paid on advances under Title XII of
the Social Security Act shall be paid in a timely manner and
shall
not be paid, directly or indirectly, by an equivalent
reduction in
the Ohio unemployment taxes or otherwise, by the
state from
amounts in the unemployment compensation fund.
(H) The treasurer of state, under the direction of the
director and in accordance with the
"Cash
Management
Improvement
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503,
shall deposit
amounts of interest earned by the state on funds in
the benefit
account established pursuant to division (C) of this
section into
the department of job
and family
services banking fees fund,
which
is hereby created in the state treasury for the purpose of
paying
related banking costs incurred by the state for the period
for
which the interest is calculated, except that if the
deposited
interest exceeds the banking costs incurred by the
state for the
period for which the interest is calculated, the
treasurer of
state shall deposit the excess interest into the
unemployment
trust fund.
(I) The treasurer of state, under the direction of
the
director, shall deposit federal funds received
by the
director for the payment of benefits, job search, relocation, transportation, and subsistence allowances
pursuant to the
"Trade Act of 1974," 88
Stat. 1978, 19 U.S.C.A.
2101, as amended; the "North American Free Trade Implementation Act of 1993," 107 Stat. 2057, 19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. 3801, as amended, into the
Trade Act benefit account, which is hereby
created
for the purpose of making payments specified under those acts.
(J) The treasurer of state, under the direction of
the
director, shall deposit federal funds received by
the
director for training and administration and for payment of benefits, job search, relocation, transportation, and subsistence allowances
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, as amended; the
"North American Free
Trade Agreement
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. 3801, as amended, into
the Trade Act training and administration account, which
is hereby created for
the purpose of making payments specified
under those acts. The treasurer of state, under the direction of the director, may transfer funds from the Trade Act training and administration account to the benefit account for the purpose of making any payments directly to claimants for benefits, job search, relocation, transportation, and subsistence allowances, as specified by those acts.
Sec. 4301.20. This chapter and Chapter 4303. of the Revised Code
do not prevent the following:
(A) The storage of intoxicating liquor in bonded
warehouses, established in accordance with the acts of congress
and under the regulation of the United States, located in this
state, or the transportation of intoxicating liquor to or from
bonded warehouses of the United States wherever located;
(B) A bona fide resident of this state who is the owner of
a warehouse receipt from obtaining or transporting to the
resident's residence for the resident's own
consumption and not for resale spirituous liquor stored in a government bonded
warehouse in this state or in another state prior to December 1933,
subject
to such terms as are prescribed by the division of liquor control;
(C) The manufacture of cider from fruit for the purpose of
making vinegar, and nonintoxicating cider and fruit juices for
use and sale;
(D) A licensed physician or dentist from administering or
dispensing intoxicating liquor or alcohol to a patient in good
faith in the actual course of the practice of the physician's or
dentist's profession;
(E) The sale of alcohol to physicians, dentists,
druggists, veterinary surgeons, manufacturers, hospitals,
infirmaries, or medical or educational institutions using the
alcohol for medicinal, mechanical, chemical, or scientific purposes;
(F) The sale, gift, or keeping for sale by druggists and
others of any of the medicinal preparations manufactured in
accordance with the formulas prescribed by the United States
Pharmacopoeia and National Formulary, patent or proprietary
preparations, and other bona fide medicinal and technical
preparations, which contain no more alcohol than is necessary to
hold the medicinal agents in solution and to preserve the same,
which are manufactured and sold as medicine and not as beverages,
are unfit for use for beverage purposes, and the sale of which
does not require the payment of a United States liquor dealer's
tax;
(G) The manufacture and sale of tinctures or of toilet,
medicinal, and antiseptic preparations and solutions not intended
for internal human use nor to be sold as beverages, and which are
unfit for beverage purposes, if upon the outside of each bottle,
box, or package of which there is printed in the English
language, conspicuously and legibly, the quantity by volume of
alcohol in the preparation or solution;
(H) The manufacture and keeping for sale of the food
products known as flavoring extracts when manufactured and sold
for cooking, culinary, or flavoring purposes, and which are unfit
for use for beverage purposes;
(I) The lawful sale of wood alcohol or of ethyl alcohol
for external use when combined with other substances as to
make it unfit for internal use;
(J) The manufacture, sale, and transport of ethanol or ethyl alcohol for use as fuel. As used in this division, "ethanol" has the same meaning as in section 5733.46 of the Revised Code.
(K) The purchase and importation into this state of
intoxicating liquor for use in manufacturing processes of
nonbeverage food products under terms prescribed by
the division, provided that the terms prescribed by the
division shall not increase the cost of the intoxicating
liquor to any person, firm, or corporation purchasing and
importing it into this state for that use;
(K)(L) Any resident of this state or any member of the armed
forces of the United States, who has attained the age of
twenty-one years, from bringing into this state, for personal use
and not for resale, not more than one liter of spirituous
liquor
in any thirty-day period, and the same is free of any tax consent
fee when the resident or member of the armed forces physically
possesses and accompanies the spirituous liquor on returning
from a foreign country, another state, or an insular possession
of the United States;
(L)(M) Persons, at least twenty-one years of age, who collect
ceramic commemorative bottles containing spirituous liquor which that
have unbroken federal tax stamps on them from selling or trading
the bottles to other collectors. The bottles must shall originally
have been purchased at retail from the division, legally imported under
division (K)(L) of this section, or
legally imported pursuant to a supplier registration issued by the
division. The sales shall be for the
purpose of exchanging a ceramic commemorative bottle between
private collectors and shall not be for the purpose of selling
the spirituous liquor for personal consumption. The sale or
exchange authorized by this division shall not occur on the
premises of any permit holder, shall not be made in connection
with the business of any permit holder, and shall not be made in
connection with any mercantile business.
Sec. 4301.24. Except as provided in section 4301.242 of the Revised Code, no manufacturer shall aid or assist the
holder
of any permit for sale at wholesale, and no manufacturer or
wholesale distributor shall aid or assist the holder of any
permit
for sale at retail, by gift or loan of any money or
property of
any description or other valuable thing, or by giving
premiums or
rebates. Except as provided in section 4301.242 of the Revised Code, no holder of any such permit shall accept
the same,
provided that the manufacturer or wholesale distributor
may
furnish to a retail permittee the inside signs or advertising
and
the tap signs or devices authorized by divisions (E) and (F)
of
section 4301.22 of the Revised Code.
No manufacturer shall have any financial interest, directly
or indirectly, by stock ownership, or through interlocking
directors in a corporation, or otherwise, in the establishment,
maintenance, or promotion in the business of any wholesale
distributor. No retail permit holder shall have any interest,
directly or indirectly, in the operation of, or any ownership in,
the business of any wholesale distributor or manufacturer.
No manufacturer
shall, except as
authorized by section
4303.021 of the Revised Code, have any
financial interest,
directly or indirectly, by stock ownership,
or
through
interlocking directors in a corporation, or otherwise,
in
the
establishment, maintenance, or promotion of the business
of
any
retail dealer. No wholesale distributor or
employee of a
wholesale
distributor shall have any financial
interest, directly
or
indirectly, by stock ownership, interlocking
directors in a
corporation, or otherwise, in the establishment,
maintenance, or
promotion of the business of any retail dealer.
No
manufacturer
or
wholesale
distributor or any stockholder
of a
manufacturer or
wholesale distributor
shall acquire, by ownership
in
fee,
leasehold,
mortgage, or otherwise, directly or indirectly,
any
interest in
the premises
on which the business of any other
person
engaged in the business of trafficking in beer or
intoxicating
liquor is conducted. All contracts, covenants,
conditions, and
limitations whereby any person engaged or
proposing to engage in
the sale of beer or intoxicating liquors
promises to confine the
person's sales of a particular kind
or
quality of beer or
intoxicating liquor to one or more products, or
the
products of a
specified manufacturer or wholesale distributor,
or
to give
preference to
those products, shall to the extent of
that
promise be void. The making of
a promise in any such
form
shall be cause for the revocation or suspension of any
permit
issued to any party. This section does not prevent the
holder of
an A permit from securing and holding a wholesale
distributor's
permit or permits and operating as a wholesale
distributor.
No manufacturer shall sell or offer to sell to any
wholesale
distributor or retail permit holder,
no wholesale
distributor
shall sell or offer to sell to any retail permit
holder, and no
wholesale distributor or retail permit holder
shall purchase or
receive from any manufacturer or wholesale
distributor, any
beer,
brewed beverages, or wine manufactured in
the United
States
except
for cash. No right of action shall
exist to collect
any
claims
for credit extended contrary to this
section. This
section
does
not prohibit a licensee from
crediting to a purchaser
the
actual
prices charged for packages
or containers returned by
the
original
purchaser as a credit on
any sale or from refunding
to
any
purchaser the amount paid by
that purchaser for
containers
or as
a deposit on containers when
title is retained by
the
vendor, if
those containers or packages
have been
returned to the
manufacturer or distributor. This
section does
not prohibit a
manufacturer from extending usual and
customary
credit for
beer,
brewed beverages, or wine
manufactured in the
United States
and
sold to customers who live
or maintain places of
business
outside
this state when the
beverages so
sold are
actually
transported and
delivered to points outside
this
state.
No
wholesale or retail
permit shall be issued to an
applicant
unless
the applicant has
paid in full all accounts for
beer
or wine, manufactured in the
United
States,
outstanding
as of September 6, 1939. No beer
or
wine
manufactured in the United States shall be
imported into the
state
unless the
beer
or wine has been paid
for in
cash,
and no
supplier registration for any such beer
or
wine
manufactured in the
United States shall be
issued by the
division of liquor control
until the A-2, B-1, or
B-5
permit
holder establishes to the
satisfaction of the
division
that the
beer
or wine has been paid
for in
cash.
This section does not prevent a manufacturer from securing
and holding any
financial interest, directly or indirectly, by
stock ownership or through
interlocking directors in a
corporation, or otherwise, in the establishment,
maintenance, or
promotion of the business or premises of any C or
D permit holder,
provided that the following conditions are met:
(A) Either the manufacturer or one of its parent companies
is
listed on a national securities exchange.
(B) All purchases of alcoholic beverages by the C or
D
permit holder are made from wholesale distributors in this state
or
agency stores licensed by the division of liquor control.
(C) If the C or D permit holder sells brands of
alcoholic
beverages that are produced or distributed by the manufacturer
that
holds the financial interest, the C or D permit holder also
sells other competing brands of alcoholic beverages produced by
other
manufacturers, no preference is given to the products of the
manufacturer, and
there is
no exclusion, in whole or in part, of
products sold or offered for sale by
other manufacturers,
suppliers, or importers of alcoholic beverages that
constitutes a
substantial impairment of commerce.
(D) The primary purpose of the C or D permit
premises is a
purpose other than to sell alcoholic beverages, and the sale of
other goods and services exceeds fifty per cent of the total gross
receipts of
the C or D permit holder at its premises.
This section does not prevent a manufacturer from giving
financial assistance to the holder of a B permit for the purpose
of the holder purchasing an ownership interest in the business,
existing inventory and equipment, or property of another B permit
holder, including, but not limited to, participation in a limited
liability partnership, limited liability company, or any other
legal entity authorized to do business in this state. This section
does not permit a manufacturer to give financial assistance to the
holder of a B permit to purchase inventory or equipment used in
the daily operation of a B permit holder.
This section does not prevent a manufacturer from securing and holding a B-2a permit or permits and operating as a wholesale distributor.
Sec. 4301.43. (A) As used in sections 4301.43 to
4301.50 of
the Revised Code:
(1)
"Gallon" or
"wine gallon" means one
hundred twenty-eight
fluid ounces.
(2)
"Sale" or
"sell" includes exchange, barter,
gift,
distribution, and, except with respect to A-4 permit holders,
offer for sale.
(B) For the purposes of providing revenues for the
support
of the state and encouraging the grape industries in the state, a
tax is hereby levied on the sale or distribution of wine in Ohio,
except for known sacramental purposes, at the rate of thirty
cents
per wine gallon for wine containing not less than four per
cent of
alcohol by volume and not more than fourteen per cent of
alcohol
by volume, ninety-eight cents per wine gallon for wine
containing
more than fourteen per cent but not more than
twenty-one per cent
of alcohol by volume, one dollar and eight cents per wine gallon
for vermouth, and one dollar and
forty-eight cents per wine gallon
for sparkling and carbonated
wine and champagne, the tax to be
paid by the holders of A-2 and
B-5 permits or by any other person
selling or distributing wine
upon which no tax has been paid.
From
the tax paid under
this section on wine, vermouth, and
sparkling
and carbonated wine
and champagne, the treasurer of
state shall
credit to the Ohio
grape industries fund created under
section
924.54 of the Revised
Code a sum equal to one cent per
gallon for
each gallon upon
which the tax is paid.
(C) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on prepared and bottled
highballs, cocktails, cordials, and other mixed beverages at the
rate of one dollar and twenty cents per wine gallon to be paid by
holders of A-4 permits or by any other person selling or
distributing those products upon which no tax has been paid. Only
one sale of the same article shall be used in computing the
amount
of tax due. The tax on mixed beverages to be paid by
holders of
A-4 permits under this section shall not attach until
the
ownership of the mixed beverage is transferred for valuable
consideration to a wholesaler or retailer, and no payment of the
tax shall be
required prior to that time.
(D) During the period
of July 1,
2005 2007,
through June 30,
2007 2009, from the tax paid under this section
on wine, vermouth, and
sparkling and carbonated wine and
champagne, the
treasurer of
state shall credit to the Ohio grape
industries fund created under
section 924.54 of the Revised Code a
sum equal to two cents per
gallon upon
which the tax is paid. The
amount credited under this
division is in addition
to the amount
credited to the Ohio grape
industries fund under division (B) of
this section.
(E) For the purpose of providing revenues for the support of
the
state, there
is hereby levied a tax on cider at the rate of
twenty-four cents per wine
gallon to be paid by the holders of A-2
and B-5 permits or
by any other person selling or distributing
cider upon which no tax has been
paid. Only one sale of the same
article shall be used in computing the amount
of the tax due.
Sec. 4303.03. Permit A-2 may be
issued to a manufacturer to manufacture wine from grapes or other
fruits; to import and
purchase wine in
bond for blending purposes, the total amount of wine so imported
during the year covered by the permit not to exceed forty per
cent of all the wine manufactured and imported; to manufacture,
purchase, and import brandy for fortifying purposes; and to sell
those products either in glass or container for consumption on the
premises where manufactured, for home use, in sealed containers for consumption off the premises where manufactured, and to retail and
wholesale permit holders under the rules adopted by the
division of liquor control.
The fee for this permit is
one hundred twenty-six seventy-six dollars for each plant to which this permit is issued.
Sec. 4303.071. (A)(1) Except as otherwise provided in division (A)(2) of this section, permit B-2a may be issued to a person that manufactures wine, is the brand owner or United States importer of wine, or is the designated agent of a brand owner or importer for all wine sold in this state for that owner or importer. If the person resides outside this state, the person shall comply with the requirements governing the issuance of licenses or permits that authorize the sale of intoxicating liquor by the appropriate authority of the state in which the person resides or by the tax and trade bureau in the United States department of the treasury.
(2) A B-2a permit shall only be issued to a manufacturer of wine that is entitled to a tax credit under 27 C.F.R. 24.278 and that produces less than one hundred fifty thousand gallons of wine per year.
(3) The fee for the B-2a permit is twenty-five dollars.
(4) The holder of a B-2a permit may sell wine to a retail permit holder, but a B-2a permit holder that is a wine manufacturer may sell to a retail permit holder only wine that the B-2a permit holder has manufactured.
(5) The holder of a B-2a permit shall renew the permit in accordance with section 4303.271 of the Revised Code, except that renewal shall not be subject to the notice and hearing requirements established in division (B) of that section.
(B) The holder of a B-2a permit shall collect and pay all applicable taxes relating to the delivery of a wine to a retailer including, but not limited to, taxes levied under sections 4301.421 and 4301.43 and Chapters 5739. and 5741. of the Revised Code.
(C) The holder of a B-2a permit shall comply with this chapter, Chapter 4301. of the Revised Code, and any rules adopted by the liquor control commission under section 4301.03 of the Revised Code.
Sec. 4303.232. (A)(1) Except as provided in division (A)(2) of this section, permit S may be issued to a person that manufactures wine, is the brand owner or United States importer of wine, or is the designated agent of a brand owner or importer for all wine sold in this state for that owner or importer. If the person resides outside this state, the person shall comply with the requirements governing the issuance of licenses or permits that authorize the sale of intoxicating liquor by the appropriate authority of the state in which the person resides or by the tax and trade bureau of the United States department of the treasury.
(2) An S permit shall only be issued to a manufacturer of wine that is entitled to a tax credit under 27 C.F.R. 24.278 and that produces less than one hundred fifty thousand gallons of wine per year.
(3) The fee for the S permit is twenty-five dollars.
(4) The holder of an S permit may sell wine to a personal consumer by receiving and filling orders that the personal consumer submits to the permit holder. The permit holder shall sell only wine that the permit holder has manufactured to a personal consumer.
(5) The holder of an S permit shall renew the permit in accordance with section 4303.271 of the Revised Code, except that the renewal shall not be subject to the notice and hearing requirements established in division (B) of that section.
(6) The division of liquor control may refuse to renew an S permit for any of the reasons specified in section 4303.292 of the Revised Code or if the holder of the permit fails to do any of the following:
(a) Collect and pay all applicable taxes specified in division (B) of this section;
(c) Comply with this section or any rules adopted by the liquor control commission under section 4301.03 of the Revised Code.
(B) The holder of an S permit shall collect and pay all applicable taxes relating to the delivery of wine to a personal consumer, including, but not limited to, taxes levied under sections 4301.421 and 4301.43 and Chapters 5739. and 5741. of the Revised Code.
(C)(1) The holder of an S permit shall send a shipment of wine that has been paid for by a personal consumer to that personal consumer via the holder of an H permit. Prior to sending a shipment of wine to a personal consumer, the holder of an S permit, or an employee of the permit holder, shall make a bona fide effort to ensure that the personal consumer is at least twenty-one years of age. The shipment of wine shall be shipped in a package that clearly has written on it in bold print the words "alcohol enclosed." No person shall fail to comply with division (C)(1) of this section.
(2) Upon delivering a shipment of wine to a personal consumer, the holder of the H permit, or an employee of the permit holder, shall verify that the personal consumer is at least twenty-one years of age by checking the personal consumer's driver's or commercial driver's license or identification card issued under sections 4507.50 to 4507.52 of the Revised Code.
(3) The holder of an S permit shall keep a record of each shipment of wine that the permit holder sends to a personal consumer. The records shall be used for all of the following:
(a) To provide a copy of each wine shipment invoice to the tax commissioner in a manner prescribed by the commissioner. The invoice shall include the name of each personal consumer that purchased wine from the S permit holder in accordance with this section and any other information required by the tax commissioner.
(b) To provide annually in electronic format by electronic means a report to the division. The report shall include the name and address of each personal consumer that purchased wine from the S permit holder in accordance with this section, the quantity of wine purchased by each personal consumer, and any other information requested by the division. The division shall prescribe and provide an electronic form for the report and shall determine the specific electronic means that the S permit holder must use to submit the report.
(c) To notify a personal consumer of any health or welfare recalls of the wine that has been purchased by the personal consumer.
(D) As used in this section, "personal consumer" means an individual who is at least twenty-one years of age, is a resident of this state, does not hold a permit issued under this chapter, and intends to use wine purchased in accordance with this section for personal consumption only and not for resale or other commercial purposes.
Sec. 4303.233. No family household shall purchase more than twenty-four cases of nine-liter bottles of wine in one year.
Sec. 4503.06. (A) The owner of each manufactured
or mobile
home that has acquired situs in this state
shall pay either a real
property tax pursuant to
Title LVII of the Revised Code or a
manufactured home tax
pursuant to division (C) of
this section.
(B) The owner of a manufactured or
mobile home shall pay
real property taxes if either of the
following applies:
(1) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred on or after
January
1, 2000, and all of the
following apply:
(a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code.
(b) The home is located on land that is owned by
the owner
of the home.
(c) The certificate of title has been inactivated by
the
clerk of the court of common pleas that issued it,
pursuant to
division (H) of section 4505.11 of the Revised
Code.
(2) The manufactured or mobile home acquired situs in the
state or ownership in the home was transferred before
January 1,
2000, and all of the
following apply:
(a) The home is affixed to a permanent foundation
as defined
in division (C)(5)
of section 3781.06 of the Revised Code.
(b) The home is located on land that is owned by
the owner
of the home.
(c) The owner of the home has elected to have the
home taxed
as real property and, pursuant to section 4505.11 of
the Revised
Code, has surrendered the
certificate of title to the
auditor of
the county containing the taxing district in
which the home has
its situs, together with proof that all taxes
have been paid.
(d) The county auditor has placed the
home on the real
property tax list and delivered the certificate
of title to the
clerk of the court of common pleas
that issued it and the clerk
has inactivated the certificate.
(C)(1) Any mobile or manufactured home that
is not taxed as
real property as provided in division
(B) of this section is
subject to an annual manufactured home tax, payable by the owner,
for
locating the
home in this state. The tax as levied in this
section is for the purpose of
supplementing the
general revenue
funds of the local subdivisions in which
the home has its situs
pursuant to this section.
(2) The year for which the manufactured home tax is
levied
commences on the first day of January and ends on the following
thirty-first day of December.
The state shall have the
first lien
on any manufactured or mobile home on the list for the amount
of
taxes, penalties, and interest charged against the owner of the
home under this section.
The lien of the state for the tax for a
year shall attach on the first day of January to a home that has
acquired
situs on that date. The lien
for a home that has not
acquired situs on the first day of
January, but that acquires
situs during the year, shall attach on the
next first day of
January. The lien shall continue until the tax,
including any
penalty or interest, is paid.
(3)(a) The situs of a manufactured or mobile home located in
this state on the first day of
January is the local taxing
district in which the
home is located on that date.
(b) The situs of a manufactured or mobile home not located
in
this state on the first day of January, but located in this
state
subsequent to that date, is the local taxing district in
which the home
is located thirty days after it is acquired or
first enters this state.
(4) The tax is collected by and paid to the county
treasurer
of the county containing the taxing district in which
the home has
its situs.
(D) The manufactured home tax shall be computed and
assessed
by the county
auditor of the county containing the taxing district
in which the
home has its situs as follows:
(1) On a home that acquired situs in this state prior to
January
1, 2000:
(a) By multiplying the assessable
value of the home by the
tax
rate of the taxing district in which the home has its
situs,
and deducting from the product thus
obtained any reduction
authorized under section 4503.065 of the
Revised Code. The tax
levied under this
formula shall not be
less than thirty-six
dollars, unless the home qualifies
for a
reduction in assessable
value under section 4503.065 of the
Revised Code, in which case
there shall be no minimum tax and the
tax shall be the amount
calculated under this division.
(b) The assessable value of the home shall be
forty per cent
of the amount arrived at by the following
computation:
(i) If the cost to the owner, or market value at time of
purchase, whichever is greater, of the home includes
the
furnishings and equipment, such cost or market value shall be
multiplied according to the following schedule:
|
For the first calendar year |
|
|
|
|
|
in which the
|
|
|
|
|
|
home is owned by the |
|
|
|
|
|
current owner |
|
x |
|
80% |
|
2nd calendar year |
|
x |
|
75% |
|
3rd " |
|
x |
|
70% |
|
4th " |
|
x |
|
65% |
|
5th " |
|
x |
|
60% |
|
6th " |
|
x |
|
55% |
|
7th " |
|
x |
|
50% |
|
8th " |
|
x |
|
45% |
|
9th " |
|
x |
|
40% |
|
10th and each year thereafter |
|
x |
|
35% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year.
(ii) If the cost to the owner, or market value at the
time
of purchase, whichever is greater, of the home does
not include
the furnishings and equipment, such cost or market
value shall be
multiplied according to the following schedule:
|
For the first calendar year |
|
|
|
|
|
in which the
|
|
|
|
|
|
home is owned by the |
|
|
|
|
|
current owner |
|
x |
|
95% |
|
2nd calendar year |
|
x |
|
90% |
|
3rd " |
|
x |
|
85% |
|
4th " |
|
x |
|
80% |
|
5th " |
|
x |
|
75% |
|
6th " |
|
x |
|
70% |
|
7th " |
|
x |
|
65% |
|
8th " |
|
x |
|
60% |
|
9th " |
|
x |
|
55% |
|
10th and each year thereafter |
|
x |
|
50% |
The first calendar year means any period between the first
day of January and the thirty-first day of December of the first
year.
(2) On a home in which ownership was transferred or
that
first acquired situs in this state on or after
January 1, 2000:
(a) By multiplying the assessable
value of the home
by the
effective tax
rate, as defined in section 323.08 of the
Revised
Code, for residential real
property of the taxing district in
which the home has its
situs, and deducting from the product thus
obtained the
reductions required or authorized under section
319.302,
division (B) of section
323.152, or section 4503.065 of
the
Revised Code.
(b) The assessable value of the home shall
be thirty-five
per cent of its true value as
determined under division (L)
of
this section.
(3)
On or before the fifteenth day of January each year,
the county
auditor shall record the assessable value and the
amount of
tax on the manufactured or mobile home on the tax list
and deliver
a duplicate of the list to the county
treasurer. In the case of
an emergency as defined in section 323.17 of the Revised Code,
the
tax
commissioner, by journal entry, may extend the times
for
delivery of the duplicate for an additional fifteen days upon
receiving a
written application from
the county auditor regarding
an extension for the delivery of the
duplicate, or from the county
treasurer regarding an extension of
the time for the billing and
collection of taxes. The application
shall contain a statement
describing the emergency that will cause
the unavoidable delay and
must be received by the tax
commissioner on or before the last day
of the month preceding the
day delivery of the duplicate is
otherwise required. When an extension
is granted for delivery of
the duplicate, the time period for payment
of taxes shall be
extended for a like period of time. When a
delay in the closing
of a tax collection period becomes
unavoidable, the tax
commissioner, upon application by the county
auditor and county
treasurer, may order the time for payment of
taxes to be extended
if the tax commissioner determines that
penalties have accrued or
would otherwise accrue for reasons
beyond the control of the
taxpayers of the county. The order
shall prescribe the final
extended date for payment of taxes for
that collection period.
(4) After January 1, 1999, the owner of a manufactured or
mobile
home taxed
pursuant to division (D)(1) of
this section may
elect to have the home taxed pursuant to
division (D)(2) of this
section
by filing a written request with the county auditor of the
taxing district in which the home is located on or before the
first day of
December of any year. Upon the filing of the
request, the county
auditor shall determine whether all taxes
levied
under division (D)(1) of this section have been paid, and
if those
taxes have been paid, the county auditor shall tax the
manufactured or
mobile home pursuant to division
(D)(2) of this
section
commencing in the next tax year.
(5) A manufactured or
mobile home that acquired situs in
this state prior to
January 1, 2000, shall be taxed
pursuant to
division (D)(2) of
this section if no manufactured home tax had
been paid for the
home and the home was not exempted from taxation
pursuant to
division (E) of this section
for the year for which
the taxes were not paid.
(6)(a) Immediately upon receipt of any manufactured home tax
duplicate from the county auditor, but not less than twenty days
prior to the
last date on which the first one-half taxes may be
paid without
penalty as prescribed in division (F) of this
section,
the county treasurer shall cause to be prepared and
mailed
or delivered to each person charged on that duplicate with
taxes,
or to an agent designated by such person, the tax bill
prescribed
by the tax commissioner under division (D)(7) of this
section.
When taxes are paid by installments, the
county
treasurer shall mail or deliver to each person charged on
such
duplicate or the agent designated by that person a second
tax bill
showing the amount due at the time of the second tax
collection.
The second half tax bill shall be mailed or
delivered at least
twenty days prior to the close of the second
half tax collection
period.
A change in the mailing address of any tax bill shall be
made in writing to the county treasurer.
Failure to receive a
bill required by this section does
not excuse failure or delay to
pay any taxes shown on the bill
or, except as provided in division
(B)(1) of section 5715.39 of the
Revised Code, avoid any penalty,
interest, or charge for
such
delay.
(b) After delivery of the copy of the delinquent
manufactured
home tax list under division (H) of this section,
the
county
treasurer may prepare and mail to each person in whose name
a home is listed an additional tax bill showing the
total amount
of delinquent taxes charged against the home as
shown on the list.
The tax bill shall include a notice that
the interest charge
prescribed by division (G) of this section
has begun to accrue.
(7) Each tax bill prepared and mailed or
delivered under
division (D)(6) of this section
shall be in
the form and contain
the information required by the tax
commissioner. The
commissioner may prescribe different forms for
each county and may
authorize the county auditor to make up tax
bills and tax receipts
to be used by the county treasurer.
The tax bill shall not
contain or be mailed or delivered
with any information or material
that is not required by this
section or that is not authorized by
section 321.45 of the
Revised Code or by the tax commissioner.
In
addition to the information
required by the
commissioner, each
tax
bill shall contain the following information:
(a) The taxes levied and the taxes charged and payable
against the manufactured or mobile home;
(b) The following notice:
"Notice: If the taxes are not
paid within
sixty days after the county auditor delivers the
delinquent manufactured home
tax list to the county treasurer, you
and your home may be subject to
collection proceedings
for tax
delinquency." Failure to provide such notice
has no effect upon
the validity of any tax judgment to which a
home may be subjected.
(c) In the case of manufactured or mobile homes taxed under
division (D)(2) of this section, the following additional
information:
(i) The effective tax rate. The words "effective tax
rate"
shall appear in boldface type.
(ii) The following notice: "Notice: If the
taxes charged
against this home
have been reduced by the 2-1/2 per cent tax
reduction for
residences occupied by the owner
but the home is not
a residence occupied by the
owner, the owner must notify the
county auditor's office not
later than March 31 of the year
for
which the taxes are due. Failure to do so may result in the
owner
being convicted of a fourth degree misdemeanor, which is
punishable by
imprisonment up to 30 days, a fine up to $250, or
both, and in the
owner having to repay the amount by which the
taxes were
erroneously or illegally reduced, plus any interest
that may apply.
If the taxes charged against this home have not been
reduced
by the 2-1/2 per cent tax reduction and the home is
a residence
occupied by the owner, the home may qualify for
the tax reduction.
To obtain an application for the tax reduction or further
information, the
owner may contact the county auditor's office at
.......... (insert the
address and telephone number of the county
auditor's office)."
(E)(1) A manufactured or mobile home is not subject to
this
section when any of the following applies:
(a) It is taxable as personal property pursuant to
section
5709.01 of the Revised Code. Any manufactured or mobile home
that
is used as a residence shall be
subject to this
section and shall
not be taxable as personal property pursuant to
section 5709.01 of
the Revised Code.
(b) It bears a license plate issued by any state other than
this
state unless the home is in this state in excess of an
accumulative period of
thirty days in any calendar year.
(c) The annual tax has been paid on the home in this state
for
the current year.
(d) The tax commissioner has determined, pursuant to section
5715.27 of the Revised Code, that the property is exempt from
taxation, or
would be exempt from taxation under Chapter 5709. of
the Revised Code if it
were classified as real property.
(2) A travel trailer
or park trailer, as these terms are
defined in section 4501.01
of the Revised Code, is not subject to
this section if it is
unused or unoccupied and stored at the
owner's normal place of residence or at a recognized storage
facility.
(3) A travel trailer or park trailer, as these terms are
defined
in section 4501.01 of the Revised Code, is subject to this
section and shall
be taxed as a
manufactured or mobile home if it
has a situs longer
than thirty days in one location and is
connected to
existing utilities, unless either
of the following
applies:
(a) The situs is in a state facility or a camping or park
area as defined in division (C), (Q), (S),
or (V) of section
3729.01 of the Revised Code.
(b) The situs is in a camping or park area that is a
tract
of land that has been limited to recreational use by deed or
zoning restrictions and subdivided for sale of five or more
individual lots for the express or implied purpose of occupancy
by
either self-contained recreational vehicles as defined in
division
(T) of section 3729.01 of the Revised Code or by
dependent
recreational vehicles as defined in division (D) of
section
3729.01 of the Revised Code.
(F) Except as provided in division (D)(3) of this
section,
the manufactured home tax is due and payable as
follows:
(1) When a manufactured or mobile home has a situs in this
state, as
provided in this section, on the first day of January,
one-half
of the amount of the tax is due and payable on or before
the
first day of March
and the balance is due and payable on
or
before the thirty-first day of July. At the option of the owner
of the
home, the tax for the entire year may be paid in full on
the
first day of March.
(2) When a manufactured or mobile home first acquires a
situs
in this state after the first day of
January, no tax is due
and payable for that year.
(G)(1)(a) Except as otherwise provided in division
(G)(1)(b) of this section, if one-half of the current taxes
charged under this
section against a manufactured or mobile home,
together
with the
full
amount of any delinquent taxes, are not paid on
or before the
first day of March in that year, or on or
before the last
day for such payment as extended pursuant to
section 4503.063 of
the Revised Code, a penalty of ten per
cent
shall be charged
against the unpaid balance of such half of the
current taxes. If
the total amount of all such
taxes is not paid
on or before the
thirty-first day of July, next
thereafter, or on
or before the
last day for payment as
extended pursuant to
section 4503.063
of the Revised Code, a
like penalty shall be
charged on the
balance of the total amount of
the unpaid current
taxes.
(b) After a valid delinquent tax contract that includes
unpaid current taxes from a first-half collection period described
in division (F) of this section has been entered into under
section 323.31 of the Revised Code, no ten per cent penalty shall
be charged against such taxes after the second-half collection
period while the delinquent tax contract remains in
effect. On the day a delinquent tax contract becomes
void, the ten per cent penalty shall be charged against such taxes
and shall equal the amount of penalty that would have been charged
against unpaid current taxes outstanding on the date on which the
second-half penalty would have been charged thereon under division
(G)(1)(a) of this section if the contract had not been in effect.
(2)(a) On the first day of the month following the last
day
the second installment of taxes may be paid without penalty
beginning
in 2000,
interest shall be charged against and computed
on all delinquent
taxes other than the current taxes that became
delinquent taxes
at the close of the last day such second
installment could be
paid without penalty. The charge shall be
for interest that
accrued during the period that began on the
preceding first day
of December and ended on the last day of the
month that included
the last date such second installment could be
paid without
penalty. The interest shall be computed at the rate
per annum
prescribed by section 5703.47 of the Revised Code and
shall be
entered as a separate item on the delinquent manufactured
home tax list
compiled under division (H) of this section.
(b) On the first day of December beginning in 2000, the
interest shall be
charged against and computed on all delinquent
taxes. The charge
shall be for interest that accrued during the
period that began
on the first day of the month following the last
date prescribed
for the payment of the second installment of taxes
in the current
year and ended on the immediately preceding last
day of November. The interest shall be computed at the rate
per
annum prescribed
by section 5703.47 of the Revised Code and shall
be entered
as a separate item on the delinquent manufactured home
tax list.
(c) After a valid undertaking has been entered into for
the
payment of any delinquent taxes, no interest shall be charged
against such delinquent taxes while the undertaking remains in
effect in compliance with section 323.31 of the Revised Code. If
a valid undertaking becomes void, interest shall be charged
against the delinquent taxes for the periods that interest was
not
permitted to be charged while the undertaking was in effect.
The
interest shall be charged on the day the undertaking becomes
void
and shall equal the amount of interest that would have been
charged against the unpaid delinquent taxes outstanding on the
dates on which interest would have been charged thereon under
divisions (G)(1) and (2) of this section had the undertaking not
been in effect.
(3) If the full amount of the taxes due at either of the
times prescribed by division (F) of this section is paid within
ten days after such time, the county treasurer shall waive the
collection of and the county auditor shall remit one-half of the
penalty provided for in this division for failure to make that
payment by the prescribed time.
(4) The treasurer shall compile and deliver to the county
auditor a list of all tax payments the treasurer has received
as
provided in
division (G)(3) of this section. The list shall
include any
information required by the auditor for the remission
of the
penalties waived by the treasurer. The taxes so collected
shall
be included in the settlement next succeeding the settlement
then
in process.
(H)(1) Beginning in 2000, the county auditor shall compile
annually a
"delinquent manufactured home tax list" consisting of
homes
the county treasurer's records indicate have taxes that were
not
paid within the time prescribed by divisions
(D)(3) and (F)
of
this section, have taxes that remain unpaid
from prior years,
or
have unpaid tax penalties or interest that have been assessed.
(2) Within thirty days after the settlement under
division
(H)(2) of section 321.24 of the Revised Code beginning in
2000,
the county
auditor shall deliver a copy of the delinquent
manufactured home
tax list to the county treasurer. The auditor
shall update and publish
the
delinquent manufactured home tax list
annually in the same manner as
delinquent real property tax lists
are published.
The county auditor shall
apportion the cost of
publishing the list among taxing districts in
proportion to the
amount of delinquent manufactured home taxes so
published that
each taxing district is entitled to receive upon
collection of
those taxes.
(3) When taxes, penalties, or interest
are
charged
against a
person on the delinquent manufactured home tax list
and
are not paid within sixty days after the list is delivered to
the
county treasurer, the county treasurer shall, in addition
to any
other remedy provided by law for the collection of taxes,
penalties, and interest, enforce collection of
such taxes,
penalties, and interest by civil action in the name of the
treasurer against the owner for
the recovery of the unpaid taxes
following the procedures for the recovery
of delinquent real
property taxes in sections 323.25 to 323.28
of the Revised Code.
The action may be brought in municipal or county court,
provided
the amount
charged does not exceed the monetary
limitations for
original jurisdiction for civil actions in those
courts.
It is sufficient, having made proper parties to the suit,
for
the county treasurer to allege in the treasurer's bill of
particulars or
petition that the taxes stand chargeable on the books of the
county treasurer against such person, that they are due and
unpaid, and that such person is indebted in the amount of taxes
appearing to be due the county. The treasurer need not set forth
any other matter relating thereto. If
it is found on the trial of
the action that the person
is indebted to the state, judgment
shall be rendered in favor of
the county treasurer prosecuting the
action. The judgment debtor is
not entitled to the benefit of any
law for stay of execution or
exemption of property from levy or
sale on execution in the
enforcement of the judgment.
Upon the filing of an entry of confirmation of sale or an
order of forfeiture in a proceeding brought under this division,
title to the manufactured or mobile home shall be in the
purchaser. The clerk of courts shall issue a certificate of title
to the purchaser upon presentation of proof of filing of the entry
of confirmation or order and, in the case of a forfeiture,
presentation of the county auditor's certificate of sale.
(I) The total amount of taxes collected shall be
distributed
in the following manner:
four per cent shall be allowed as
compensation to the county
auditor for the county auditor's
service in assessing the
taxes; two per cent
shall be allowed as
compensation to the county treasurer for the
services the county
treasurer renders as a result of the tax
levied by this
section.
Such amounts shall be paid into the county treasury, to
the credit
of the county general revenue fund,
on the warrant of the county
auditor. Fees to be paid to the credit of the real estate
assessment fund
shall be collected pursuant to division (B)(C) of
section 319.54 of the Revised
Code and paid into the county
treasury, on the warrant of the county
auditor. The balance of
the taxes collected shall be distributed
among the taxing
subdivisions of the county in which the taxes
are collected and
paid in the same ratio as those taxes were
collected for the
benefit of the taxing subdivision. The taxes levied
and revenues
collected
under this section shall be in lieu of any general
property tax
and any tax levied with respect to the privilege of
using or
occupying a manufactured or mobile home in this state except as
provided in
sections 4503.04 and 5741.02 of the Revised Code.
(J) An agreement to purchase or a bill of sale for a
manufactured home shall show whether or not the furnishings and
equipment are included in the purchase price.
(K) If the county treasurer and the county prosecuting
attorney agree that an item charged on the delinquent
manufactured
home tax list is uncollectible, they shall certify
that
determination and the reasons to the county board of
revision. If
the board determines the amount is uncollectible,
it shall certify
its determination to the county auditor, who
shall strike the item
from the list.
(L)(1) The county
auditor shall appraise at its true value
any manufactured or mobile home in
which ownership is transferred
or which first acquires situs in this state on
or after January 1,
2000, and any manufactured or mobile home the
owner of which has
elected, under division (D)(4) of this section, to have the home
taxed under division (D)(2) of this section. The true value
shall
include the
value of the home, any additions, and any fixtures,
but not any
furnishings in the home. In determining the true
value of a
manufactured or mobile home, the auditor shall consider
all
facts and circumstances relating to the value of the home,
including its age, its capacity to function as a residence, any
obsolete characteristics, and other factors that may tend to prove
its true value.
(2)(a) If a manufactured or mobile home has been
the subject
of an arm's length sale between a willing seller and
a willing
buyer within a reasonable length of time prior to the
determination of true value, the county auditor shall consider the sale
price of the home to be the true value for taxation purposes.
(b) The sale price in an arm's length transaction
between a
willing seller and a willing buyer shall not be
considered the
true value of the home if either of the following
occurred after
the sale:
(i) The home has lost value due to a casualty.
(ii) An addition or fixture has been added to the home.
(3) The county auditor shall have each home viewed and appraised
at
least once in each six-year period in the same year in which real
property in the county is appraised pursuant to Chapter 5713. of
the Revised Code,
and shall update the appraised values in the
third calendar year following the
appraisal. The person viewing
or
appraising a home may enter the home to determine by actual
view
any additions or fixtures that have been added since the last
appraisal. In conducting the appraisals and establishing the
true
value, the auditor shall follow the procedures set forth
for
appraising real property in sections 5713.01 and 5713.03 of the
Revised
Code.
(4) The county auditor shall place the true value of each home
on
the manufactured home tax list upon completion of an
appraisal.
(5)(a) If the county auditor changes the true value of a
home, the
auditor shall notify the owner of the home in writing,
delivered
by mail or in person. The notice shall be given at
least thirty
days prior to the issuance of any tax bill that
reflects the
change. Failure to receive the notice
does not invalidate any
proceeding under this section.
(b) Any owner of a home or any other person or party listed
in
division (A)(1) of section 5715.19 of the Revised Code may file
a complaint
against the true
value of the home
as appraised under
this section. The complaint shall be
filed with the
county
auditor on or before the thirty-first day of
March
of
the
current
tax year
or the
date of closing of the collection for
the
first
half of manufactured home taxes for the current tax
year,
whichever is later. The auditor shall present to the county
board
of revision all complaints filed with the auditor under this
section. The board shall
hear and
investigate the
complaint and
may take action on it as
provided
under sections
5715.11 to
5715.19 of the
Revised Code.
(c) If the county board of revision determines, pursuant to
a
complaint against the valuation of a manufactured or mobile home
filed under this section, that the amount of taxes, assessments,
or other charges paid was in excess of the amount due
based on the
valuation as finally determined, then the
overpayment shall be
refunded in the manner prescribed in
section 5715.22 of the
Revised Code.
(d) Payment of all or part of a tax under this
section for
any year for which a complaint is pending before the
county board
of revision does not abate the complaint or in any
way affect the
hearing and determination thereof.
(M) If the county auditor determines that any tax
or other charge or any part thereof has been
erroneously
charged as a result of a clerical error as defined in
section
319.35 of the Revised Code, the county
auditor shall call the attention of the county
board of revision
to the erroneous charges. If the board finds that the taxes or
other charges have been erroneously charged or collected, it shall
certify the finding to the auditor. Upon receipt of the
certification, the auditor shall remove the erroneous charges
on
the
manufactured home tax list or delinquent manufactured home tax
list
in the same manner as is prescribed in section 319.35 of the
Revised Code for erroneous charges against real property,
and
refund any erroneous charges that have been collected,
with
interest, in the same manner as is prescribed in section
319.36 of
the
Revised Code for erroneous charges against real
property.
(N) As used in this section and section 4503.061 of the
Revised Code:
(1) "Manufactured home taxes" includes taxes, penalties, and
interest charged under division (C) or (G) of this section
and any
penalties charged under division (G) or (H)(5) of
section 4503.061
of the Revised Code.
(2) "Current taxes" means all manufactured home taxes
charged
against a manufactured or mobile home that have not
appeared on the
manufactured home tax list for any prior year.
Current taxes become
delinquent taxes if they remain unpaid after
the last day
prescribed for payment of the second installment of
current taxes
without penalty, whether or not they have been
certified
delinquent.
(3) "Delinquent taxes" means:
(a) Any manufactured home taxes that were charged against a
manufactured or mobile home for a prior year, including any
penalties or
interest charged for a prior year, and that remain
unpaid;
(b) Any current manufactured home taxes charged against a
manufactured or mobile home that remain unpaid after the last day
prescribed for payment of the second installment of current taxes
without penalty, whether or not they have been certified
delinquent, including any penalties or interest.
Sec. 4503.061. (A) All manufactured and mobile homes shall
be
listed on either the real property tax list or the manufactured
home tax list of the county in which the home has situs. Each
owner shall follow the procedures in this section to identify
the
home to the county auditor of the county containing the taxing
district in
which the home has situs so that the auditor may place
the home on the
appropriate tax list.
(B) When a manufactured or mobile home first
acquires situs
in this state and is subject to real property
taxation pursuant to
division (B)(1) or (2) of section 4503.06 of
the Revised Code, the
owner shall present to
the auditor of the county containing the
taxing district in
which the home has its situs the certificate of
title for the home, together
with
proof that all taxes due
have
been paid and proof that a relocation
notice was obtained for the
home if required under this
section. Upon receiving the
certificate of title and the required proofs,
the auditor
shall
place the home on the real property tax list and proceed
to treat
the home as other properties on that list. After the auditor has
placed the home on the tax list of
real and public utility
property, the auditor shall deliver the
certificate of title to
the clerk of the court of common pleas
that issued it pursuant to
section 4505.11 of the
Revised Code, and the clerk shall
inactivate the certificate of title.
(C)(1) When a manufactured or mobile home subject to a
manufactured home tax is relocated to or first acquires situs in
any
county that has adopted
a permanent
manufactured home
registration system, as provided in division (F)
of this section,
the owner, within thirty days after the home
is relocated or first
acquires situs under section 4503.06 of the
Revised
Code, shall
register the home with the
county auditor of the county containing
the taxing district in
which the home has its situs. For the
first registration in each
county of situs, the owner or vendee in
possession shall present
to the county auditor an Ohio certificate
of title, certified
copy of the certificate of title, or
memorandum certificate of
title as such are required by law, and
proof, as required by the
county auditor, that the home, if it has
previously
been occupied and is being relocated, has been
previously registered, that all taxes due
and required to be paid
under division
(H)(1) of this section before a
relocation notice
may be issued
have been paid, and that a relocation notice was
obtained for the home if
required by division (H) of this section.
If the owner or vendee does not possess the Ohio certificate of
title, certified copy of the certificate of title, or memorandum
certificate
of title at the time the owner or vendee first
registers the home in a county, the county auditor shall register
the home without presentation of the document, but the owner or
vendee shall present the certificate of title, certified copy of
the certificate of title, or memorandum certificate of title to
the county auditor within fourteen days after the owner or vendee
obtains possession of the document.
(2) When a manufactured or mobile home is registered for the
first
time in a county and when the total tax due has been paid as
required
by division (F) of section 4503.06 of the Revised Code
or
divisions (E) and (H) of this section, the
county treasurer shall
note by writing or by a stamp on the
certificate of title,
certified copy of certificate of title, or
memorandum certificate
of title that the home has
been registered and that the taxes due,
if any, have been
paid for the preceding five years and for the
current year. The treasurer shall then issue a
certificate
evidencing registration and a decal to be displayed
on the street
side of the home.
The certificate is
valid in any county in
this
state during the year for which it is
issued.
(3) For each year thereafter, the county treasurer
shall
issue a tax bill stating the amount of
tax due under section
4503.06 of the Revised Code, as provided in division
(D)(6) of
that section. When the
total tax due has been paid as required by
division (F) of
that
section, the
county
treasurer shall
issue a certificate evidencing registration
that
shall be valid
in any county in this state during the year
for
which the
certificate is issued.
(4) The permanent decal issued under this division is valid
during the period of ownership, except that when a manufactured
home is relocated in another county the owner shall apply for a
new registration as required by this section and section 4503.06
of the Revised Code.
(D)(1) All owners of manufactured or mobile homes subject to
the
manufactured home tax being relocated to or having situs in a
county
that has not adopted a
permanent registration system, as
provided in division (F) of
this section, shall register the home
within thirty days after the home
is relocated or first acquires
situs under section 4503.06
of the Revised Code and thereafter
shall annually
register the home with the county auditor of the
county containing the taxing district in which the home has its
situs.
(2) Upon the annual registration, the county treasurer
shall issue a tax bill stating
the amount of
annual manufactured
home tax due under section 4503.06
of the Revised Code, as
provided in division (D)(6) of that section. When a
manufactured
or
mobile home is registered and when the tax for the current
one-half year has
been paid as required by division (F) of
that
section, the county treasurer shall
issue a
certificate
evidencing registration and a decal.
The
certificate
and decal
are valid in any county in this state during
the year
for which
they are issued. The decal shall be displayed
on the
street side
of the home.
(3) For the first annual registration in each county of
situs,
the county auditor shall require the owner or vendee to
present
an Ohio certificate of title, certified copy of the
certificate
of title, or memorandum certificate of title as such
are required
by law, and proof, as required by the county auditor,
that the
manufactured or mobile home has been previously
registered,
if such registration was required, that all taxes due
and required to be paid under division (H)(1) of this section
before a relocation notice may be issued
have been paid, and that
a relocation notice
was obtained for the
home if required by
division (H) of this section.
If the owner or vendee does not
possess the Ohio certificate of
title, certified copy of the
certificate of title, or memorandum certificate
of title at the
time the owner or vendee first
registers the home in a county, the
county auditor shall register
the home without presentation of the
document, but the owner or
vendee shall present the certificate of
title, certified copy of
the certificate of title, or memorandum
certificate of title to
the county auditor within fourteen days
after the owner or vendee
obtains possession of the document.
When
the county treasurer
receives the tax
payment, the county
treasurer shall note by writing or by a
stamp on the certificate
of title, certified copy of the certificate of title,
or
memorandum certificate of title that the home has
been registered
for the current year and that the manufactured home
taxes due, if
any, have
been paid for the preceding five years and for the
current year.
(4) For subsequent annual registrations, the auditor may
require the owner or vendee in possession to present an Ohio
certificate of title, certified copy of the certificate of title,
or memorandum certificate of title to the county treasurer upon
payment of the manufactured home tax that is due.
(E)(1) Upon the application to transfer ownership of a
manufactured or mobile home for which manufactured home taxes are
paid
pursuant to division (C) of section 4503.06 of the Revised
Code the clerk of
the court of common pleas shall not issue any
certificate of title
that does not contain or have attached both
of the following:
(a) An endorsement of the county treasurer stating that
the
home has been registered for each
year of ownership and that all
manufactured home taxes imposed pursuant
to section 4503.06 of the
Revised
Code have been paid or that no tax is due;
(b) An endorsement of the county auditor that the
manufactured home transfer tax imposed pursuant to
section 322.06
of the Revised Code and any fees imposed under
division (F)(G) of
section 319.54 of the Revised Code have been paid.
(2) If all the taxes have not
been paid, the clerk shall
notify the vendee to contact the county
treasurer of the county
containing the taxing district in which
the home has its situs at
the time of the proposed
transfer. The county treasurer shall
then collect all the taxes
that are due for the year of the
transfer and all previous years not exceeding a total of five
years. The county treasurer shall distribute that part of the
collection owed to
the county treasurer of other counties if the
home had its situs in another county during a
particular year when
the unpaid tax became due and payable. The
burden to prove the
situs of the home in the years
that the taxes were not paid is on
the transferor of the home.
Upon payment of
the taxes, the
county auditor shall remove all
remaining taxes from the
manufactured home tax list and the delinquent
manufactured home
tax list, and the county treasurer shall release
all liens for
such taxes. The clerk of courts shall issue a
certificate of
title, free and clear of all liens for manufactured
home taxes, to
the transferee of the home.
(3) Once the transfer is complete and the certificate of
title
has been issued, the transferee shall register the
manufactured or mobile
home pursuant to division (C) or (D) of
this section
with the county auditor of the county containing the
taxing
district in which the home remains after the transfer
or,
if the home is relocated to another county, with the county
auditor of the county to which the home is relocated. The
transferee need not pay the annual tax for
the year of acquisition
if the original owner has already paid
the annual tax for that
year.
(F) The county auditor may adopt a permanent registration
system and issue a permanent decal with the first registration as
prescribed by the tax commissioner.
(G) When any manufactured or mobile home required to be
registered by this section is not registered, the county auditor
shall impose
a penalty of
one hundred dollars upon the owner and
deposit the amount to the credit of the
county real estate
assessment fund to be used to pay the costs of
administering this
section and section 4503.06 of the Revised Code. If
unpaid, the
penalty shall constitute a lien on the home and shall be added
by
the county auditor to the manufactured home tax list for
collection.
(H)(1)
Except as otherwise provided in this division,
before moving a manufactured or mobile home on
public
roads from
one address within this
state to another address
within or
outside this state, the owner of the
home shall obtain a
relocation notice, as provided by
this section, from the auditor
of the county in which the home is located if
the home is
currently subject to taxation pursuant to section 4503.06 of the
Revised Code. The auditor shall charge five dollars for the
notice, and
deposit the amount to the credit of the county real
estate assessment fund to
be used to pay the costs of
administering this section and section 4503.06
of the Revised
Code. The auditor shall not issue a relocation notice unless
all
taxes owed on the home under section 4503.06 of the
Revised Code
that were first charged to the home during the period
of ownership
of the owner seeking the relocation notice
have been paid. If the
home is being moved by a new owner of the home or
by a party
taking repossession of the home, the auditor shall
not issue a
relocation notice unless all of the taxes due for
the preceding
five years and for the current year have been paid.
A relocation
notice issued by a county auditor is valid until the
last day of
December of the year in which it was issued.
If the home is being moved by a sheriff, police officer,
constable, bailiff, or manufactured home park operator, as defined
in section 3733.01 of the Revised Code, or any agent of any of
these persons, for purposes of removal from a manufactured home
park and storage, sale, or destruction under section 1923.14 of
the Revised Code, the auditor
shall issue a relocation notice
without requiring payment of any
taxes owed on the home under
section 4503.06 of the Revised Code.
(2) If a manufactured or mobile home is not yet subject to
taxation under
section 4503.06 of the
Revised Code, the owner of
the home shall obtain a
relocation notice from the dealer of the
home. Within thirty days after the
manufactured or mobile home is
purchased, the dealer
of the home shall provide the auditor of the
county in which the
home is to be located written notice of the
name of the purchaser of the
home, the registration number or
vehicle identification number of the
home, and the address or
location to
which the home is to be moved. The county auditor
shall provide to each
manufactured and mobile home dealer, without
charge, a supply of relocation notices to be distributed
to
purchasers pursuant to this section.
(3) The notice shall be in the form of a one-foot
square
yellow sign with the words "manufactured home relocation notice"
printed prominently on it. The name of the owner of the
home, the
home's registration number or vehicle identification number,
the
county and the address or location to which the home
is being
moved, and the county in which
the notice is issued shall also be
entered on the notice.
(4) The relocation notice must be attached to the rear of
the home when the home is being moved on a public road. Except
as
provided in
divisions (H)(1) and (5)
of this section, no
person shall drive
a motor vehicle moving a
manufactured or mobile
home on a public
road from one address to
another address within
this state unless
a relocation notice is
attached to the rear of
the home.
(5) If the county auditor determines that a
manufactured or
mobile home has been moved without a relocation notice as
required
under this division, the auditor
shall impose a penalty of one
hundred dollars upon the owner of the home and
upon the person who
moved the home and deposit the amount to the credit of
the county
real estate assessment fund to pay the costs of administering this
section and section 4503.06 of the Revised Code.
If the home was
relocated from one county in this state to another
county in this
state and the county auditor of the county to which the
home was
relocated imposes the penalty, that county auditor, upon
collection
of the penalty, shall cause
an amount equal to
the penalty to
be transmitted from the county
real estate
assessment fund to the
county auditor of the county
from which the
home was relocated,
who shall deposit the amount to
the credit of
the county real
estate assessment fund. If the
penalty on the
owner is unpaid,
the penalty shall constitute a lien on
the home
and
the auditor
shall add the penalty to the manufactured home tax
list for
collection. If the county auditor determines that a
dealer that
has
sold a manufactured or mobile home has failed to
timely
provide
the information required under this division, the
auditor
shall
impose a penalty upon the dealer in the amount of
one
hundred
dollars. The penalty shall be credited to the county
real
estate assessment fund and used to pay the costs of
administering
this section and section 4503.06 of the
Revised
Code.
(I)
Whoever violates division (H)(4) of this section is
guilty of a minor misdemeanor.
Sec. 4503.064. As used in sections 4503.064 to 4503.069 of
the Revised Code:
(A) "Sixty-five years of age or older" means a person who
will be age sixty-five or older in the calendar year following
the year of application for reduction in the assessable value of
the person's manufactured or mobile home.
(B) "Total income" means the adjusted gross income of the
owner and the owner's spouse for the year preceding the year
in which
application for a reduction in taxes is made, as determined under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
1, as amended, adjusted as follows:
(1) Subtract the amount of disability benefits included in
adjusted gross income but not to exceed five thousand two hundred
dollars;
(2) Add old age and survivors benefits received pursuant
to the "Social Security Act" that are not included in adjusted
gross income;
(3) Add retirement, pension, annuity, or other retirement
payments or benefits not included in adjusted gross income;
(4) Add tier I and II railroad retirement benefits
received pursuant to the "Railroad Retirement Act," 50 Stat. 307,
45 U.S.C. 228;
(5) Add interest on federal, state, and local government
obligations;
(6) For a person who received the homestead exemption for a prior year on
the basis of being permanently and totally disabled and whose current
application for the exemption is made on the basis of age, subtract the
following amount:
(a) If the person received disability benefits that were not
included in adjusted gross income in the year preceding the first year in
which the person applied for the exemption on the basis of age, subtract an
amount equal to the disability benefits the person received in that preceding
year, to the extent included in total income in the current year and not
subtracted under division
(B)(1) of this section in the current year;
(b) If the person received disability benefits that were included
in adjusted gross income in the year preceding the first year in which the
person applied for the exemption on the basis of age, subtract an amount equal
to the amount of disability benefits that were subtracted pursuant to division
(B)(1) of this section in that preceding year, to the extent included
in total income in the current year and not subtracted under division
(B)(1) of this
section in the current year.
Disability benefits that are paid by the department of veterans affairs or
a
branch of the armed forces of the United States on account
of an injury or disability shall not be included in total income.
(C) "Old age and survivors benefits received pursuant to
the 'Social Security Act'" or "tier I railroad retirement
benefits received pursuant to the 'Railroad Retirement Act'"
means:
(1) The old age benefits payable under the social security
or railroad retirement laws in effect on the last day of the
calendar year preceding the year in which the applicant's
application for reduction is first successfully made, or, if no
such benefits are payable that year, old age benefits payable the
first succeeding year in which old age benefits under the social
security or railroad retirement laws are payable, except in those
cases where a change in social security or railroad retirement
benefits results in a reduction in income.
(a) Survivors benefits payable under the social security
or railroad retirement laws in effect on the last day of the
calendar year preceding the year in which the applicant's
application for reduction is first successfully made, or, if no
such benefits are payable that year, survivors benefits payable
the first succeeding year in which survivors benefits are
payable; or
(b) Old age benefits of the deceased spouse, as determined
under division (C)(1) of this section, upon which the surviving
spouse's survivors benefits are based under the social security
or railroad retirement laws, except in those cases where a change
in benefits would cause a reduction in income.
Survivors benefits are those described in division
(C)(2)(b) of this section only if the deceased spouse received
old age benefits in the year in which the deceased died. If the
deceased spouse did not receive old age benefits in the year in
which the deceased died, then survivors benefits are those
described in division (C)(2)(a) of this section.
(D) "Permanently and totally disabled" means a person who,
on the first day of January of the year of application, including
late application, for reduction in the assessable value of a
manufactured or mobile home, has some impairment in body or mind that makes
the person unable to work at any substantially remunerative
employment
which the person is reasonably able to perform and which
will, with
reasonable probability, continue for an indefinite period of at
least twelve months without any present indication of recovery
therefrom or has been certified as permanently and totally
disabled by a state or federal agency having the function of so
classifying persons.
(E)(C) "Homestead exemption" means the reduction in taxes
allowed under division (A) of section 323.152 of the Revised Code
for the year in which an application is filed under section
4503.066 of the Revised Code.
(F)(D) "Manufactured home" has the meaning given in division
(C)(4) of section 3781.06 of the
Revised Code, and includes a
structure consisting of two manufactured homes that were
purchased either together or separately and are combined to form
a single dwelling, but does not include a manufactured home
that is taxed as real property pursuant to division (B) of section
4503.06 of the Revised Code.
(G)(E) "Mobile home" has the meaning given in division
(O) of section 4501.01 of the Revised
Code and includes a structure
consisting of two mobile homes that were purchased together or
separately and combined to form a single dwelling, but does not include a
mobile home that is taxed as real property pursuant to division (B)
of section 4503.06 of the Revised Code.
(H)(F) "Late application" means an application filed with an
original application under division (A)(3) of section 4503.066 of
the Revised Code.
Sec. 4503.065. (A) This section applies to any of the
following:
(1) An individual who is permanently and totally disabled;
(2) An individual who is sixty-five years of age or older;
(3) An individual who is the surviving spouse of a
deceased
person who was permanently and totally disabled or
sixty-five
years of age or older and who applied and qualified
for a
reduction in assessable value under this section in the
year of
death, provided the surviving spouse is at least
fifty-nine but
not sixty-five or more years of age on the date
the deceased
spouse dies.
(B)(1) The manufactured home tax on a manufactured
or mobile
home that is paid pursuant to division (C) of
section 4503.06 of
the Revised Code and that is owned
and occupied as a home by an
individual whose domicile is in this
state and to whom this
section applies, shall be reduced
for any tax year for which the
owner obtains a certificate of reduction from the county auditor
under section 4503.067 of the Revised Code, provided the
individual did not acquire ownership from a person, other than
the
individual's spouse, related by consanguinity or
affinity for the
purpose
of qualifying for the reduction in assessable value. An
owner
includes a settlor of a revocable inter vivos trust holding
the
title to a manufactured or mobile home occupied by the settlor
as of
right under the trust. The
(1) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(2) of that section, the reduction shall equal the amount
obtained by
multiplying the tax rate for the tax year for which
the
certificate is issued by the reduction in assessable value
shown
in the following schedule.
|
|
Reduce Assessable Value |
Total Income |
|
by the Lesser of: |
|
|
Column A |
Column B |
$11,900 or less |
|
$5,000 or seventy-five per cent |
More than $11,900 but not more than $17,500 |
|
$3,000 or sixty per cent |
More than $17,500 but not more than $23,000 |
|
$1,000 or twenty-five per cent
|
More than $23,000 |
|
-0- |
(2) Each calendar year, the tax
commissioner shall adjust
the foregoing schedule by completing
the
following
calculations
in September of each year:
(a) Determine the percentage increase in the gross
domestic
product deflator determined by the bureau of economic
analysis of
the United
States department of commerce
from the first day of
January of
the preceding calendar year to the last day of
December of the
preceding calendar
year;
(b) Multiply that percentage increase by each of
the total
income amounts, and by each dollar amount by which assessable
value
is reduced, for the ensuing tax year;
(c) Add the resulting product to each of the total
income
amounts, and to each of the dollar amounts by which assessable
value is
reduced, for the ensuing tax year;
(d)(i) Except as provided in division (B)(2)(d)(ii) of this section, round the resulting sum to the nearest
multiple of one
hundred dollars;
(ii) If rounding the resulting sum to the nearest multiple of one hundred dollars under division (B)(2)(d)(i) of this section does not increase the dollar amounts by which assessable value is reduced, the resulting sum instead shall be rounded to the nearest multiple of ten dollars.
The commissioner shall certify the amounts resulting from
the
adjustment to each county auditor not later than the first
day of
December each year. The
certified amounts apply to the second
ensuing tax year. The
commissioner shall not make the adjustment
in any calendar year
in which the amounts resulting from the
adjustment would be less
than the total income amounts, or less
than the dollar amounts by which
assessable value is reduced, for
the ensuing tax year greater of the reduction granted for the tax year preceding the first tax year to which this section applies pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the taxpayer received a reduction for that preceding tax year, or the product of the following:
(a) Twenty-five thousand dollars of the true value of the property in money;
(b) The assessment percentage established by the tax commissioner under division (B) of section 5715.01 of the Revised Code, not to exceed thirty-five per cent;
(c) The effective tax rate used to calculate the taxes charged against the property for the current year, where "effective tax rate" is defined as in section 323.08 of the Revised Code;
(d) The quantity equal to one minus the sum of the percentage reductions in taxes received by the property for the current tax year under section 319.302 of the Revised Code and division (B) of section 323.152 of the Revised Code.
(2) For manufactured and mobile homes for which the tax imposed by section 4503.06 of the Revised Code is computed under division (D)(1) of that section, the reduction shall equal the greater of the reduction granted for the tax year preceding the first tax year to which this section applies pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the taxpayer received a reduction for that preceding tax year, or the product of the following:
(a) Twenty-five thousand dollars of the cost to the owner, or the market value at the time of purchase, whichever is greater, as those terms are used in division (D)(1) of section 4503.06 of the Revised Code;
(b) The percentage from the appropriate schedule in division (D)(1)(b) of section 4503.06 of the Revised Code;
(c) The assessment percentage of forty per cent used in division (D)(1)(b) of section 4503.06 of the Revised Code;
(d) The tax rate of the taxing district in which the home has its situs.
(C) If the owner or the spouse of the owner of a
manufactured or
mobile
home is eligible for a homestead exemption
on the land upon which
the home is located, the reduction in
assessable
value to which the owner or spouse is entitled under
this
section shall not exceed
the difference between the reduction
in assessable value
to which the owner or spouse is entitled under
column A of the above schedule division (B) of this section
and the amount of the reduction in
taxable value that was used to compute under the
homestead exemption.
(D) No reduction shall be made on the assessable value of with respect to
the
home of any person convicted of violating division
(C) or (D)
of section 4503.066 of the Revised Code for a period
of three
years following the conviction.
Sec. 4503.066. (A)(1) To obtain a tax reduction in the
assessable value of a manufactured or mobile home under section
4503.065 of
the Revised Code, the owner of the home shall file an
application with the county auditor of the county in which the
home is
located. An application for reduction in
assessable value taxes
based upon a physical disability shall be
accompanied by a
certificate signed by a physician, and an
application for
reduction in assessable value taxes based upon a mental
disability shall
be accompanied by a certificate signed by a
physician or
psychologist licensed to practice in this state.
The certificate
shall attest to the fact that the applicant is
permanently and
totally disabled, shall be in a form that the
department of
taxation requires, and shall include the definition
of totally and
permanently disabled as set forth in section
4503.064 of the
Revised Code. An application for reduction in
assessable value taxes
based upon a disability certified as permanent
and total by a
state or federal agency having the function of so
classifying
persons shall be accompanied by a certificate from
that agency.
(2) Each application shall constitute a continuing
application for a reduction in assessable value taxes for each year in
which the manufactured or mobile home is occupied by the applicant
and in
which the amount of the reduction in assessable value does
not exceed either
the amount or per cent of the
reduction for the
year in which the
application was first filed. Failure to receive
a new
application or notification under division (B) of this
section
after a certificate of reduction has been issued under
section
4503.067 of the Revised Code is prima-facie evidence that
the
original applicant is entitled to the reduction in assessable
value calculated on the basis of the information contained in
the
original application. The original application and any
subsequent
application shall be in the form of a signed statement
and shall
be filed not later than the first Monday in June. The
statement
shall be on a form, devised and supplied by the tax
commissioner,
that shall require no more information than is
necessary to
establish the applicant's eligibility for the
reduction in
assessable value taxes and the amount of the reduction to
which the
applicant is entitled. The form shall contain a
statement that
signing such application constitutes a delegation of authority by
the applicant to the county auditor to examine any financial
records that relate to income earned by the applicant as stated
on
the application for the purpose of determining eligibility
under,
or possible violation of, division (C) or (D) of this
section.
The
form also shall contain a statement that conviction
of
willfully
falsifying information to obtain a reduction in
assessable value taxes
or failing to comply with division (B) of this
section shall
result in the revocation of the right to the
reduction for a
period of three years.
(3) A late application for a reduction in assessable value taxes
for the year preceding the year for which an original application
is filed may be filed with an original application. If the
auditor determines that the information contained in the late
application is correct, the auditor shall determine both the
amount of the reduction in assessable value taxes to which the applicant
would have
been entitled for the current tax year had the
application been
timely filed and approved in the preceding year,
and the amount
the taxes levied under section 4503.06 of the
Revised Code for
the current year would have been reduced as a
result of the
reduction in assessable value. When an applicant is
permanently
and totally disabled on the first day of January of
the year in
which the applicant files a late application, the
auditor, in
making the
determination of the amounts of the
reduction in assessable value
and taxes under division (A)(3) of
this section, is not required
to determine that the applicant was
permanently and totally
disabled on the first day of January of
the preceding year.
The amount of the reduction in taxes pursuant to a late
application shall be treated as an overpayment of taxes by the
applicant. The auditor shall credit the amount of the
overpayment
against the amount of the taxes or penalties then due
from the
applicant, and, at the next succeeding settlement, the
amount of
the credit shall be deducted from the amount of any
taxes or
penalties distributable to the county or any taxing unit
in the
county that has received the benefit of the taxes or
penalties
previously overpaid, in proportion to the benefits
previously
received. If, after the credit has been made, there
remains a
balance of the overpayment, or if there are no taxes or
penalties
due from the applicant, the auditor shall refund that
balance to
the applicant by a warrant drawn on the county
treasurer in favor
of the applicant. The treasurer shall pay the
warrant from the
general fund of the county. If there is
insufficient money in the
general fund to make the payment, the
treasurer shall pay the
warrant out of any undivided manufactured or mobile
home taxes
subsequently received by the treasurer for
distribution to the
county or taxing district in the county that received the benefit
of the overpaid taxes, in proportion to the benefits previously
received, and the amount paid from the undivided funds shall be
deducted from the money otherwise distributable to the county or
taxing district in the county at the next or any succeeding
distribution. At the next or any succeeding distribution after
making the refund, the treasurer shall reimburse the general fund
for any payment made from that fund by deducting the amount of
that payment from the money distributable to the county or other
taxing unit in the county that has received the benefit of the
taxes, in proportion to the benefits previously received. On the
second Monday in September of each year, the county auditor shall
certify the total amount of the reductions in taxes made in the
current year under division (A)(3) of this section to the tax
commissioner who shall treat that amount as a reduction in taxes
for the current tax year and shall make reimbursement to the
county of that amount in the manner prescribed in section
4503.068
of the Revised Code, from moneys appropriated for that
purpose.
(B) If in any year after an application has been filed
under
division (A) of this section the owner no longer qualifies
for the
reduction in assessable value taxes for which the owner was issued a
certificate or qualifies for a reduction that is less than either
the per cent or amount of the reduction to which the owner
was
entitled in the year the application was filed, the owner shall
notify the
county auditor that the owner is not qualified for a
reduction in the
assessable value of the home or file a new
application under division (A) of this section taxes.
During January of each year, the county auditor shall
furnish
each person issued a certificate of reduction in value,
by
ordinary mail, a form on which to report any changes in total
income that would have the effect of increasing or decreasing the
reduction to which the person is entitled, changes in ownership of
the
home, including changes in or revocation of a
revocable inter
vivos trust, changes in disability, and other
changes in the
information earlier furnished the auditor relative
to the
application. The form shall be completed
and returned to
the
auditor not later than the first Monday in June if the
changes
would affect the level of reduction in assessable value.
(C) No person shall knowingly make a false statement for
the
purpose of obtaining a reduction in assessable value taxes under
section
4503.065 of the Revised Code.
(D) No person shall knowingly fail to notify the county
auditor of any change required by division (B) of this section
that has the effect of maintaining or securing a reduction in
assessable value of the home in excess of the
reduction allowed taxes
under section 4503.065 of the Revised Code.
(E) No person shall knowingly make a false statement or
certification attesting to any person's physical or mental
condition for purposes of qualifying such person for tax relief
pursuant to sections 4503.064 to 4503.069 of the Revised Code.
(F)
Whoever violates division (C), (D), or
(E) of this
section is guilty of a misdemeanor of the fourth degree.
Sec. 4503.067. (A) At the same time the tax bill for the first half of the tax year is issued,
the county auditor shall issue a certificate of reduction in
assessable value of taxes for a manufactured or mobile home in triplicate for each
person who has complied with section 4503.066 of the Revised Code
and been found by the auditor to be entitled to a reduction of
assessable value in taxes for the succeeding tax year. The certificate
shall set forth the assessable value of the home
calculated under section 4503.06 of the Revised Code and the
amount of the reduction in assessable value of the
home taxes calculated under section 4503.065 of the Revised Code. Upon
issuance of the certificate, the auditor shall reduce the
assessable value of manufactured home tax levied on the home for the succeeding tax
year by the required amount and forward the original and one copy of
the
certificate to the county treasurer. The auditor shall retain one copy of
the certificate. The treasurer shall retain
the original certificate and forward the remaining copy to the
recipient with
the tax bill delivered
pursuant to division (D)(6) of section
4503.06 of the Revised Code.
(B) If the application or a continuing application is not
approved, the auditor shall notify the applicant of the reasons
for denial no later than the first Monday in October. If a
person believes that the person's application for reduction in
assessable value of a home taxes has been improperly denied or is for
less than that to which the person is entitled,
the person may file an appeal
with the county board of revision no later than the thirty-first
day of January of the following calendar year. The appeal shall
be treated in the same manner as a complaint relating to the
valuation or assessment of real property under Chapter 5715. of
the Revised Code.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway motorcycle,
and
all-purpose vehicle required to be
registered under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information:
(1) A brief description of the motor vehicle to be
registered, including the year, make, model, and vehicle identification number, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the
current registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, driver's license number, or state identification number, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number. The bureau of
motor vehicles shall retain in its records all social security
numbers provided under this section, but the bureau shall not
place social security numbers on motor vehicle certificates of
registration.
(B) Except as otherwise provided in this division, each time an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a physical
certificate of title or memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk instead has issued an electronic
certificate of title for the applicant's motor vehicle, that
certificate may be presented for inspection at the time of first
registration in a manner prescribed by rules adopted by the
registrar. An applicant is not required to present a certificate of title to an electronic motor vehicle dealer acting as a limited authority deputy registrar in accordance with rules adopted by the registrar. When a
motor vehicle inspection and maintenance
program is in effect
under section 3704.14 of the Revised Code and
rules adopted under
it, each application for registration for a
vehicle required to
be inspected under that section and those
rules shall be
accompanied by an inspection certificate for the
motor vehicle
issued in accordance with that section. The
application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code.
(3) A
certificate of title or memorandum certificate of
title is required but does not
accompany
the application or, in the case of an
electronic certificate of title, is required but is not presented in a manner
prescribed by the registrar's rules.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall indicate, by a stamp or
by other means the registrar
prescribes, on the
registration certificate issued upon the first
registration of a
motor vehicle by or on behalf of the owner the
odometer reading
of
the motor vehicle as shown in the odometer
statement included
in
or attached to the certificate of title.
Upon each subsequent
registration of the motor vehicle by or on
behalf of the same
owner, the official also shall so indicate the
odometer reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing with each registration renewal with an expiration date on or after October 1, 2003, and for each initial application for registration received on and after that date, the registrar and each deputy registrar shall collect an additional fee of eleven dollars for each application for registration and registration renewal received. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under division (C)(1) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the state highway safety fund established in section 4501.06 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail or by electronic means. Any person
owning
a motor vehicle that was registered in the person's name
during the
preceding registration
year shall renew the
registration of the motor vehicle not more than ninety
days prior
to the expiration date of the registration either by
mail or by
electronic means through the
centralized system of registration
established
under this section, or in person at any office of the
registrar or at a deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail
a
renewal notice to the person in whose name the motor
vehicle is
registered. The renewal notice shall clearly state
that the
registration of the motor vehicle may be renewed by mail
or
electronic means
through the centralized system of registration or
in person at any office
of
the registrar or at a deputy
registrar's office and shall be preprinted
with information
including, but not limited to, the owner's name and
residence
address as shown in the records of the bureau of motor
vehicles, a
brief description of the motor vehicle to be
registered, notice of
the license taxes and fees due on the motor
vehicle, the toll-free
telephone number of the registrar as
required under division
(D)(1) of section 4503.031 of the Revised
Code, and any additional
information the registrar may require by
rule. The renewal notice
shall be sent by regular mail to
the owner's last known address as
shown in the records of the bureau
of motor vehicles.
(2) If the application for
renewal of the registration of a
motor vehicle is prohibited from being
accepted by the registrar
or a deputy registrar by division (D) of section 2935.27, division
(A) of section 2937.221, division (A) of section
4503.13, division
(B) of section
4510.22,
or division (B)(1) of section
4521.10 of
the Revised Code, the registrar is
not required to send
a renewal
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the
information contained in the notice, sign it either manually or by
electronic means, and return it, either by mail or electronic
means, or
the owner may take it in
person to any office of the
registrar or of a deputy registrar,
together with a financial
transaction device number,
when permitted by rule of the
registrar, check, or money order in the amount of the
registration
taxes and fees payable on the motor vehicle and a
mail fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, plus
postage as
indicated on the notice, if the registration
is renewed
by mail,
and an inspection certificate for the motor
vehicle as
provided
in section 3704.14 of the Revised Code. If
the motor
vehicle owner chooses
to renew the motor vehicle
registration by
electronic means,
the owner shall proceed in
accordance with the
rules the registrar adopts.
(D) If all registration and transfer fees for the motor
vehicle for the preceding year or the preceding period of the
current registration year have not been paid, if division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division
(B) of section
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code prohibits
acceptance
of the renewal notice, or if
the owner or lessee does
not have an
inspection certificate for the motor
vehicle as
provided in
section 3704.14 of the Revised Code, if
that section
is
applicable, the license shall be refused, and the
registrar or
deputy registrar shall so notify the owner. This
section does not
require the payment of license or registration
taxes on a motor
vehicle for any preceding year, or for any
preceding period of a
year, if the motor vehicle was not taxable
for that preceding year
or period under section 4503.02, 4503.04,
4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised
Code.
(E)(1) Failure to receive a renewal notice does not
relieve
a motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and sign the application
manually or by electronic means
and submit the application and
pay any applicable
license taxes
and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application
for
registration and the registrar is prohibited by division (D)
of
section 2935.27, division (A) of section 2937.221, division (A)
of
section 4503.13, division
(B) of section
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code from
accepting the
application, the registrar
shall return the
application and the
payment to the owner. If the owner of a motor
vehicle
submits a
registration renewal application to the
registrar by electronic
means and the registrar is prohibited from
accepting the
application as provided in this division, the
registrar shall
notify the
owner of this fact and deny the
application and return
the payment or give a
credit on the
financial transaction device
account
of the owner in
the manner
the registrar prescribes by
rule adopted pursuant to division
(A)
of this section.
(F) Every deputy registrar shall post in a prominent place
at the deputy's office a notice informing the public of the
mail
registration system required by this section and also shall post
a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The
two dollars and
seventy-five cents fee
collected
from July 1, 2001, through December 31, 2002, the three
dollars
and twenty-five cents fee collected from January 1, 2003,
through
December 31, 2003, and the three dollars and fifty cents
fee
collected after January 1, 2004, plus
postage and any
financial
transaction device
surcharge collected by the registrar
for
registration by mail, shall be paid to the credit of the
state
bureau of motor vehicles fund
established by section 4501.25 of
the Revised Code.
(H)(1) Pursuant to section 113.40 of the Revised Code, the
registrar may implement a program
permitting payment of motor
vehicle registration taxes and fees,
driver's license and
commercial driver's license fees, and any
other taxes, fees,
penalties, or charges imposed or levied by the state
by means of a
financial transaction device.
The registrar may adopt rules as
necessary for this purpose.
(2) Commencing with deputy registrar contract awards that have a start date of July 1, 2008, and for all contract awards thereafter, the registrar shall incorporate in the review process a score for whether or not a proposer states that the proposer will accept payment by means of a financial transaction device, including credit cards and debit cards, for all department of public safety transactions conducted at that deputy registrar location.
A deputy registrar shall not be required to accept payment by means of a financial transaction device unless the deputy registrar agreed to do so in the deputy registrar's contract. The bureau shall not be required to pay any costs incurred by a deputy registrar who accepts payment by means of a financial transaction device that result from the deputy registrar accepting payment by means of a financial transaction device.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Sec. 4503.35. (A) The motor vehicles furnished by the state for use by the
elective state officials, and motor vehicles owned and operated by political
subdivisions of the state, are exempt from section 4503.23 of the Revised
Code.
(B) The motor following vehicles are exempt from section 4503.23 of the Revised Code:
(1) Motor vehicles operated by troopers of the state highway patrol, and motor;
(2) Motor
vehicles operated by or on behalf of any person whose responsibilities include
involvement in authorized civil or criminal investigations requiring that the
presence and identity of the vehicle occupants be undisclosed, are exempt from
section 4503.23 of the Revised Code;
(3) Motor vehicles used to assist crime victims when a state agency determines that the situation warrants it.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the clerk of the court of common pleas
of
that county. Any
payments required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds.
(2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system.
(3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate of title also shall be accompanied by that
certificate
of title duly assigned, unless otherwise provided in
this chapter.
If a certificate of title previously has not been
issued for the
motor vehicle in this state, the application,
unless otherwise
provided in this chapter, shall be accompanied
by a manufacturer's
or importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2131.12 of
the Revised Code.
If the applicant requests a
designation of
the
motor vehicle in beneficiary form so that upon
the death of
the
owner of the motor vehicle, ownership of the
motor vehicle
will
pass to a designated transfer-on-death
beneficiary or
beneficiaries, the applicant may do so as provided
in section
2131.13 of the Revised Code. A person who establishes
ownership
of a motor vehicle that is transferable on death in
accordance
with section 2131.13 of the Revised Code may terminate
that type
of ownership or change the designation of the
transfer-on-death
beneficiary or beneficiaries by applying for a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
registrar, after consultation
with the attorney general, shall
adopt rules that govern the
location at which, and the manner in
which, are stored the actual
application and all other documents
relating to the sale of a
motor vehicle when an electronic motor
vehicle dealer files the
application for a certificate of title
electronically on behalf of
the purchaser.
The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and that the application is in the
proper form,
the
clerk,
within
five business days after the
application is
filed and except as provided in section 4505.021 of the Revised Code, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal,
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin.
(4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement.
In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty days after the assignment or
delivery of the
motor
vehicle. If an application for a
certificate of title is
not
filed within
the period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made.
(6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code.
(B)(1) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code.
(2) For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a poundage
fee of one and one one-hundredth
per cent,
and the clerk
shall
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
(3) In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax.
(4) Each county clerk shall forward to the treasurer of state all sales and use tax collections resulting from sales of motor vehicles, off-highway motorcycles, and all-purpose vehicles during a calendar week on or before the Friday following the close of that week. If, on any Friday, the offices of the clerk of courts or the state are not open for business, the tax shall be forwarded to the treasurer of state on or before the next day on which the offices are open. Every remittance of tax under division (B)(4) of this section shall be accompanied by a remittance report in such form as the tax commissioner prescribes. Upon receipt of a tax remittance and remittance report, the treasurer of state shall date stamp the report and forward it to the tax commissioner. If the tax due for any week is not remitted by a clerk of courts as required under division (B)(4) of this section, the commissioner may require the clerk to forfeit the poundage fees for the sales made during that week.
The treasurer of state may require the clerks of courts to transmit tax collections and remittance reports electronically.
(C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or 4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or beneficiaries
pursuant
to section
2131.13 of the Revised Code, in
connection
with the
creation
of a
security interest or for a vehicle with a gross vehicle weight rating of more than sixteen thousand pounds.
(D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of
title unless the tax imposed by or pursuant to Chapter
5741.
of
the Revised Code
based on the purchaser's county of residence
has
been paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the tax. Upon payment of the tax in
accordance with
division
(E) of this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not retain a poundage fee from payments of taxes by
persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales.
(E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller check issued by any
insured financial institution payable
to the clerk and submitted with an
application
for a certificate
of title under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal check, credit
card, electronic transfer or wire
transfer,
debit card, or any other accepted
form of payment made
payable to
the clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
the
information to the
commissioner
that the
commissioner
requires.
The clerk shall deduct
the amount of taxes due but not
paid from
the clerk's periodic
remittance of tax payments, in
accordance
with
procedures agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13 of the
Revised Code.
Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
and the penalty
shall
be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by
the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division.
(F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state
for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23) of section 5739.02 under the circumstances described in division (B)(1) of section 5739.029 of the Revised Code,
and
upon
presentation of a copy of the affidavit provided by
that
section,
and a copy of the exemption certificate provided
by
section
5739.03 of the Revised Code.
(G) An application, as prescribed by the registrar
and
agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable by six months' imprisonment or
a fine of up to
one thousand dollars, or both. All transfers are
audited by the
department of taxation. The seller and buyer must
provide any
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt issued by
the tax commissioner showing payment
of the tax. For sales of
manufactured homes or mobile homes
occurring on or after January 1,
2000, the applicant shall pay to
the clerk an additional fee of five dollars
for each certificate
of title issued by the clerk for a
manufactured or mobile home
pursuant to division (H) of section 4505.11 of the Revised Code
and for each certificate of title issued upon transfer of
ownership of
the home. The clerk shall credit the fee to the
county
certificate of title administration fund, and the fee shall
be used to
pay
the expenses of archiving
those certificates
pursuant to
division
(A) of section 4505.08
and division (H)(3)
of section
4505.11 of
the Revised Code. The tax commissioner
shall
administer any tax
on a manufactured or mobile home
pursuant to
Chapters 5739. and
5741. of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4511.093. (A)(1) No law enforcement officer who stops the operator of a motor vehicle in the course of an authorized sobriety or other motor vehicle checkpoint operation or a motor vehicle safety inspection shall issue a ticket, citation, or summons for a secondary traffic offense unless in the course of the checkpoint operation or safety inspection the officer first determines that an offense other than a secondary traffic offense has occurred and either places the operator or a vehicle occupant under arrest or issues a ticket, citation, or summons to the operator or a vehicle occupant for an offense other than a secondary offense.
(2) A law enforcement agency that operates a motor vehicle checkpoint for an express purpose related to a secondary traffic offense shall not issue a ticket, citation, or summons for any secondary traffic offense at such a checkpoint, but may use such a checkpoint operation to conduct a public awareness campaign and distribute information.
(B) As used in this section, "secondary traffic offense" means a violation of division (A) or (F)(2) of section 4507.05, division (B)(1)(a) or (b) or (E) of section 4507.071, division (C) of section 4511.81, or division (B) of section 4513.263 of the Revised Code.
Sec. 4511.101. (A) The director of transportation, in
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,
shall establish a program for the placement of business logos for
identification purposes on
state directional signs within the rights-of-way of divided, multi-lane,
limited access highways in both rural and urban
areas.
(B) All direct and indirect costs of the business logo
sign program established pursuant to this section shall be fully
paid by the businesses applying for participation in the program.
At any interchange where a business logo sign is erected, such
costs shall be divided equally among the participating
businesses. The direct and indirect costs of the program shall
include, but not be limited to, the cost of capital, directional
signs, blanks, posts, logos, installation, repair, engineering,
design, insurance, removal, replacement, and administration.
Nothing in this chapter shall be construed to prohibit the
director from establishing such a program.
(C) The director, in accordance with rules adopted
pursuant to Chapter 119. of the Revised Code, may contract with
any private person to operate, maintain, and market the business
logo sign program. The rules shall describe the terms of the
contract, and shall allow for a reasonable profit to be earned by
the successful applicant. In awarding the contract, the director
shall consider the skill, expertise, prior experience, and other
qualifications of each applicant.
(D) As used in this section, "urban area" means an area
having a population of fifty thousand or more according to the
most recent federal census and designated as such on urban maps
prepared by the department.
(E) Neither the department nor the director shall do either
of the
following:
(1) Limit the right of any person to erect, maintain,
repair, remove, or utilize any off-premises or on-premises
advertising device;
(2) Make participation in the business logo sign program
conditional upon a business agreeing to limit, discontinue,
withdraw, modify, alter, or change any advertising or sign.
(F) The program shall permit the business logo signs of a seller of motor vehicle fuel to include on the seller's signs a marking or symbol indicating that the seller sells one or more types of alternative fuel so long as the seller in fact sells that fuel.
As used in this division, "alternative fuel" has the same meaning as in section 125.831 of the Revised Code.
(G) The program shall permit the business logo signs of retail pharmacies open to the public if the business satisfies all of the following:
(1) Operates continuously for twenty-four hours per day, seven days per week;
(2) Has a pharmacist licensed under Chapter 4729. of the Revised Code on duty at all times;
(3) Is located within three miles of an interchange of a divided, multi-lane, limited access highway;
(4) Is directly accessible by the public.
Sec. 4513.241. (A) The director of public safety, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules governing the use of tinted glass, and the use of
transparent, nontransparent, translucent, and reflectorized
materials in or on motor vehicle windshields, side windows,
sidewings, and rear windows that prevent a person of normal
vision
looking into the motor vehicle from seeing or identifying
persons
or objects inside the motor vehicle.
(B) The rules adopted under this section may provide for
persons who meet either of the following qualifications:
(1) On
November 11, 1994, or the effective date of
any rule
adopted under this section, own a motor
vehicle that does not
conform to the requirements of this
section or of any
rule
adopted
under this section;
(2) Establish residency in this state and are required to
register a motor vehicle that does not conform to the
requirements
of this section or of any rule adopted under this
section.
(C) No person shall operate, on any highway or other
public
or private property open to the public for vehicular
travel or
parking, lease, or rent any motor vehicle that is
registered in
this state unless the motor vehicle conforms to the
requirements
of this section and of any applicable rule adopted
under this
section.
(D) No person shall install in or on any motor vehicle,
any
glass or other material that fails to conform to the
requirements
of this section or of any rule adopted under this
section.
(E) No used motor vehicle dealer or new motor vehicle
dealer, as defined in section 4517.01 of the Revised Code, shall
sell any motor vehicle that fails to conform to the requirements
of this section or of any rule adopted under this section.
(F) No reflectorized materials shall be permitted upon or
in
any front windshield, side windows, sidewings, or rear window.
(G) This section does not apply to the manufacturer's
tinting or glazing of motor vehicle windows or windshields that
is
otherwise in compliance with or permitted by federal motor
vehicle
safety standard number two hundred five.
(H) With regard to any side window behind a driver's seat or
any rear window
other than any window on an emergency door, this
section does not apply to any
school bus used to transport a
handicapped child with disabilities pursuant to a special
education program under
Chapter 3323. of the Revised Code, whom it is
impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by a school district. As
used in this
division, "handicapped child with disabilities" and "special education
program" have has the same
meanings meaning as in section 3323.01 of the
Revised Code.
(I) This section does not apply to any school bus that is to
be sold and
operated outside this state.
(J)
Whoever violates division (C), (D),
(E), or (F) of this
section is guilty of a minor
misdemeanor.
Sec. 4513.263. (A) As used in this section and in section
4513.99 of the Revised Code:
(1) "Automobile" means any commercial tractor, passenger
car, commercial car, or truck that is required to be
factory-equipped with an occupant restraining device for the
operator or any passenger by regulations adopted by the United
States secretary of transportation pursuant to the "National
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety
belt,
shoulder belt, harness, or other safety device for
restraining a
person who is an operator of or passenger in an
automobile and
that satisfies the minimum federal vehicle safety
standards
established by the United States department of
transportation.
(3) "Passenger" means any person in an automobile, other
than its operator, who is occupying a seating position for which
an occupant restraining device is provided.
(4) "Commercial tractor," "passenger car," and "commercial
car" have the same meanings as in section 4501.01 of the Revised
Code.
(5) "Vehicle" and "motor vehicle," as used in the
definitions of the terms set forth in division (A)(4) of this
section, have the same meanings as in section 4511.01 of the
Revised Code.
(6) "Tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a product liability claim, as defined in section 2307.71 of the Revised Code, and an asbestos claim, as defined in section 2307.91 of the Revised Code, but does not include a civil action for damages for breach of contract or another agreement between persons.
(B) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus
that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the
requirement
set forth in division (B)(3) of this section is
wearing all of the
available elements of a properly adjusted
occupant restraining
device;
(3) Occupy, as a passenger, a seating position on the
front
seat of an automobile being operated on any street or
highway
unless that person is wearing all of the available elements
of a
properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C) Division (B)(3) of this section does not apply to a
person who is required by section 4511.81 of the Revised Code to
be secured in a child restraint device. Division (B)(1) of this
section does not apply to a person who is an employee of the
United States postal service or of a newspaper home delivery
service, during any period in which the person is engaged in the
operation of an automobile to deliver mail or newspapers to
addressees. Divisions (B)(1) and (3) of this section do not
apply
to a person who has an affidavit signed by a physician
licensed to
practice in this state under Chapter 4731. of the
Revised Code or
a chiropractor licensed to practice in this state
under Chapter
4734. of the Revised Code that states that the
person has a
physical impairment that makes use of an occupant
restraining
device impossible or impractical.
(D) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of an
automobile
being operated on any street or highway to stop the
automobile for
the sole purpose of determining whether a
violation of division
(B) of this section has been or is being
committed or for the sole
purpose of issuing a ticket, citation,
or summons for a violation
of that nature or
causing the arrest of or
commencing a
prosecution of a person for a violation of
that nature, and no
law
enforcement officer shall view the interior or visually
inspect
any automobile being operated on any street or highway
for the
sole purpose of determining whether a violation of that
nature has
been or is being committed.
(E) All fines collected for violations of division (B) of
this section, or for violations of any ordinance or resolution of
a political subdivision that is substantively comparable to that
division, shall be forwarded to the treasurer of state for deposit
as follows:
(1) Eight per cent shall be deposited into the seat belt
education fund, which is hereby created in the state treasury,
and
shall be used by the department of public safety to establish a
seat belt education program.
(2) Eight per cent shall be deposited into the elementary
school program fund, which is hereby created in the state
treasury,
and shall be used by the department of public safety to
establish
and administer elementary school programs that encourage
seat safety
belt use.
(3) Two per cent shall be
deposited into the Ohio
medical transportation trust occupational licensing and regulatory fund created by section
4766.05 4743.05 of the
Revised
Code.
(4) Twenty-eight per cent shall be deposited into the
trauma
and emergency medical services fund, which is hereby created in
the
state treasury, and shall be used by the department of public
safety for the administration of the division of emergency
medical
services and the state board of emergency medical services.
(5) Fifty-four per cent shall be
deposited
into the trauma
and emergency
medical services grants fund, which is hereby
created in the state
treasury, and shall be used by the state
board of emergency
medical services to make grants, in accordance
with section
4765.07 of the Revised Code and rules the board
adopts
under
section 4765.11 of the Revised Code.
(F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device in violation of division (B)(1) or (3) of this section
or the failure of a person
to ensure that
each minor who is a
passenger of an automobile
being
operated by
that person is
wearing all of the available
elements of
a properly adjusted occupant restraining
device
in
violation of division (B)(2) of this
section shall
not
be
considered
or used by the trier of fact in a tort action as
evidence of negligence or contributory negligence. But, the trier of fact may determine based on evidence admitted consistent with the Ohio rules Rules of evidence Evidence that the failure contributed to the harm alleged in the tort action and may diminish a
recovery
of compensatory damages that represents noneconomic loss, as defined in section 2307.011 of the Revised Code, in
a tort action
that could have been recovered but for the plaintiff's failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as
a
basis for a
criminal prosecution of the person other than a
prosecution for a
violation of this section; and shall not be
admissible as evidence
in
a criminal action involving
the person other than a
prosecution for a violation of this
section.
(2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following:
(a) It seeks to recover damages for injury or death to the
occupant.
(b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car.
(c) The claim for relief against the defendant in question
is that the injury or death sustained by the occupant was
enhanced
or aggravated by some design defect in the passenger car
or that
the passenger car was not crashworthy.
(G)(1) Whoever violates division (B)(1) of this section
shall be fined thirty dollars.
(2) Whoever violates division (B)(3) of this section shall
be fined twenty dollars.
(3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this section,
whoever violates division (B)(4) of this section is guilty of a
misdemeanor of the third degree.
Sec. 4513.35. (A) All fines collected under sections
4511.01 to 4511.78, 4511.99, and 4513.01 to 4513.37 of the
Revised Code shall be paid into the county treasury and, with the
exception of that portion distributed under section 3375.53 of
the Revised Code, shall be placed to the credit of the fund for
the maintenance and repair of the highways within that county,
except that:
(1) All fines for violations of division (B) of section
4513.263 shall be delivered to the treasurer of state as provided
in division (E) of section 4513.263 of the Revised Code.
(2) All fines collected from, or moneys arising from bonds
forfeited by, persons apprehended or arrested by state highway
patrolmen shall be distributed as provided in section 5503.04 of
the Revised Code.
(3)(a) Subject to division (E) of section 4513.263 of the
Revised Code and except as otherwise provided in division
(A)(3)(b) of this section, one-half of all fines collected from,
and one-half of all moneys arising from bonds forfeited by,
persons apprehended or arrested by a township constable or other
township police officer shall be paid to the township treasury to
be placed to the credit of the general fund.
(b) All fines collected from, and all moneys arising from
bonds forfeited by, persons apprehended or arrested by a township
constable or other township police officer pursuant to division
(B)(2) of section 4513.39 of the Revised Code for a violation of
section 4511.21 of the Revised Code or any other law, ordinance,
or regulation pertaining to speed that occurred on a highway
included as part of the interstate system, as defined in section
5516.01 of the Revised Code, shall be paid into the county
treasury and be credited as provided in the first paragraph of
this section.
(B) Notwithstanding any other provision of this section or
of any other section of the Revised Code:
(1) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(1)
or (2) of section 2935.03 of the Revised Code are deemed to be
collected, and to arise, from arrests made within the
jurisdiction in which the arresting officer is appointed,
elected, or employed, for violations of one of the sections or
chapters of the Revised Code listed in division (E)(1) of
that section and shall be distributed accordingly.
(2) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(3)
of section 2935.03 of the Revised Code are deemed to be collected,
and to arise, from arrests made within the jurisdiction in which
the arresting officer is appointed, elected, or employed, for
violations of municipal ordinances that are substantially
equivalent to one of the sections or one of the provisions of one
of the chapters of the Revised Code listed in division
(E)(1)
of that section and for violations of one of the sections or one of the provisions of one of the chapters of the Revised Code listed in division (E)(1) of that section, and shall be distributed accordingly.
Sec. 4517.261. A motor vehicle dealer may contract for and receive a documentary service charge for a retail or wholesale sale or lease of a motor vehicle. A documentary service charge shall be specified in writing without itemization of the individual services provided. A documentary service charge shall be the lesser of the following:
(A) The amount allowed in a retail installment sale;
(B) Ten per cent of the amount the buyer or lessee is required to pay pursuant to the contract, excluding tax, title, and registration fees, and any negative equity adjustment.
Sec. 4703.071. (A) The state board of examiners of architects shall establish and maintain and administer an architecture education assistance program to pay applicant enrollment fees for the internship program required of applicants by section 4703.07 of the Revised Code.
(B) The board shall adopt rules in accordance with Chapter 119. of the Revised Code to establish all of the following:
(1) Applicant eligibility criteria for receipt of internship program enrollment fees, which must include a requirement that applicants be enrolled in an architecture education program at an institution within the state that has been approved by the board and accredited by the national architectural accrediting board, and may include a requirement that the applicant has completed a minimum amount of course work in the program as prescribed by the state board by rule;
(2) Application procedures for payment of internship program enrollment fees;
(3) The maximum amount of internship program enrollment fees that may be provided by the architecture education assistance program to an applicant;
(4) The total amount of internship program enrollment fees that may be disbursed by the architecture education assistance program in any given fiscal year;
(5) The means by which other matters incidental to the operation of the program may be approved, including the means to authorize necessary expenses for the operation of the architecture education assistance program.
(C) The receipt of internship program enrollment fees under this section shall not affect a student's eligibility for any other assistance, or the amount of that assistance.
Sec. 4715.251. Each person licensed to practice as a dental hygienist and
required to register with the state dental board shall, each time he
the person applies for renewal of registration beginning in 1995, be
currently certified to perform basic life-support procedures by having
successfully completed a basic life-support training course certified by
either the American red cross or, the American heart association, or, if determined equivalent by the board, the American safety and health institute. An applicant
for renewal of registration shall certify on the application for renewal of
registration prescribed by the board under section 4715.24 of the Revised Code
that he the applicant possesses the certification required by
this section.
The board shall, not later than one hundred eighty days after the effective date of this amendment, determine whether basic life-support training certified by the American safety and health institute meets national standards. The board shall compare the training certified by the institute with the training certified by the American red cross and the American heart association and the training of instructors certified by the institute to the training of instructors certified by the American red cross and the American heart association.
If the board determines that the training certified by the American safety and health institute meets national standards and is equivalent to the training certified by the American red cross and the American heart association, the board shall accept training certified by the American safety and health institute in fulfillment of the requirements of this section.
Sec. 4717.07. (A) The board of embalmers and
funeral
directors shall charge and collect the following fees:
(1) For the initial issuance or biennial renewal of an embalmer's or funeral
director's license, one hundred forty dollars;
(2) For the issuance of an embalmer or funeral director
registration,
twenty-five dollars;
(3) For filing an embalmer or funeral director certificate
of
apprenticeship, ten dollars;
(4) For the application to take the examination for a
license to practice as an embalmer or funeral director, or to
retake a section of the examination, thirty-five dollars;
(5) For the
initial issuance
of a license to
operate a
funeral home, two hundred fifty dollars
and
biennial renewal
of a license to operate a funeral home, two
hundred fifty dollars;
(6) For the reinstatement of a lapsed embalmer's or
funeral
director's license, the renewal fee prescribed in division
(A)(5)(1)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(7) For the reinstatement of a lapsed license to
operate a
funeral home, the renewal fee prescribed in division (A)(6)(5)
of
this section plus fifty dollars for each month or portion of a
month the
license is lapsed until reinstatement;
(8) For the
initial issuance
of a license to
operate an
embalming facility, two hundred dollars
and biennial
renewal of a
license to operate an embalming facility, two hundred
dollars;
(9) For the reinstatement of a lapsed license to
operate an
embalming facility, the renewal fee prescribed in division
(A)(9)(8)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(10) For the
initial issuance
of a license to
operate a
crematory facility, two hundred dollars
and biennial
renewal of a
license to operate a crematory facility, two hundred
dollars;
(11) For the reinstatement of a lapsed license to
operate a
crematory facility, the renewal fee prescribed in division
(A)(11)(10)
of this section plus fifty dollars for each month or
portion of a
month the license is lapsed until reinstatement;
(12) For the issuance of a duplicate of a license issued
under this
chapter, four dollars.
(B) In addition to the fees set forth in
division (A) of
this section, an applicant shall pay the
examination fee assessed
by any examining agency the board uses
for any section of an
examination required under this chapter.
(C) Subject to the approval of the controlling
board, the
board of embalmers and funeral directors may establish
fees in
excess of the amounts set forth in this section, provided
that
these fees do not exceed the amounts set forth in this
section by
more than fifty per cent.
Sec. 4723.32. This chapter does not prohibit any of the
following:
(A) The practice of nursing by a student
currently enrolled
in and actively pursuing completion of a prelicensure
nursing
education program approved by the board of nursing, if all of
the following are the case:
(1) The student is participating in a program located in this state and approved by the board of nursing or participating in this state in a component of a program located in another jurisdiction and approved by a board that is a member of the national council of state boards of nursing;
(2) The
student's practice is under
the auspices of the program and the;
(3) The
student acts under the
supervision of a registered nurse serving
for the program
as a faculty member or teaching assistant;.
(B) The rendering of medical assistance to a licensed
physician,
licensed dentist, or licensed podiatrist by a person
under the
direction, supervision, and control of such licensed
physician,
dentist, or podiatrist;
(C) The activities of persons employed as nursing aides,
attendants, orderlies, or other auxiliary workers in patient
homes, nurseries, nursing homes, hospitals, home health agencies,
or other similar institutions;
(D) The provision of nursing services to family members or
in emergency situations;
(E) The care of the sick when
done in connection with the
practice of religious tenets of any church and by or for its
members;
(F) The practice of nursing as a certified registered
nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified
nurse practitioner by a student currently
enrolled
in and actively pursuing completion of a program of study
leading
to initial authorization by the board of nursing to practice nursing in the
specialty, if
both all of the
following are the case:
(1) The program qualifies the student to sit for the
examination
of
a national certifying organization listed in
division (A)(3) of
section 4723.41 of the Revised Code or approved
by the board under
section
4723.46 of the Revised Code or
the
program
prepares the
student to receive a master's degree in
accordance
with division
(A)(2) of section 4723.41 of the Revised
Code;
(2) The student's practice is under the auspices of the
program
and the;
(3) The student acts under the supervision of a registered
nurse
serving for the program as a faculty member, teaching
assistant,
or preceptor.
(G) The
activities of an individual who currently holds a
license to practice
nursing in another jurisdiction, if the
individual's license has not been
revoked, the individual is not
currently under suspension or on probation, the
individual does
not represent the individual as being licensed under this
chapter,
and one of the following is the case:
(1) The individual is engaging in the practice of nursing by
discharging
official duties while employed by or under contract
with the
United
States government or any agency
thereof;
(2) The individual is engaging in the practice of nursing as
an employee
of an individual, agency, or corporation located in
the other
jurisdiction in a position with employment
responsibilities
that include transporting patients into, out of,
or through this
state, as long as each trip in this state does not
exceed seventy-two
hours;
(3) The individual is consulting with an individual licensed
in this
state to practice any health-related profession;
(4) The individual is engaging in activities associated with
teaching in
this state
as a guest lecturer at or for a nursing
education
program, continuing nursing education program, or
in-service
presentation;
(5) The individual is conducting evaluations of nursing care
that are
undertaken on
behalf of an accrediting organization,
including the national
league for nursing accrediting committee,
the joint commission
on accreditation of healthcare organizations,
or any other nationally
recognized accrediting organization;
(6) The individual is providing nursing care to an
individual who is in
this state on a temporary basis, not to
exceed six months in any
one calendar year, if the nurse is
directly employed by or under
contract with the individual or a
guardian or other person
acting on the individual's behalf;
(7) The individual is providing nursing care during any
disaster, natural
or otherwise, that has been officially declared
to be a disaster
by a public announcement issued by an appropriate
federal,
state, county, or municipal official.
(H) The administration of medication by an individual who holds a valid medication aide certificate issued under this chapter, if the medication is administered to a resident of a nursing home or residential care facility authorized by section 4723.63 or 4723.64 of the Revised Code to use a certified medication aide and the medication is administered in accordance with section 4723.67 of the Revised Code.
Sec. 4723.621. The medication aide advisory council created under section 4723.62 of the Revised Code shall make recommendations to the board of nursing with respect to all of the following:
(A) The design and operation of the medication aide pilot program conducted under section 4723.63 of the Revised Code, including a method of collecting data through reports submitted by participating nursing homes and residential care facilities;
(B) The content of the course of instruction required to obtain certification as a medication aide, including the examination to be used to evaluate the ability to administer prescription medications safely and the score that must be attained to pass the examination;
(C) Whether medication aides may administer prescription medications through a gastrostomy or jejunostomy tube and the amount and type of training a medication aide needs to be adequately prepared to administer prescription medications through a gastrostomy or jejunostomy tube;
(D) Protection of the health and welfare of the residents of nursing homes and residential care facilities participating in the pilot program and using medication aides pursuant to section 4723.64 of the Revised Code on or after July 1, 2007;
(E) The board's adoption of rules under section 4723.69 of the Revised Code;
(F) Any other issue the council considers relevant to the use of medication aides in nursing homes and residential care facilities.
Sec. 4723.63. (A) In consultation with the medication aide advisory council established under section 4723.62 of the Revised Code, the board of nursing shall conduct a pilot program for the use of medication aides in nursing homes and residential care facilities. The board shall conduct the pilot program in a manner consistent with human protection and other ethical concerns typically associated with research studies involving live subjects. The pilot program shall be commenced not later than May 1, 2006, and shall be conducted until July 1, 2007 end on the thirty-first day after the report required by division (F)(2) of this section is submitted in accordance with that division.
During the period the pilot program is conducted, a nursing home or residential care facility participating in the pilot program may use one or more medication aides to administer prescription medications to its residents, subject to both all of the following conditions:
(1) Each individual used as a medication aide must hold a current, valid medication aide certificate issued by the board of nursing under this chapter.
(2) The nursing home or residential care facility shall ensure that the requirements of section 4723.67 of the Revised Code are met.
(3) The nursing home or residential care facility shall submit to the board, not later than the thirty-first day after the day the board makes its request under division (F)(1)(a) of this section, the data required by division (F)(1)(a) of this section.
(B) The board, in consultation with the medication aide advisory council, shall do all of the following not later than February 1, 2006:
(1) Design the pilot program;
(2) Establish standards to govern medication aides and the nursing homes and residential care facilities participating in the pilot program, including standards for the training of medication aides and the staff of participating nursing homes and residential care facilities;
(3) Establish standards to protect the health and safety of the residents of the nursing homes and residential care facilities participating in the program;
(4) Implement a process for selecting the nursing homes and residential care facilities to participate in the program.
(C)(1) A nursing home or residential care facility may volunteer to participate in the pilot program by submitting an application to the board on a form prescribed and provided by the board. From among the applicants, the board shall select eighty nursing homes and forty residential care facilities to participate in the pilot program. When the board denies an application, it shall notify, in writing, the president and minority leader of the senate and the speaker and minority leader of the house of representatives of the denial and the reasons for the denial.
(2) To be eligible to participate, a nursing home or residential care facility shall agree to observe the standards established by the board for the use of medication aides. A nursing home is eligible to participate only if the department of health has found in the two most recent surveys survey or inspections inspection of the home that the home is free from deficiencies related to the administration of medication. A residential care facility is eligible to participate only if the department has found that the facility is free from deficiencies related to the provision of skilled nursing care or the administration of medication.
(D) As a condition of participation in the pilot program, a nursing home and residential care facility selected by the board shall pay the participation fee established in rules adopted under section 4723.69 of the Revised Code. The participation fee is not reimbursable under the medicaid program established under Chapter 5111. of the Revised Code.
(E) On receipt of evidence found credible by the board that continued participation by a nursing home or residential care facility poses an imminent danger, risk of serious harm, or jeopardy to a resident of the home or facility, the board may terminate the authority of the home or facility to participate in the pilot program.
(F)(1) With the assistance of the medication aide advisory council, the board shall conduct an evaluation of the pilot program. In conducting the evaluation, the board shall do all of the following:
(a) Request from each nursing home and residential care facility participating in the pilot program, on the ninety-first day after the day the board issues a medication aide certificate under section 4723.651 of the Revised Code to the seventy-fifth individual, the data the board requires participating nursing homes and residential care facilities to report under rules the board adopts under section 4723.69 of the Revised Code.
(b) Assess whether medication aides are able to administer prescription medications safely to nursing home and residential care facility residents;
(b)(c) Determine the financial implications of using medication aides in nursing homes and residential care facilities;
(c)(d) Consider any other issue the board or council considers relevant to the evaluation.
(2) Not later than March 1, 2007 the one hundred eighty-first day after the day the board issues a medication aide certificate under section 4723.651 of the Revised Code to the seventy-fifth individual, the board shall prepare a report of its findings and recommendations derived from the evaluation of the pilot program. The board shall submit the report to the governor, president and minority leader of the senate, speaker and minority leader of the house of representatives, and director of health.
(G) The board shall, on the day it issues a medication aide certificate to the seventy-fifth individual, post a notice on its web site indicating the date on which any nursing home or residential care facility may use medication aides in accordance with section 4723.64 of the Revised Code.
Sec. 4723.64. On and after July 1, 2007 the thirty-first day following the board of nursing's submission of the report required by division (F)(2) of section 4723.63 of the Revised Code, any nursing home or residential care facility may use one or more medication aides to administer prescription medications to its residents, subject to both of the following conditions:
(A) Each individual used as a medication aide must hold a current, valid medication aide certificate issued by the board of nursing under this chapter.
(B) The nursing home or residential care facility shall ensure that the requirements of section 4723.67 of the Revised Code are met.
Sec. 4723.65. (A) An individual seeking certification as a medication aide shall apply to the board of nursing on a form prescribed and provided by the board. If the application is submitted on or after July 1, 2007 the day any nursing home or residential care facility may initially use medication aides as specified in section 4723.64 of the Revised Code, the application shall be accompanied by the certification fee established in rules adopted under section 4723.69 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section, an applicant for a medication aide certificate shall submit a request to the bureau of criminal identification and investigation for a criminal records check. The request shall be on the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and shall be accompanied by a standard impression sheet to obtain fingerprints prescribed pursuant to division (C)(2) of that section. The request shall also be accompanied by the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code. On receipt of the completed form, the completed impression sheet, and the fee, the bureau shall conduct a criminal records check of the applicant. On completion of the criminal records check, the bureau shall send the results of the check to the board. An applicant requesting a criminal records check under this division who has not lived in this state for at least five years shall ask the superintendent of the bureau of criminal identification and investigation to also request that the federal bureau of investigation provide the superintendent with any information it has with respect to the applicant.
(2) If a criminal records check of an applicant was completed pursuant to section 3721.121 of the Revised Code not more than five years prior to the date the application is submitted, the applicant may include a certified copy of the criminal records check completed pursuant to that section and is not required to comply with division (B)(1) of this section.
(3) A criminal records check provided to the board in accordance with division (B)(1) or (B)(2) of this section shall not be made available to any person or for any purpose other than the following:
(a) The results may be made available to any person for use in determining whether the individual who is the subject of the check should be issued a medication aide certificate.
(b) The results may be made available to the person who is the subject of the check or a representative of that person.
Sec. 4723.66. (A) A person or government entity seeking approval to provide a medication aide training program shall apply to the board of nursing on a form prescribed and provided by the board. If the application is submitted on or after July 1, 2007 the day any nursing home or residential care facility may initially use medication aides as specified in section 4723.64 of the Revised Code, the application shall be accompanied by the fee established in rules adopted under section 4723.69 of the Revised Code.
(B) The board shall approve the applicant to provide a medication aide training program if the content of the course of instruction to be provided by the program meets the standards specified by the board in rules adopted under section 4723.69 of the Revised Code and includes all of the following:
(1) At least seventy clock-hours of instruction, including both classroom instruction on medication administration and at least twenty clock-hours of supervised clinical practice in medication administration;
(2) A mechanism for evaluating whether an individual's reading, writing, and mathematical skills are sufficient for the individual to be able to administer prescription medications safely;
(3) An examination that tests the ability to administer prescription medications safely and that meets the requirements established by the board in rules adopted under section 4723.69 of the Revised Code.
(C) The board may deny, suspend, or revoke the approval granted to the provider of a medication aide training program for reasons specified in rules adopted under section 4723.69 of the Revised Code. All actions taken by the board to deny, suspend, or revoke the approval of a training program shall be taken in accordance with Chapter 119. of the Revised Code.
Sec. 4731.053. (A) As used in this section,
"physician"
means
an individual authorized by this chapter to practice
medicine and
surgery, osteopathic medicine and surgery, or
podiatric medicine and
surgery.
(B) The state medical board shall adopt rules
that establish
standards to be met and procedures
to be
followed by a physician
with respect to the physician's delegation
of the performance of a
medical task to a person who is not licensed or otherwise
specifically
authorized by the Revised Code
to
perform the task.
The rules shall be
adopted in accordance with Chapter 119. of the
Revised
Code and shall include a coroner's investigator among the individuals who are competent to recite the facts of a deceased person's medical condition to a physician so that the physician may pronounce the person dead without personally examining the body.
(C) To the extent that delegation applies to the
administration
of drugs, the rules adopted under this section
shall provide for all
of the following:
(1) On-site supervision when the delegation
occurs in an
institution or other facility that is used primarily
for the
purpose of providing health care, unless the board establishes a
specific exception to the on-site supervision requirement with
respect to
routine administration of a topical drug, such as the
use of a medicated
shampoo;
(2) Evaluation of whether delegation is appropriate
according to
the acuity of the patient involved;
(3) Training and competency requirements that must be met by
the
person administering the drugs;
(4) Other standards and procedures the board considers
relevant.
(D) The board shall not adopt rules that do any of the
following:
(1) Authorize a physician to transfer the physician's
responsibility for supervising a person who is performing a
delegated
medical task to a health professional other than another
physician;
(2) Authorize an individual to whom a medical task is
delegated
to delegate the performance of that task to another
individual;
(3) Except as provided in divisions (D)(4) to
(7) of this
section, authorize a physician to delegate the administration of
anesthesia,
controlled substances, drugs administered
intravenously, or any other drug or
category of drug the board
considers to be inappropriate for delegation;
(4) Prevent an individual from engaging in an activity
performed
for a handicapped child with a disability as a service needed to meet the
educational needs
of the child, as identified in the
individualized education program
developed for the child under
Chapter 3323. of the Revised
Code;
(5)
Conflict with any provision of the Revised Code that
specifically authorizes an individual to perform a particular
task;
(6) Conflict with any rule adopted pursuant to the
Revised
Code that is in effect on April 10, 2001, as
long
as the rule remains in effect, specifically
authorizing an
individual to
perform a particular task;
(7) Prohibit a perfusionist from administering drugs
intravenously while
practicing as a perfusionist;
(8) Authorize a physician assistant, anesthesiologist
assistant,
or any other professional regulated by the board to
delegate tasks pursuant to
this section.
Sec. 4731.142. (A) Except as provided in division
(B) of
this section, an individual must demonstrate proficiency in
spoken English, by passing an examination specified by the state medical board, to receive a certificate to practice issued under
section
4731.14 of the Revised Code if the individual's eligibility
for the
certificate is based in part on certification from the
educational commission for foreign medical graduates and fulfillment of
the undergraduate requirements established
by section
4731.09 of the Revised Code at an institution outside the United
States. The individual may demonstrate such proficiency by
obtaining a score of forty or higher on
the test of spoken English conducted by the educational testing
service The board shall adopt rules specifying an acceptable examination and establishing the minimum score that demonstrates proficiency in spoken English.
(B) An individual is not required to demonstrate
proficiency in spoken English in accordance with division (A) of
this section if the individual was required to demonstrate
such proficiency
as a condition of certification from the educational
commission for foreign medical graduates.
Sec. 4731.22. (A) The state medical board,
by an
affirmative vote of not fewer than six of its members,
may revoke
or may
refuse to grant a certificate to a person found by the
board to
have committed fraud during the administration of the
examination for a certificate to practice or to have
committed
fraud, misrepresentation, or deception in applying for
or securing
any certificate to practice or certificate of
registration issued
by the board.
(B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate a certificate, or
reprimand or place on
probation the
holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice
or
certificate of
registration to be used by a person, group, or
corporation when
the individual concerned is not actually
directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable
scientific methods in the selection of drugs or other
modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing,
prescribing, or
administering drugs for other than legal and
legitimate therapeutic purposes
or a plea of guilty to, a judicial
finding of guilt of, or a
judicial finding of eligibility for
intervention in
lieu of conviction
of, a violation of any federal
or state law regulating the possession,
distribution, or use of
any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
does not include the making of a report of an
employee's use of a
drug of abuse, or a report of a condition of
an employee other
than one involving the use of a drug of abuse,
to the employer of
the employee as described in division (B) of
section 2305.33 of
the Revised Code.
Nothing in this division
affects the immunity
from
civil liability conferred by that section upon a physician
who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent,
deceptive, or misleading
statement
in the solicitation of or advertising
for patients; in
relation
to the practice of medicine and surgery, osteopathic
medicine
and surgery, podiatric medicine and surgery, or a
limited branch of medicine;
or in securing or attempting to secure
any certificate
to practice or certificate of registration issued
by the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because
of a failure to disclose material facts, is intended or
is likely
to create false or unjustified expectations of
favorable results,
or includes representations or implications
that in reasonable
probability will cause an ordinarily prudent
person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal
standards of care of similar practitioners under the same
or
similar circumstances, whether or not actual injury to a
patient
is established;
(7) Representing, with the purpose of obtaining
compensation
or other advantage as personal gain or for
any other
person, that
an incurable disease or injury, or other incurable
condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a felony;
(10) Commission of an act that constitutes a felony in
this
state, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice;
(16) Failure to pay license renewal fees specified in this
chapter;
(17) Except as authorized in section 4731.31 of the Revised
Code,
engaging in the division of fees
for referral of patients,
or the
receiving of a thing of value in return for a specific
referral of a patient
to utilize a particular service or business;
(18) Subject to section 4731.226 of the Revised Code,
violation of
any provision of a code of ethics
of the American
medical association, the American osteopathic
association, the
American podiatric medical association, or any
other national
professional organizations that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
individual whose certificate is being
suspended or
revoked
shall not be found to have violated any
provision of a code of
ethics of an organization not appropriate
to the
individual's profession.
For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision that would preclude the making of a
report by a
physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(19) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
or consent
to an HIV
test ordered by the board
constitutes an admission of
the
allegations against the
individual
unless the failure is due
to
circumstances beyond the individual's control,
and a default
and
final order may be entered without the taking
of testimony or
presentation of evidence. If the board finds an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the individual
to submit to
care, counseling,
or treatment by physicians approved or
designated by the board, as
a condition for initial, continued,
reinstated, or renewed
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board the
ability to
resume practice in compliance with acceptable and
prevailing
standards under the provisions of the individual's
certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, shall be
deemed to have given consent to submit to a
mental or
physical examination when directed to do so in writing
by the
board, and to have waived all objections to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(20) Except when civil penalties are imposed under section
4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate,
directly or indirectly, or assisting in or
abetting the violation
of, or conspiring to violate, any
provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by
a physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(21) The violation of section 3701.79 of the Revised Code or of any abortion rule adopted by the
public health council pursuant to section 3701.341 of the Revised
Code;
(22) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand;
(23) The violation of section 2919.12 of the Revised Code
or
the performance or inducement of an abortion upon a pregnant
woman
with actual knowledge that the conditions specified in
division
(B) of section 2317.56 of the Revised Code have not been
satisfied
or with a heedless indifference as to whether those
conditions
have been satisfied, unless an affirmative defense as
specified in
division (H)(2) of that section would apply in a
civil action
authorized by division (H)(1) of that section;
(24) The revocation, suspension, restriction, reduction,
or
termination of clinical privileges by the United
States department
of
defense or department of veterans
affairs or the termination or
suspension of a certificate of
registration to prescribe drugs by
the drug enforcement
administration of the United States
department of
justice;
(25) Termination or suspension from participation in the
medicare or
medicaid
programs by the department of health and
human services or other
responsible agency for any act or acts
that also would
constitute a violation of division (B)(2), (3),
(6), (8), or (19)
of this section;
(26) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or
excessive use or abuse of drugs, alcohol, or other substances
that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
certificate to practice under this
chapter, an
individual shall
be deemed to have given consent to
submit to a mental or
physical examination when ordered to do so
by the board in
writing, and to have waived all objections to the
admissibility
of testimony or examination reports that constitute
privileged
communications.
If it has reason to believe that any individual authorized to
practice by
this chapter or any applicant for
certification to
practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both.
The expense of the examination is the
responsibility of the
individual
compelled to be examined. Any
mental or physical
examination required under this division shall
be undertaken by a
treatment provider or physician who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control, and a default and
final order may be
entered without the taking of testimony or
presentation of
evidence. If the board determines that the
individual's ability
to practice is impaired, the board shall
suspend the individual's
certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated,
or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
(27) A second or subsequent violation of section 4731.66
or
4731.69 of the Revised Code;
(28) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a
deductible
or copayment that a patient, pursuant to a health
insurance or
health care policy, contract, or plan that covers
the individual's
services, otherwise would be
required
to pay if the waiver is used
as an enticement to a patient or group of
patients to receive
health care services from that
individual;
(b) Advertising that the individual will waive the
payment
of all or
any part of a deductible or copayment that a patient,
pursuant to
a health insurance or health care policy, contract, or
plan that
covers the individual's services, otherwise would
be
required to pay.
(29) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(30) Failure to provide notice to, and receive
acknowledgment of the
notice from, a patient when required by
section 4731.143 of the Revised Code
prior to providing
nonemergency professional services, or failure to maintain
that
notice in the patient's file;
(31) Failure of a physician supervising a physician
assistant to
maintain supervision in accordance with the
requirements of Chapter
4730. of the Revised Code and the rules
adopted under that chapter;
(32) Failure of a physician or podiatrist to enter into a
standard care
arrangement with a clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner with whom
the physician or podiatrist is in
collaboration pursuant to
section 4731.27 of the Revised Code
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(33) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to
comply with a subpoena or order issued by the board
or failure to
answer truthfully a question presented by the
board at a
deposition or in written interrogatories, except that
failure to
cooperate with an investigation shall not constitute
grounds for
discipline under this section if a court of
competent jurisdiction
has issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(35) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(36) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(37) Assisting suicide as defined in section 3795.01 of the
Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an
adjudication, the board may enter into a consent
agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by an
affirmative vote of not fewer than
six members of the board,
shall constitute the findings and order
of the board with
respect to the matter addressed in the
agreement. If the board
refuses to ratify a consent agreement,
the admissions and
findings contained in the consent agreement
shall be of no force
or effect.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions (B)(10), (12), and (14) of
this
section, the commission of the act may be established by a
finding by the board, pursuant to an adjudication under
Chapter
119. of the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions if
the
trial court renders a final judgment in the individual's favor and
that judgment is based upon an
adjudication on
the merits. The
board has jurisdiction under those
divisions if the trial court
issues an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall
have
no effect upon a prior board order entered under this section
or upon the board's jurisdiction to take action under this section
if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to
show that a person has violated any provision of this
chapter or
any rule adopted under it. Any person may report to the board
in
a signed writing
any information that the person may have that
appears to show a
violation of any provision of this chapter or
any rule
adopted under it. In the absence of bad
faith, any
person who reports information of that nature or who testifies
before the board in any adjudication conducted under
Chapter 119.
of the Revised Code shall not be liable
in damages in a civil
action as a result of the report or
testimony. Each
complaint or
allegation of a violation received by the
board shall be assigned
a case number and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or
any rule
adopted under it shall
be supervised by the supervising
member elected by the board in
accordance with section 4731.02 of
the Revised Code and by the
secretary as provided in section
4731.39 of the Revised Code. The president
may designate another
member of the board to
supervise the investigation in place of the
supervising member. No member of
the board who supervises the
investigation of a case
shall participate in further adjudication
of the case.
(3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and
compel the attendance of witnesses and production
of books,
accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued
without
consultation with the attorney general's office and
approval of
the secretary and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records
sought are relevant
to the alleged violation and
material to the investigation.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a person
whose practice is authorized by this chapter,
service of the
subpoena may be made by certified mail,
restricted delivery,
return receipt requested, and the subpoena
shall be deemed served
on the date delivery is made or the date
the person refuses to
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a
sheriff. Each witness who
appears before the board
in
obedience to a subpoena shall receive the fees
and mileage
provided for witnesses in civil cases in the courts
of common
pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given or, in the
case of a patient, a
waiver of the patient privilege exists under
division (B) of
section 2317.02 of the Revised Code, except that
consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the same
requirements regarding
confidentiality as those with which the state medical
board must
comply, notwithstanding any conflicting provision
of the Revised
Code or procedure
of the agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants
whose confidentiality was protected by the state
medical board when the
information was in the board's possession.
Measures to ensure confidentiality
that may be taken by the court
include sealing its records or deleting
specific information
from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the
individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be a
public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has
violated division (B) of this section and that the
individual's
continued practice presents a
danger of
immediate and serious harm
to the public, they may recommend that
the board suspend the
individual's
certificate to practice without a
prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding
the secretary and
supervising member, may suspend a certificate
without a prior
hearing. A telephone conference call may be
utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by
the court during pendency of any appeal filed under section
119.12
of the Revised Code. If the individual
subject to the summary
suspension requests
an adjudicatory hearing by the board, the date
set for the
hearing shall be within fifteen days, but not earlier
than seven
days, after the individual
requests the hearing,
unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board
shall issue its final adjudicative order within sixty seventy-five days
after
completion of its hearing. A failure to issue the order
within
sixty seventy-five days shall result in dissolution of the summary
suspension
order but shall not invalidate any subsequent, final
adjudicative
order.
(H) If the board takes action under division
(B)(9), (11),
or (13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention in lieu
of conviction is
overturned on appeal,
upon
exhaustion of the
criminal appeal, a petition for reconsideration
of the order may
be filed with the board along with appropriate
court documents.
Upon receipt of a petition of that
nature and supporting court
documents, the board shall reinstate the
individual's certificate
to practice. The
board may then hold an adjudication under
Chapter 119. of the Revised Code to
determine whether the
individual
committed
the act in question. Notice of an
opportunity for a hearing
shall be given in accordance with
Chapter 119. of the Revised Code. If the
board finds, pursuant to
an adjudication held under this division,
that the individual
committed
the act or if
no hearing is requested, the board may
order any of the sanctions
identified under division (B) of this
section.
(I) The certificate to practice issued to an individual
under
this chapter and the individual's practice in this
state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date the individual pleads
guilty to, is found by a judge
or jury to be guilty of, or is
subject to a judicial
finding of eligibility for intervention in
lieu of conviction in this state
or treatment or intervention in
lieu of conviction in another
jurisdiction for
any of the
following
criminal offenses in this state or a
substantially
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary
manslaughter, felonious assault,
kidnapping, rape, sexual
battery, gross sexual imposition,
aggravated arson, aggravated
robbery, or aggravated burglary.
Continued
practice after suspension shall be considered practicing
without a certificate.
The board shall notify the
individual subject to the
suspension by certified mail or in person in
accordance with
section 119.07 of the Revised Code. If an
individual whose
certificate is automatically suspended under this
division fails to make a
timely request for an adjudication under
Chapter 119. of the
Revised Code,
the board shall do whichever of the
following is applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this section does not
apply, enter a final order permanently
revoking the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised
Code to give notice of an
opportunity for a hearing and if the
individual subject to the notice
does not timely request a
hearing
in accordance with section
119.07 of the Revised Code, the board
is not required
to hold a hearing, but may adopt, by an
affirmative vote of
not fewer than
six of its members, a final
order that contains the board's
findings. In that final order,
the board may order any of the
sanctions identified under division
(A) or (B) of this section.
(K) Any action taken by the board under division (B) of
this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The
board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an
applicant,
revokes an individual's
certificate to practice,
refuses to register an applicant, or
refuses to reinstate an
individual's certificate to practice,
the board may specify that
its action is permanent. An
individual subject to a permanent
action taken by the board is
forever thereafter ineligible to hold
a certificate to practice
and the board shall not accept an
application for reinstatement of the
certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code,
all of the following apply:
(1) The surrender of a certificate issued under this
chapter
shall not be effective
unless or until accepted by the board.
Reinstatement of a
certificate surrendered to the board requires
an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate
of
registration in accordance with this chapter shall not remove or
limit the
board's
jurisdiction to take any disciplinary action
under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28) of
this section against any person who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent
of
the plan purchaser, payer, and third-party administrator.
Documentation of
the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent
allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In
developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational
and assessment program pursuant to an investigation
the
board conducts under this section;
(2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service
providers and
approve individual educational programs recommended
by those providers. The
board shall monitor the progress of each
individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the
individual who completed the program or other
action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to
further
implement the quality intervention
program.
An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
Sec. 4735.10. (A)(1) The Ohio real estate commission may
adopt reasonable rules in accordance with Chapter 119. of the
Revised Code,
necessary for implementing the provisions of this
chapter relating, but not
limited to, the following:
(a) The form and manner of filing applications for
license;
(b) Times and form of examination for license;
(c) Placing an existing broker's license on deposit or a
salesperson's license on an inactive status for an indefinite
period.
(2) The commission shall adopt reasonable rules in
accordance with
Chapter 119. of the Revised Code, for implementing
the provisions
of this chapter relating to the following:
(a) The issuance, renewal, suspension, and revocation of
licenses, other sanctions that may be imposed for violations of
this
chapter,
the conduct of hearings related to these actions,
and the
process of reactivating a license;
(b)
By not later than January 1, 2004, a three-year license
and a three-year license renewal system;
(c) Standards for the approval of courses of study
required
for licenses, or offered in preparation for license
examinations,
or required as continuing education for licenses. The rules
shall
specify that no standard for the approval of
a course of study
required as continuing education for licensees shall require
that
licensees pass an examination as a condition for the successful
completion of a continuing education requirement. A person
providing a
continuing education course may administer
examinations for the purpose of
evaluating the effectiveness of
the course.
(d) Guidelines to ensure that continuing education
classes
are open to all persons licensed under this
chapter. The
rules
shall
specify that an organization that sponsors a
continuing
education class may offer its members a reasonable
reduction in
the fees charged for the class.
(e) Requirements for trust accounts and property
management
accounts. The rules shall specify that:
(i) Brokerages engaged in the management of
property for
another may, pursuant to a written contract with
the property
owner, exercise signatory authority for withdrawals
from property
management accounts maintained in the name of the
property owner.
The exercise of authority for withdrawals does
not constitute a
violation of any provision of division
(A) of section 4735.18 of
the
Revised
Code.
(ii) The interest earned on property management
trust
accounts maintained in the name of the property owner or the
broker
shall be payable to the property owner unless otherwise
specified in a written
contract.
(f) Notice of
renewal forms and filing
deadlines;
(g) Special assessments under division (A) of section
4735.12 of the Revised Code.
(B) The commission may adopt rules in accordance with
Chapter 119. of the
Revised Code establishing standards and
guidelines with which the superintendent of real estate shall
comply in the exercise of the following powers:
(1) Appointment and recommendation of ancillary trustees
under section
4735.05 of the Revised Code;
(2) Rejection of names proposed to be used by
partnerships,
associations, limited liability companies, limited
liability
partnerships, and corporations, under division (A)
of section
4735.06 of the Revised Code;
(3) Acceptance and rejection of applications to take the
broker and salesperson examinations and licensure, with
appropriate waivers pursuant
to division (E) of section 4735.07
and section 4735.09 of
the Revised Code;
(4) Approval of applications of brokers to place their
licenses on deposit and to become salespersons under
section
4735.13 of the Revised Code;
(5) Appointment of hearing examiners under section 119.09
of
the Revised Code;
(6) Acceptance and rejection of applications to take the
foreign real estate dealer and salesperson examinations and
licensure, with waiver of examination, under sections 4735.27 and
4735.28 of
the Revised Code;
(7) Qualification of foreign real estate under section
4735.25 of the Revised Code.
If at any time there is no rule in effect establishing a
guideline or standard required by this division, the
superintendent may adopt a rule in accordance with Chapter
119. of
the Revised Code for such purpose.
(C) The commission or superintendent may hear testimony in
matters relating to the duties imposed upon them, and the
president of the commission and superintendent may administer
oaths. The commission or superintendent may require other proof
of the honesty, truthfulness, and good reputation of any person
named in an application for a real estate broker's or real
estate
salesperson's license before admitting the applicant to the
examination or
issuing a license.
Sec. 4735.141. (A) Except as otherwise provided in this
division, each person licensed under section 4735.07 or 4735.09 of
the Revised
Code shall submit proof satisfactory to the
superintendent of real estate that
the licensee has satisfactorily
completed thirty hours of
continuing education, as prescribed by
the Ohio real estate commission
pursuant to section 4735.10 of the
Revised Code, on or before the licensee's
birthday occurring three
years after the licensee's date of initial licensure,
and on or
before the licensee's birthday every three years thereafter.
Persons licensed
as real estate salespersons who subsequently
become licensed real
estate brokers shall continue to submit proof
of continuing
education in accordance with the time period
established in this section.
The requirements of this section
shall not apply to
any
physically handicapped licensee as provided in division (E) of
this
section.
Each licensee who is seventy years of age or older, within a continuing education reporting period, shall submit
proof
satisfactory to the superintendent of real estate
that the
licensee has satisfactorily
completed a total of nine
classroom
hours of continuing education, including instruction in
Ohio real
estate law; recently enacted state
and federal laws affecting the
real estate industry; municipal,
state, and
federal civil rights
law; and canons of ethics for the real estate industry as
adopted
by the commission. The required proof of completion shall be submitted on or before the licensee's birthday that falls in the third year of that continuing education reporting period. A licensee who is seventy years of age or
older whose license is in an inactive status is exempt from the
continuing
education requirements specified in this section. The
commission
shall adopt
reasonable rules in
accordance with Chapter
119. of the Revised Code
to carry out the purposes of this
paragraph.
A person providing any course of continuing education may
administer examinations to licensees for the purpose of
evaluating
the effectiveness of the course, but passage of an
examination by
a licensee shall not be a condition for successful
completion of
the continuing education requirements of this
section.
(B) The continuing education requirements of this section
shall be completed in schools, seminars, and educational
institutions approved by the commission. Such approval shall be
given according to rules established by the commission under the
procedures of Chapter 119. of the Revised Code, and shall not be
limited to institutions providing two-year or four-year degrees.
Each school, seminar, or educational institution approved under
this division shall be open to all licensees on an equal basis.
(C) If the requirements of this section are not met by a
licensee within the period specified, the licensee's license shall
be suspended automatically without the taking of any action by the
superintendent. The superintendent shall notify the licensee of
the license suspension. Any license so suspended shall
remain
suspended until it is reactivated by the
superintendent.
No such
license shall be reactivated until it is
established, to
the
satisfaction of the superintendent, that the requirements of
this
section have been met. If the requirements of this section
are
not met within twelve months from the date the
license
was
suspended, the license shall be revoked automatically without the
taking of any action by the superintendent.
(D) If the license of a real estate broker is suspended
pursuant to division (C) of this section, the license of a
real
estate salesperson associated with that broker
correspondingly is
suspended pursuant to division
(H) of section 4735.20 of the
Revised Code. However, the suspended license of the associated
real estate salesperson shall be reactivated and no
fee
shall be
charged or collected for that reactivation if all
of
the
following
occur:
(1) That broker subsequently submits proof to the
superintendent that the broker has complied with the requirements
of
this section and requests that the broker's license as a real
estate
broker be reactivated.
(2) The superintendent then reactivates the broker's
license
as a
real estate broker.
(3) The associated real estate salesperson intends to
continue to be associated with that broker, has complied with the
requirements of this section, and otherwise is in compliance with
this chapter.
Any person whose license is reactivated pursuant to this
division
shall submit proof satisfactory to the superintendent
that the
person has completed thirty hours of continuing
education, as
prescribed by the Ohio real estate commission, on or
before the
third year following the licensee's birthday occurring
immediately after
reactivation.
(E) Any licensee who is a physically handicapped licensee
at
any time during the last three months of the third year of the
licensee's
continuing education reporting period may receive an
extension of
time to submit proof to the superintendent that the
licensee has
satisfactorily completed the required thirty hours of
continuing
education. To receive an extension of time, the
licensee shall
submit a request to the division of real estate for
the extension
and proof satisfactory to the commission that the
licensee was a physically
handicapped licensee at some time during
the last three months of
the three-year reporting period. The
proof shall include, but is
not limited to, a signed statement by
the licensee's attending
physician describing the physical
disability, certifying that the
licensee's disability is of such a
nature as to prevent the licensee from
attending any instruction
lasting at least three hours
in duration, and stating the expected
duration of the physical
disability. The licensee shall request
the extension and provide
the physician's statement to the
division no later than one month
prior to the end of the
licensee's three-year continuing
education reporting period,
unless the physical disability did
not arise until the last month
of the three-year reporting
period, in which event the licensee
shall request the extension
and provide the physician's statement
as soon as practical after
the occurrence of the physical
disability. A licensee granted an
extension pursuant to this
division who is no longer a physically
handicapped licensee and
who submits proof of completion of the
continuing education during
the extension period, shall submit,
for future continuing
education reporting periods, proof of
completion of the continuing
education requirements according to
the schedule established in
division (A) of this section.
Sec. 4736.01. As used in this chapter:
(A) "Environmental health science" means the aspect of
public health science that includes, but is not limited to, the
following bodies of knowledge: air quality, food quality and
protection, hazardous and toxic substances, consumer product
safety, housing, institutional health and safety, community noise
control, radiation protection, recreational facilities, solid and
liquid waste management, vector control, drinking water quality,
milk sanitation, and rabies control.
(B) "Sanitarian" means a person who performs for
compensation educational, investigational, technical, or
administrative duties requiring specialized knowledge and skills
in the field of environmental health science.
(C) "Registered sanitarian" means a person who is
registered
as a sanitarian in accordance with this chapter.
(D) "Sanitarian-in-training" means a person who is
registered as a sanitarian-in-training in accordance with this chapter.
(E) "Practice of environmental health" means consultation,
instruction, investigation, inspection, or evaluation by an
employee of a city health district, a general health district,
the
environmental protection agency, the department of
health, or
the department of agriculture requiring specialized
knowledge,
training, and experience in the field of environmental
health
science, with the primary purpose of improving or
conducting
administration or enforcement under any of the
following:
(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or
3733. of the
Revised Code;
(2) Chapter 3734. of the Revised Code as it pertains to
solid waste;
(3) Section 955.26, 3701.344, 3707.01, or 3707.03,
sections
3707.38 to 3707.99, or section 3715.21
of the Revised
Code;
(4) Rules adopted under section 3701.34 of the Revised
Code
pertaining to home sewage, rabies control, or swimming
pools;
(5) Rules adopted under section 3701.935 of the Revised Code for school health and safety network inspections and rules adopted under section 3707.26 of the Revised Code for sanitary inspections.
"Practice of environmental health" does not include
sampling,
testing, controlling of vectors, reporting of
observations, or
other duties that do not require application of
specialized
knowledge and skills in environmental health science
performed
under the supervision of a registered sanitarian.
The state board of sanitarian registration may further
define
environmental health science in relation to specific
functions in
the practice of environmental health through rules
adopted by the
board under Chapter 119. of the Revised Code.
Sec. 4743.05. Except as otherwise provided in
sections
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all money
collected
under
Chapters 3773., 4701., 4703., 4709., 4713., 4715.,
4717.,
4723.,
4725.,
4729., 4732., 4733., 4734., 4736., 4741.,
4753.,
4755.,
4757.,
4758., 4759., 4761., 4766., 4771., 4775., 4779., and 4781.
of the Revised Code
shall
be paid into the state treasury to the
credit
of the
occupational
licensing and regulatory fund, which is
hereby
created for use in
administering such chapters.
At the end of each quarter, the director of budget and
management shall
transfer
from the occupational licensing and
regulatory fund to the nurse
education assistance fund created in
section 3333.28
of the Revised Code the amount certified to the
director
under division (B) of section 4723.08 of the Revised
Code.
At
the end of
each quarter, the director shall transfer
from
the
occupational licensing and regulatory fund to the
certified
public
accountant education assistance fund created in
section
4701.26 of
the Revised Code the amount certified to the
director
under
division
(H)(2) of section 4701.10 of the Revised
Code.
Sec. 4753.02. No person shall practice, offer to practice, or aid and abet
the practice of the profession of speech-language pathology or
audiology, or use in connection with his the person's name, or
otherwise assume, use, or advertise any title or
description tending to convey the impression that he the person
is a speech-language pathologist or audiologist unless the person is licensed or permitted
under this chapter.
Sec. 4753.05. (A) The board of speech-language pathology
and audiology may make reasonable rules necessary for the
administration of this chapter. The board shall adopt rules to
ensure ethical
standards of
practice by speech-language
pathologists and audiologists
licensed or permitted pursuant to this chapter.
All rules
adopted under this chapter shall be adopted in
accordance with
Chapter 119. of the Revised Code.
(B) The board shall determine the nature and scope of
examinations to be administered to applicants for licensure
pursuant to this chapter in the practices of speech-language
pathology and audiology, and shall evaluate the qualifications of
all applicants. Written examinations may be supplemented by such
practical and oral examinations as the board shall determine by
rule. The board shall determine by rule the minimum examination
score for licensure. Licensure shall be granted independently in
speech-language pathology and audiology. The board shall
maintain
a current public record of all persons licensed, to be
made
available upon request.
(C) The board shall publish and make available, upon
request, the licensure and permit standards prescribed by this chapter and
rules adopted pursuant thereto.
(D) The board shall submit to the governor each year a
report of all its official actions during the preceding year
together with any recommendations and findings with regard to the
improvement of the professions of audiology and speech-language
pathology.
(E) The board shall investigate all alleged irregularities
in the practices of speech-language pathology and audiology by
persons licensed or permitted pursuant to this chapter and any violations of
this chapter or rules adopted by the board. The board shall not
investigate the practice of any person specifically exempted from
licensure under this chapter by section 4753.12 of the Revised
Code, as long as the person is practicing within the scope of
the
person's license or is carrying out responsibilities as described
in division (G) or (H) of section
4753.12 of the Revised Code and
does not claim
to be a speech-language pathologist or audiologist.
In conducting investigations under this division, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and compel the
attendance of witnesses and the
production of books, accounts, papers,
records,
documents, and
testimony. In any case of disobedience or neglect of any
subpoena
served on any person or the refusal of any witness to testify to
any
matter regarding which the witness may lawfully be
interrogated, the court of common
pleas of any county where such
disobedience, neglect, or refusal occurs or any
judge thereof, on
application by the board, shall compel obedience by
attachment
proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued from such court, or a refusal to
testify
therein.
(F) The board shall conduct such hearings and keep such
records and minutes as are necessary to carry out this chapter.
(G) The board shall adopt a seal by which it shall
authenticate its proceedings. Copies of the proceedings,
records,
and acts signed by the chairperson or
executive director
and
authenticated by such seal shall be prima-facie evidence
thereof
in all courts of this state.
Sec. 4753.073. (A) The board of speech-language pathology and audiology shall issue under its seal a speech-language pathology student permit to any applicant who submits a plan that has been approved by the applicant's university graduate program in speech-language pathology and that conforms to requirements determined by the board by rule and who meets all of the following requirements:
(1) Is enrolled in a graduate program at an educational institution located in this state that is accredited by the council on academic accreditation in audiology and speech-language pathology of the American speech-language-hearing association; and
(2) Has completed at least one year of postgraduate training in speech-language pathology, or equivalent coursework as determined by the board, and any student clinical experience the board may require by rule.
(B) The speech-language pathology student permit authorizes the holder to practice speech-language pathology within limits determined by the board by rule, which shall include the following:
(1) The permit holder's caseload shall be limited in a manner to be determined by the board by rule.
(2) The permit holder's authorized scope of practice shall be limited in a manner to be determined by the board by rule. The rule shall consider the coursework and clinical experience that has been completed by the permit holder and the recommendation of the applicant's university graduate program in speech-language pathology.
(3) The permit holder shall practice only when under the supervision of a speech-language pathologist who is licensed by the board and acting under the approval and direction of the applicant's university graduate program in speech-language pathology. The board shall determine by rule the manner of supervision.
(C) A permit issued under this section shall expire two years after the date of issuance. Student permits may be renewed in a manner to be determined by the board by rule.
(D) Each permit holder shall display the permit or an official duplicate in a conspicuous place where the permit holder practices speech-language pathology.
Sec. 4753.101. The board of speech-language pathology and audiology, in accordance with Chapter 119. of the Revised Code, may establish rules to govern any disciplinary action to be taken against a student issued a permit under section 4753.073 of the Revised Code. The rules established by the board are not subject to the adjudication procedure requirements of sections 119.06 to 119.13 of the Revised Code.
Sec. 4753.11. (A) For all types of licenses and permits, the board of
speech-language pathology and audiology shall charge a
nonrefundable licensure or permit fee, to be determined by board rule,
which shall be paid at the time the application is filed with the
board.
(B) On or before the thirty-first day of January of every
other year, the board shall charge a biennial licensure renewal
fee which shall be determined by board rule and used to defray
costs of the board.
(C) The board may, by rule, provide for the waiver of all
or part of such fees when the license is issued less than one
hundred days before the date on which it will expire.
(D) After the last day of the month designated by the
board for renewal, the board shall charge a late fee to be
determined by board rule in addition to the biennial licensure
renewal fee.
(E) No municipal corporation shall levy an occupational or
similar excise tax on any person licensed under this chapter.
(F) All fees collected under this section and section
4753.09 of the Revised Code shall be paid into the state treasury
to the credit of the occupational licensing and regulatory fund.
Sec. 4755.03. All Except as provided in section 4755.99 of the Revised Code, all fees and fines collected and assessed under this chapter by
the appropriate section of the Ohio occupational therapy, physical therapy, and athletic trainers board,
shall be deposited into the state treasury to the credit of the occupational
licensing and regulatory fund.
Sec. 4766.05. (A) The Ohio
medical
transportation board
shall establish by rule a license fee, a
permit
fee for each
ambulance, ambulette, rotorcraft air
ambulance,
fixed wing air ambulance, and nontransport vehicle
owned
or
leased
by the
licensee that is or will be used as
provided in
section
4766.07
of the Revised Code, and fees for
renewals of
licenses and
permits, taking into consideration the
actual costs
incurred by
the board in carrying out its duties
under this
chapter.
However,
the fee for each license and each
renewal of a
license
shall not
exceed one hundred dollars, and the
fee for each
permit and each
renewal of a permit shall not exceed
one
hundred
dollars for each
ambulance, rotorcraft air ambulance,
fixed wing
air ambulance, and
nontransport vehicle.
The fee for
each
permit
and each renewal of
a permit shall be twenty-five
dollars
for each
ambulette for one
year after the effective date
of this
amendment March 9, 2004.
Thereafter, the
board shall determine by rule
the fee, which shall not exceed fifty dollars,
for each
permit and
each
renewal of a permit for each
ambulette. For
purposes
of
establishing fees, "actual costs"
includes the costs
of
salaries,
expenses, inspection equipment,
supervision, and
program
administration.
(B) The board shall deposit all fees and other moneys
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of
the Revised Code in the state treasury to the credit of the
Ohio medical transportation trust occupational licensing and regulatory fund, which
is hereby
created by section 4743.05 of the Revised Code. All
moneys from the fund shall be used solely
for the
salaries and
expenses of the board incurred in
implementing and
enforcing this
chapter.
(C) The board, subject to the approval of the controlling
board,
may establish fees in excess of the maximum amounts allowed
under division
(A) of this section, but such fees shall not exceed
those maximum
amounts by more than fifty per cent.
Sec. 4766.22. (A) Not later than forty-five days after the end of each fiscal year, the Ohio medical transportation board shall submit a report to the governor and general assembly that provides all of the following information for that fiscal year:
(1) The number of each of the following the board issued:
(a) Basic life-support organization licenses;
(b) Intermediate life-support organization licenses;
(c) Advanced life-support organization licenses;
(d) Mobile intensive care unit organization licenses;
(e) Ambulette service licenses;
(f) Air medical service organization licenses;
(h) Nontransport vehicle permits;
(i) Ambulette vehicle permits;
(j) Rotorcraft air ambulance permits;
(k) Fixed wing air ambulance permits.
(2) The amount of fees the board collected for issuing and renewing each type of license and permit specified in division (A)(1) of this section;
(3) The number of inspections the board or a third party on the board's behalf conducted in connection with each type of license and permit specified in division (A)(1) of this section and the amount of fees the board collected for the inspections;
(4) The number of complaints that were submitted to the board;
(5) The number of investigations the board conducted under section 4766.11 of the Revised Code;
(6) The number of adjudication hearings the board held and the outcomes of the adjudications;
(7) The amount of penalties the board imposed and collected under section 4766.08 of the Revised Code;
(8) Other information the board determines reflects the board's operations.
(B) The board shall post the annual report required by this section on its web site and make it available to the public on request.
Sec. 4775.08. (A)
The initial and annual renewal fee for
a
motor
vehicle collision repair registration certificate and for a
temporary
motor vehicle collision repair registration certificate
is one hundred
fifty
dollars for each business location at which
the
motor vehicle collision repair
operator conducts business as
an
operator, except that the board of motor
vehicle collision
repair
registration, with the approval of the controlling
board,
may
establish fees in excess of or less than that amount, provided
that
such fees do not exceed or are not less than that amount by
more than fifty
per cent.
The board shall adjust the fees as necessary in order to
provide for the
expenses associated with carrying out this chapter
without causing an
excessive build-up of surplus funds in the
motor vehicle collision repair
registration fund, which is hereby
created in the state treasury.
(B)
If the board has notified or attempted to notify a motor
vehicle collision repair operator that the operator is required to
be registered under this chapter, and the operator fails to
register, the initial fee for the registration of such an
unregistered operator for each business location at which the
operator conducts business as an operator, is the initial fee then
in effect plus an
additional amount equal to the initial fee then
in effect for each
calendar year that the operator is not
registered after the board
has notified or attempted to notify the
operator.
(C) The board shall deposit all fees and fines collected
under
this chapter into the motor vehicle collision repair
registration fund.
The board shall use the fund solely
for the
administration and
enforcement of this chapter occupational licensing and regulatory fund created by section 4743.05 of the Revised Code.
Sec. 4921.40. In accordance with section 4921.04 of the
Revised
Code, the public utilities
commission may adopt rules:
(A) Providing for
binding estimates by motor transportation companies engaged, for
hire, in the business of transporting household goods over a
public highway in this state;
(B) Providing for
guaranteed-not-to-exceed estimates by such motor transportation
companies;
(C) Requiring such motor
transportation companies to include their certificate number in
all advertising, written estimates, and contracts related to the
transportation of household goods
in this state;
(D) As are necessary and
proper to carry out this chapter with respect to such motor
transportation companies;
(E) Providing for the enforcement of the consumer protection provisions of Title 49 of the United States Code related to the delivery and transportation of household goods in interstate commerce, as permitted by 49 U.S.C. 14710. Any fine or penalty imposed as a result of such enforcement shall be deposited into the state treasury to the credit of the general revenue fund.
Sec. 4923.26. There is hereby created in the state treasury the federal commercial vehicle transportation systems fund. The fund shall consist of money received from the United States department of transportation's commercial vehicle intelligent transportation systems infrastructure deployment program. The public utilities commission shall use the fund to deploy the Ohio commercial vehicle information systems networks project and to improve safety of motor carrier operations through electronic exchange of data by means of on-highway electronic systems.
Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410 of the Revised Code, "Title IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.
(B) The department of job and family
services
shall act as the single state agency to administer
federal
payments for foster care and adoption assistance made
pursuant to
Title IV-E. The director of job
and
family services shall adopt rules to implement this authority.
Rules governing financial and
administrative
requirements applicable to public children
services agencies and government entities that provide Title IV-E reimbursable placement services to children
shall be adopted in accordance with section
111.15 of the Revised
Code, as if they were internal management rules. Rules governing requirements applicable to private child placing agencies and private noncustodial agencies and rules establishing
eligibility, program participation, and
other requirements concerning Title IV-E shall
be adopted in accordance with Chapter
119. of the Revised Code. A public
children services agency to
which the department distributes
Title IV-E funds shall administer
the funds
in accordance with
those rules.
(C)(1) The county, on behalf of each child eligible
for
foster care maintenance payments under Title IV-E, shall make payments to cover the cost of
providing
all of the following:
(a) The child's food, clothing, shelter, daily
supervision,
and school supplies;
(b) The child's personal incidentals;
(c) Reasonable travel to the child's home for visitation.
(2) In addition to payments made under division (C)(1) of
this
section, the county may, on behalf of each child eligible for
foster care maintenance payments under
Title
IV-E, make payments to cover
the cost of providing the
following:
(a) Liability insurance with respect to the
child;
(b) If the county is participating in the
demonstration
project established under division (A) of section
5101.142 of the
Revised Code, services provided under
the project.
(3) With respect to a child who is in a child-care
institution, including any type of group home designed for the
care of children or any privately operated program consisting of
two or more certified foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group
home, or program, as necessary to provide the items
described in
divisions (C)(1) and (2) of this section.
(D) To the extent that either foster care maintenance
payments under division (C) of this section or Title IV-E
adoption
assistance payments for maintenance costs require the
expenditure
of county funds, the board of county commissioners
shall report
the nature and amount of each expenditure of county
funds to the
department.
(E) The department shall distribute to
public children
services agencies that
incur and report such expenditures of the type described in division (D) of this section federal
financial
participation received for administrative and training
costs
incurred in the operation of foster care maintenance and
adoption
assistance programs. The department may withhold not
more than
three per cent of the federal financial
participation
received.
The funds withheld may be used only to
fund the following:
(1) The Ohio
child welfare
training program established under
section 5103.30
of the Revised Code
and the;
(2) The university partnership
program for
college and university students majoring in social
work who have
committed to work for a public children services
agency upon
graduation. The;
(3) Efforts supporting organizational excellence, including voluntary activities to be accredited by a nationally recognized accreditation organization.
The
funds
withheld shall be in addition to
any
administration and
training cost for which the department is
reimbursed through its
own cost allocation plan.
(F) All federal
financial participation funds received by a
county pursuant to
this section shall be deposited into the
county's children
services fund created pursuant to section
5101.144 of the Revised Code.
(G) The department shall periodically
publish and distribute
the maximum amounts that the department
will reimburse public
children services agencies for making
payments on behalf of
children eligible for foster care maintenance payments.
(H) The department, by and through its director, is hereby
authorized to develop, participate in the development of,
negotiate, and enter
into one or more interstate compacts on
behalf of this state with agencies of
any other states, for the
provision of medical assistance and other social
services to
children in relation to whom all of the following apply:
(1) They have special needs.
(2) This state or another state that is a party to the
interstate compact
is providing adoption assistance on their
behalf.
(3) They move into this state from another state or move out
of this state
to another state.
Sec. 5101.16. (A) As used in this section and sections
5101.161 and 5101.162 of the Revised Code:
(1)
"Disability financial assistance" means the financial
assistance program established under Chapter 5115. of the Revised Code.
(2)
"Disability medical assistance" means the medical assistance program established under Chapter 5115. of the Revised Code.
(3) "Food stamps" means the program administered by the
department
of job and family services pursuant to section 5101.54
of
the Revised Code.
(4)
"Medicaid" means the medical assistance program
established
by
Chapter 5111. of the Revised Code, excluding
transportation services provided
under that chapter.
(5)
"Ohio works first" means the program established by
Chapter 5107. of the Revised Code.
(6)
"Prevention, retention, and contingency" means the
program
established
by Chapter 5108. of the Revised Code.
(7)
"Public assistance expenditures" means expenditures for
all
of the following:
(b) County administration of
Ohio works first;
(c) Prevention, retention, and contingency;
(d) County administration of prevention, retention, and
contingency;
(e) Disability financial assistance;
(f) Disability medical assistance;
(g) County administration of disability financial assistance;
(h) County administration of disability medical assistance;
(i) County administration of food stamps;
(j) County administration of medicaid.
(8) "Title IV-A program" has the same meaning as in section 5101.80 of the Revised Code.
(B) Each board of county commissioners shall pay the county
share of public
assistance expenditures
in
accordance with section
5101.161
of the Revised Code. Except as provided in division (C)
of this
section,
a county's share of public assistance
expenditures is the sum of
all of the
following for state fiscal
year
1998 and each state fiscal year thereafter, minus the amount calculated under division (C) of section 5111.017 of the Revised Code for the state fiscal year ending in the previous calendar year:
(1) The amount that is twenty-five per cent of the county's
total
expenditures
for disability financial assistance and disability medical assistance and county
administration of those programs during the state fiscal
year
ending in
the previous calendar year that the department of
job and
family services determines
are allowable.
(2) The
amount that is ten per cent, or
other percentage
determined under division (D) of this
section, of the county's
total expenditures for county
administration of food stamps and
medicaid during the state fiscal year ending in
the
previous
calendar year that the department
determines are allowable, less
the amount of federal reimbursement credited to
the county under
division (E) of this section for the
state fiscal year ending in
the previous calendar year;
(3) A percentage of the actual amount of the
county share of program and
administrative expenditures during
federal fiscal year 1994 for
assistance and services, other than
child care, provided
under Titles IV-A and IV-F of
the
"Social
Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as those titles
existed prior to the enactment of the
"Personal
Responsibility and
Work Opportunity
Reconciliation Act of 1996," 110 Stat.
2105.
The department of job and family services shall determine the actual amount of the county share from expenditure reports submitted to the United States department of health and human services. The percentage shall be the percentage established in rules adopted under division (F) of this section.
(C)(1) If a county's share of public assistance
expenditures
determined under division (B) of
this section for a state fiscal
year exceeds one hundred ten
per cent of the county's share for
those expenditures for the
immediately preceding state fiscal
year, the department of job
and family services shall reduce the
county's share for expenditures under
divisions
(B)(1) and (2) of
this section so that the total of the county's
share for
expenditures under division (B) of this section equals one
hundred
ten per cent of the county's share of those
expenditures for the
immediately preceding state fiscal year.
(2) A county's share of public assistance expenditures
determined under division (B) of this section may be increased
pursuant to section 5101.163 of the Revised Code and a sanction under section 5101.24 of the Revised
Code. An increase made pursuant to section 5101.163 of the Revised Code may cause the county's share to exceed the limit established by division (C)(1) of this section.
(D)(1) If the per capita tax duplicate of
a county is less
than the per capita tax duplicate of the state as a whole and
division (D)(2) of this section does not apply to the
county, the
percentage to be used
for the purpose of division (B)(2) of this
section is the
product of ten multiplied by a fraction of
which
the numerator is the per capita tax duplicate of the county
and
the denominator is the per capita tax duplicate of the state
as a
whole. The department of job and family services
shall
compute
the per capita tax duplicate for the state and for each
county by
dividing the tax duplicate for the most recent
available year by
the current estimate of population prepared by
the department of
development.
(2) If the percentage of families in a county with an
annual
income of less than three thousand dollars is greater than
the
percentage of such families in the state and division
(D)(1) of
this section does not apply to the county,
the percentage to be
used for the
purpose of division (B)(2) of this section is the
product
of ten multiplied by a fraction of which the
numerator is
the percentage of families in the state with an
annual income of
less than three thousand dollars a year and the
denominator is the
percentage of such families in the county. The department
of job
and family services shall compute the percentage
of families with
an annual income of less than three thousand
dollars for the state
and for each
county by
multiplying the most recent estimate of
such families published
by the department of development, by a
fraction, the numerator of
which is the estimate of average annual
personal income published
by the bureau of economic analysis of
the United States
department of commerce for the year on which the
census estimate
is based and the denominator of which is the most
recent such
estimate published by the bureau.
(3) If the per capita tax duplicate of
a county is less than
the per capita tax duplicate of the state as a
whole and the
percentage of families in the county with an annual income of
less
than three thousand dollars is greater than the percentage of such
families in the state,
the percentage to be used for the purpose
of division
(B)(2) of this section shall be determined as
follows:
(a) Multiply ten by the fraction determined
under
division
(D)(1) of this section;
(b) Multiply the product determined under
division
(D)(3)(a)
of this section
by the fraction determined under division
(D)(2)
of this section.
(4) The department of job and family services shall
determine, for
each county,
the percentage to be used for the
purpose of division
(B)(2) of this section not later than the
first
day of July of the year preceding the state fiscal
year for
which the percentage is used.
(E) The department of job and family services shall
credit
to
a county the amount of federal reimbursement the department
receives from the
United States departments of agriculture and
health and human
services for the county's expenditures for
administration of food stamps
and medicaid that the
department
determines are allowable administrative
expenditures.
(F)(1) The director of job and
family services
shall adopt
rules in accordance
with section 111.15 of the
Revised Code
to
establish all of the following:
(a) The method the department is to use to
change
a
county's
share of public assistance expenditures
determined under division
(B) of this section
as provided in division (C) of this
section;
(b) The allocation methodology and formula the department
will
use to determine the amount of funds to credit to a county
under
this section;
(c) The method the department will use to change the payment
of the county share of public assistance expenditures from a
calendar-year basis to a state fiscal year basis;
(d) The percentage to be used for the purpose of division (B)(3) of this section, which shall, except as provided in section 5101.163 of the Revised Code, meet both of the following requirements:
(i) The percentage shall not be less than seventy-five per cent nor more than eighty-two per cent;
(ii) The percentage shall not exceed the percentage that the state's qualified state expenditures is of the state's historic state expenditures as those terms are defined in 42 U.S.C. 609(a)(7).
(e) Other procedures and requirements necessary to implement
this section.
(2) The director of job and family services may amend the rule adopted under division (F)(1)(d) of this section to modify the percentage on determination that the amount the general assembly appropriates for Title IV-A programs makes the modification necessary. The rule shall be adopted and amended as if an internal management rule and in consultation with the director of budget and management.
Sec. 5101.162. Subject to available federal funds and appropriations made by the general assembly, the department of job and family services
may, at its sole discretion,
use available federal funds to reimburse county expenditures for
county administration of food stamps or medicaid even though the
county expenditures meet or exceed the maximum allowable reimbursement
amount established by rules adopted under section 5101.161 of the
Revised Code
if the board
of county commissioners has entered
into a
fiscal agreement with the director of job and family
services under section 5101.21 of the Revised Code. The
director
may adopt
internal management rules in accordance with section
111.15 of the Revised
Code to implement this section.
Sec. 5101.21. (A) As used in this section, "county signer sections 5101.21 to 5101.212 of the Revised Code:
(1) "County grantee" means all of the following:
(1)(a) A board of county commissioners;
(2)(b) A county children services board appointed under section 5153.03 of the Revised Code if required by division (B) of this section to enter into a fiscal agreement;
(3)(c) A county elected official that is a child support enforcement agency if required by division (B) of this section to enter into a fiscal agreement.
(2) "County subgrant" means a grant that a county grantee awards to another entity.
(3) "County subgrant agreement" means an agreement between a county grantee and another entity under which the county grantee awards the other entity one or more county subgrants.
(4) "Fiscal biennial period" means a two-year period beginning on the first day of July of an odd-numbered year and ending on the last day of June of the next odd-numbered year.
(5) "Grant" means an award for one or more family services duties of federal financial assistance that a federal agency provides in the form of money, or property in lieu of money, to the department of job and family services and that the department awards to a county grantee. "Grant" may include state funds the department awards to a county grantee to match the federal financial assistance. "Grant" does not mean either of the following:
(a) Technical assistance that provides services instead of money;
(b) Other assistance provided in the form of revenue sharing, loans, loan guarantees, interest subsidies, or insurance.
(6) "Grant agreement" means an agreement between the department of job and family services and a county grantee under which the department awards the county grantee one or more grants.
(B) The Effective July 1, 2008, the director of job and family services may award grants to counties only through grant agreements entered into under this section.
(C) The director shall enter
into one or more written fiscal grant agreements with boards of the county commissioners under which financial assistance is awarded for family services duties included in the agreements grantees of each county. Boards of county commissioners shall select which family services duties to include in a fiscal agreement. If a board of county commissioners elects to include family services duties of a public children services agency and a county children services board appointed under section 5153.03 of the Revised Code serves as the county's public children services agency, the board of county commissioners and county children services board shall jointly enter into the fiscal agreement with the director. If a board of county commissioners elects to include family services duties of a child support enforcement agency and the entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or designated under section 307.981 of the Revised Code as the county's child support enforcement agency is an elected official of the county, the board of county commissioners and county elected official If a county has multiple county grantees, the director shall jointly enter into the fiscal grant agreement with the director all of the county grantees. The initial grant agreement shall be entered into not later than January 31, 2008, and shall be in effect for fiscal year 2009. Except as provided in rules adopted under this section, subsequent grant agreements shall be entered into before the first day of each successive fiscal biennial period and shall be in effect for that fiscal biennial period or, in the case of a grant agreement entered into after the first day of a fiscal biennial period and except as provided by section 5101.211 of the Revised Code, for the remainder of the fiscal biennial period. A fiscal grant agreement shall do all of the following:
(1) Comply with all of the conditions, requirements, and restrictions applicable to the family services duties for which the grants included in the agreement are awarded, including the conditions, requirements, and restrictions established by the department, federal or state law, state plans for receipt of federal financial participation, agreements between the department and a federal agency, and executive orders issued by the governor;
(2) Establish terms and conditions governing the accountability for and use of the grants included in the grant agreement;
(3) Specify the both of the following:
(a) The family services duties included in the agreement and the for which the grants included in the agreement are awarded;
(b) The private and government entities designated under section 307.981 of the Revised Code to serve as the county family services agencies performing the family services duties;
(2)(4) Provide for the department of job and family services to award financial assistance for the family services duties grants included in the agreement in accordance with a methodology for determining the amount of the award established by rules adopted under division (D) of this section;
(3)(5) Specify the form of the award of financial assistance grants which may be an allocation, a cash draw, reimbursement, property, advance, working capital advance, or, to the extent authorized by an appropriation made by the general assembly and to the extent practicable and not in conflict with a federal or state law, a consolidated funding allocation for two or more family services duties included in the agreement other forms specified in rules adopted under this section;
(4)(6) Provide that the award of financial assistance is grants are subject to the availability of federal funds and appropriations made by the general assembly;
(5)(7) Specify annual financial, administrative, or other incentive
awards, if any, to be provided in accordance with section
5101.23 of the Revised
Code;
(6)(8) Include the assurance of each county signer grantee that the county signer grantee will do all of the following:
(a) Ensure that the financial assistance awarded under grants included in the agreement is are used, and the family services duties included in for which the agreement grants are awarded are performed, in accordance with conditions, requirements for, and restrictions applicable to the duties established by the department, a federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(b) Ensure that the board and county family services agencies utilize Utilize a financial management system and other accountability mechanisms for the financial assistance grants awarded under the agreement that meet requirements the department establishes;
(c) Require the county family services agencies to do both Do all of the following with regard to a county subgrant:
(i) Award the subgrant through a written county subgrant agreement that requires the entity awarded the county subgrant to comply with all conditions, requirements, and restrictions applicable to the county grantee regarding the grant that the county grantee subgrants to the entity, including the conditions, requirements, and restrictions of this section;
(ii) Monitor all private and government entities the entity that receive a payment from financial assistance is awarded under the agreement subgrant to ensure that each the entity uses the payment subgrant in accordance with conditions, requirements for, and restrictions applicable to the family services duties included in for which the agreement subgrant is awarded;
(ii)(iii) Take action to recover payments subgrants that are not used in accordance with the conditions, requirements for, or restrictions applicable to the family services duties included in for which the agreement subgrant is awarded.
(d) Require county family services agencies to promptly Promptly reimburse the department the amount that represents the amount an agency the county grantee is responsible for, pursuant to action the department takes under division (C) of section 5101.24 of the Revised Code, of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Require county family services agencies to take Take prompt corrective action, including paying amounts resulting from an adverse finding, sanction, or penalty, if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with the conditions, requirements for, and restrictions applicable to a family services duty for which a grant included in the agreement is awarded determines compliance has not been achieved;
(f) Ensure that any matching funds, regardless of the source, that the county grantee manages are clearly identified and used in accordance with federal and state laws and the agreement.
(7)(9) Provide for the department taking action pursuant to division
(C) of section 5101.24 of the Revised Code if authorized by division
(B)(1), (2), (3), or (4) of
that
section;
(8)(10) Provide for the department to do all of the following:
(a) Provide the county grantee timely and clear written explanations, and consistent and accurate interpretations, of the conditions, requirements, and restrictions applicable to the family services duties for which the grants included in the agreement are awarded;
(b) Provide the personnel of the county grantee and county family services agencies, as appropriate, timely and accessible training regarding changes to the conditions, requirements, and restrictions applicable to the family services duties for which the grants included in the agreement are awarded;
(c) Provide a county family services agency technical assistance necessary for the county family services agency to be able to implement a family services duty for which a grant included in the agreement is awarded efficiently and in compliance with the conditions, requirements, and restrictions applicable to the family services duty;
(d) Monitor county family services agencies' implementation of the family services duties for which the grants included in the agreement are awarded during the period for which the grant is made to identify problems that can be corrected before the problems are identified in an audit;
(e) Assist the county grantee to resolve an adverse audit finding by the federal government, auditor of state, or other entity by providing the county grantee copies of the department's directives, assistance in documenting the department's efforts to work with the county grantee or a county family services agency to correct problems, and other assistance.
(11) Provide for timely audits required by federal
and state law and require prompt release of audit
findings and prompt action to correct problems identified in an
audit;
(9) Comply with all of the requirements for the family services duties that are included in the agreement and have been established by the department, federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(10)(12) Provide for dispute resolution administrative review procedures in accordance with section 5101.24 of the Revised Code;
(11)(13) Establish the method of amending or terminating the agreement
and an expedited process for correcting terms or conditions of
the agreement that the director and each county signer grantee agree
are
erroneous;
(12) Except as provided in rules adopted under division (D) of this section, begin on the first day of July of an odd-numbered year and end on the last day of June of the next odd-numbered year.
(C)(D) A grant agreement does not have to be amended for a county grantee to be required to comply with a new or amended condition, requirement, or restriction for a family services duty established by federal or state law, state plan for receipt of federal financial participation, agreement between the department and a federal agency, or executive order issued by the governor.
(E) The department
shall make payments authorized by a fiscal grant agreement on vouchers it
prepares and may
include any funds appropriated or allocated to it for carrying
out family services duties for which a grant included in the agreement is awarded, including funds for personal
services and maintenance.
(D)(F)(1) The director shall adopt rules in accordance with section 111.15 of the Revised Code governing fiscal grant agreements. The director shall adopt the rules as if they were internal management rules. Before adopting the rules, the director shall give the public an opportunity to review and comment on the proposed rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded under the grants included in the agreements. The rules also shall establish terms and conditions under which an agreement may be entered into after the first day of July of an odd-numbered year a fiscal biennial period. The rules may do any or all of the following:
(a) Govern the award of grants included in grant agreements, including the establishment of
allocations, and restrictions on, the form of the grants and the distribution of the grants;
(b) Specify allowable uses of financial assistance awarded under the grants included in the agreements;
(c) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of financial assistance awarded under the grants included in the agreements and determine compliance with conditions, requirements, and restrictions established by the department, a federal or state law, or any of the following that concern the family services duties included in the agreements and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal entity agency, and executive orders issued by the governor.
(2) A requirement of a fiscal grant agreement established by a rule adopted under this division is applicable to a fiscal grant agreement without having to be restated in the fiscal grant agreement. A requirement established by a grant agreement is applicable to the grant agreement without having to be restated in a rule.
Sec. 5101.211. (A) Except as provided in division (B) of this section, the The director of job and family services may provide for a fiscal grant agreement entered into under section 5101.21 of the Revised Code to have a retroactive effective date of the first day of July of an odd-numbered year if both of the following are the case:
(1)(A) The agreement is entered into after that date and before the last day of that July.
(2)(B) The board of county commissioners requests the retroactive effective date and provides the director good cause satisfactory to the director for the reason the agreement was not entered into on or before the first day of that July.
(B) The director may provide for a fiscal agreement to have a retroactive effective date of July 1, 2003, if both of the following are the case:
(1) The agreement is entered into after July 1, 2003, and before August 29, 2003.
(2) The board of county commissioners requests the retroactive effective date.
Sec. 5101.212. The department of job and family services shall publish in a manner accessible to the public all of the following that concern family services duties for which grants included in fiscal grant agreements entered into under section 5101.21 of the Revised Code are awarded: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor. The department may publish the materials electronically or otherwise.
Sec. 5101.213. (A) Except as provided in section 5101.211 of the Revised Code, if a fiscal agreement under section 5101.21 of the Revised Code between the director of job and family services and a board of county commissioners is not in effect Until July 1, 2008, all of the following apply:
(1) The For each board of county commissioners, the department of job and family services shall award to the county the board serves financial assistance for family services duties in accordance with a methodology for determining the amount of the award established by rules adopted under division (B) of this section.
(2) The financial assistance may be provided in the form of allocations, cash draws, reimbursements, and property but may not be made in the form of a consolidated funding allocation.
(3) The award of the financial assistance is subject to the availability of federal funds and appropriations made by the general assembly.
(4) The county family services agencies performing the family services duties for which the financial assistance is awarded shall do all of the following:
(a) Use the financial assistance, and perform the family services duties, in accordance with requirements for the duties established by the department, a federal or state law, or any of the following that concern the duties: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(b) Utilize a financial management system and other accountability mechanisms for the financial assistance that meet requirements the department establishes;
(c) Monitor all private and government entities that receive a payment from the financial assistance to ensure that each entity uses the payment in accordance with requirements for the family services duties and take action to recover payments that are not used in accordance with the requirements for the family services duties;
(d) Promptly reimburse the department the amount that represents the amount an agency is responsible for, pursuant to action the department takes under division (C) of section 5101.24 of the Revised Code, of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Take prompt corrective action, including paying amounts resulting from an adverse finding, sanction, or penalty, if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a family services duty determines compliance has not been achieved.
(B) The director shall adopt rules in accordance with section 111.15 of the Revised Code as necessary to implement this section. The director shall adopt the rules as if they were internal management rules. Before adopting the rules, the director shall give the public an opportunity to review and comment on the proposed rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded and may do any or all of the following:
(1) Govern the establishment of funding allocations;
(2) Specify allowable uses of financial assistance the department awards under this section;
(3) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of the financial assistance and determine compliance with requirements established by the department, a federal or state law, or any of the following that concern the family services duties for which the financial assistance is awarded: state plans for receipt of federal financial participation, grant agreements between the department and a federal entity, and executive orders issued by the governor.
Sec. 5101.24. (A) As used in this section, "responsible entity county grantee" means a board of county
commissioners or
a county family services agency, whichever county grantee, as defined in section 5101.21 of the Revised Code, the director of job and family services determines is appropriate to take action against under division (C) of this section.
(B) Regardless of whether a family services duty is performed by a county family services agency, private or government entity pursuant to a contract entered into under section 307.982 of the Revised Code or division (C)(2) of section 5153.16 of the Revised Code, or private or government provider of a family service duty, the department of job and family services
may
take action under
division (C) of this section against the responsible
entity county grantee if the department determines
any of the following are the case:
(1) A requirement of a fiscal grant agreement entered into under section 5101.21 of the Revised Code that includes a grant for the family services duty, including a requirement for fiscal grant agreements established by rules adopted under that section, is not complied with;
(2) A county family services agency fails to develop, submit to the department, or comply with a corrective action plan under division (B) of section 5101.221 of the Revised Code, or the department disapproves the agency's corrective action plan developed under division (B) of section 5101.221 of the Revised Code;
(3) A requirement for the family services duty
established by the department or any of the following is not complied with: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order issued by the governor;
(4) The responsible entity county grantee is solely or partially responsible, as determined by the director of job and family services, for an adverse audit finding, adverse
quality control finding,
final disallowance of federal financial participation, or other
sanction or penalty regarding the family services duty.
(C) The
department may take one or more of the
following actions against the
responsible entity county grantee when authorized by
division (B)(1), (2), (3), or (4) of
this section:
(1) Require the responsible entity county grantee to
comply with a
corrective action plan pursuant to a time schedule specified by
the department. The corrective action plan shall be established or approved by the department and shall not require a county family services agency grantee to commit resources to the plan.
(2) Require the responsible entity county grantee to comply with a corrective action plan pursuant to a time schedule specified by the department. The corrective action plan shall be established or approved by the department and require a county family services agency grantee to commit to the plan existing resources identified by the agency.
(3) Require the responsible entity county grantee to do one of the following:
(a) Share with the department a final disallowance of federal
financial participation or other sanction or penalty;
(b) Reimburse the department the final amount the department pays to
the federal government or another entity that represents the amount the responsible entity
county grantee is responsible for of
an adverse audit finding, adverse quality control finding, final disallowance of
federal financial participation, or other sanction or penalty
issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the final amount that
represents the amount the responsible entity county grantee is responsible for of an adverse
audit finding, adverse quality control finding, final disallowance of federal
financial participation, or other sanction or penalty issued by
the federal government, auditor of state, or other entity;
(d) Pay the department the final amount that represents the amount the responsible entity county grantee is responsible for of an adverse audit finding or adverse quality control finding.
(4) Impose an administrative sanction issued by the department against
the responsible entity county grantee. A
sanction may be
increased if the department has previously taken action against
the responsible entity under this division.
(5) Perform, or contract
with a government or private entity for the entity to perform, the family
services duty until
the department is satisfied that the responsible entity
county grantee ensures that the duty will be performed satisfactorily.
If the department
performs or contracts with an entity to perform a
family services duty under division
(C)(5) of this section, the
department may do either or both of the following:
(a) Spend funds in the county treasury appropriated by the board of county commissioners
for the duty;
(b) Withhold funds allocated or reimbursements due to the responsible entity county grantee for the
duty and spend the funds for the duty.
(6) Request that the attorney general bring mandamus
proceedings to compel the responsible entity county grantee to take or
cease the action
that causes division (B)(1),
(2), (3), or (4) of this section to apply. The
attorney general shall bring mandamus proceedings in the
Franklin county court of
appeals at the department's request.
(7) If the department takes action under this division because of division (B)(3) of this section, temporarily withhold funds allocated or reimbursement due to the responsible entity county grantee until the department determines that the responsible entity county grantee is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(D) If the department
proposes to take action against
the responsible entity county grantee under division (C) of this
section, the department shall notify the responsible entity county grantee, director of the appropriate county family services agency, and county
auditor.
The notice shall be in writing and specify the action the department proposes to take. The department shall send the notice by regular United States mail.
Except as provided by division (E) of this section, the responsible entity county grantee may request
an
administrative review of a proposed action in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible entity county grantee believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity county grantee wants the department to consider;
(d) The name of the person who will serve as the responsible entity's county grantee's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible entity county grantee does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible entity county grantee.
(3) In the case of a proposed action under division (C)(1) of
this section, the responsible entity county grantee shall have fifteen calendar days after the department mails the notice
to the responsible entity county grantee to send a written request to the department for an administrative review. If it receives such a
request within the required time, the department shall postpone
taking action under division (C)(1) of this section for fifteen calendar
days following the day it receives the request or extended period of time provided for in division (D)(5) of this section to allow a representative of the department and a representative of the
responsible entity
county grantee an informal opportunity to resolve any dispute during that fifteen-day or extended period.
(4) In the case of a proposed action under division (C)(2), (3), (4), (5), or (7) of
this section, the responsible entity county grantee shall have thirty calendar days after the department mails the
notice to the responsible entity county grantee to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(2), (3), (4), (5), or (7) of this section for thirty calendar days following the day it receives the request or extended period of time provided for in division (D)(5) of this section to allow a representative of the department and a representative of the responsible entity
county grantee an informal opportunity to resolve any dispute during that thirty-day or extended period.
(5) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute within the fifteen- or thirty-day period, the director of job and family services and representative of the responsible entity county grantee may enter into a written agreement extending the time period for attempting an informal resolution of the dispute under division (D)(3) or (4) of this section.
(6)
In the case of a proposed action under division (C)(3) of this section, the responsible entity county grantee may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or entity other than the department.
(7) If the responsible entity county grantee fails to request an administrative review within the required time, the responsible entity county grantee loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible entity county grantee.
(8) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute within the time provided by division (D)(3), (4), or (5) of this section, the director shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees and one director or other representative of the type of county family services agency that is responsible for the kind of family services duty that is the subject of the dispute and serves a different county than the county served by the responsible entity county grantee. No individual involved in the department's proposal to take action against the responsible entity county grantee may serve on the review panel. The review panel shall review the responsible entity's county grantee's request. The review panel may require that the department or responsible entity county grantee submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(3) of this section shall be limited solely to the issue of the amount the responsible entity county grantee shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(3) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(9) After finishing an administrative review, an administrative review panel appointed under division (D)(8) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall state the reasons for the modification or disapproval and the actions to be taken against the responsible entity county grantee.
(10) The director's approval, modification, or disapproval under division (D)(9) of this section shall be final and binding on the responsible entity county grantee and shall not be subject to further departmental review.
(E) The responsible entity county grantee is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(3) of this section if the federal government, auditor of state, or entity other than the department has identified the responsible county family services agency grantee as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to a responsible county family services agency grantee that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the department takes against the responsible entity county grantee pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt
rules in accordance with Chapter 119. of the Revised Code as necessary to
implement this section.
Sec. 5101.242. The department of job and family services may certify a claim to the attorney general under section 131.02 of the Revised Code for the attorney general to take action under that section against a responsible county grantee or responsible entity to recover any funds that the department determines the responsible county grantee or responsible entity owes the department for actions taken under division (C)(2), (3), (4), or (5) of section 5101.24 or 5101.241 of the Revised Code.
Sec. 5101.244. If a county family services agency submits an expenditure report to the department of job and family services and the department subsequently determines that a grant awarded to a county grantee in a grant agreement entered into under section 5101.21 of the Revised Code, an allocation, advance, or reimbursement the department makes to the a county family services agency, or a cash draw the a county family services agency makes, for an expenditure exceeds the allowable amount for the expenditure grant, allocation, advance, reimbursement, or cash draw, the department may adjust, offset, withhold, or reduce an allocation, cash draw, advance, reimbursement, or other financial assistance to the county grantee or county family services agency as necessary to recover the amount of the excess grant, allocation, advance, reimbursement, or cash draw. The department is not required to make the adjustment, offset, withholding, or reduction in accordance with section 5101.24 of the Revised Code.
The director of job and family services may adopt rules under section 111.15 of the Revised Code as necessary to implement this section. The director shall adopt the rules as if they were internal management rules.
Sec. 5101.27. (A) Except as permitted by this section,
section 5101.272, 5101.28, or
5101.29 of the Revised Code, or the rules
adopted under division (A) of
section 5101.30 of the Revised Code,
or required by federal
law, no person or government entity shall
solicit, disclose,
receive, use, or knowingly permit, or
participate in the use of
any information regarding a public
assistance recipient for any
purpose not directly connected with
the administration of a
public assistance program.
(B) To the extent
permitted by federal law, the
department of job
and family services
and county agencies shall
do all of the following:
(1) Release information regarding a public
assistance recipient for
purposes directly connected to the
administration of the program
to a government entity responsible
for administering that public
assistance program;
(2) Provide information
regarding a public
assistance recipient to a law enforcement
agency for the purpose
of any investigation, prosecution, or
criminal or civil proceeding
relating to the administration of that
public assistance program;
(3) Provide, for purposes directly connected to the administration of a program that assists needy individuals with the costs of public utility services, information regarding a recipient of financial assistance provided under a program administered by the department or a county agency pursuant to Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to 5115.07 of the Revised Code to an entity administering the public utility services program.
(C) To the extent permitted by federal law and section
1347.08 of the Revised
Code, the department and county agencies
shall provide access to
information regarding a public assistance
recipient to all of the following:
(2) The authorized representative;
(3) The legal guardian of the recipient;
(4) The attorney of the recipient, if the attorney has
written authorization that complies with section 5101.271 of the Revised Code from the recipient.
(D) To the extent permitted by federal law and subject to division (E) of this section, the department
and
county
agencies may do both of the following:
(1) Release information about a public
assistance
recipient if the recipient gives voluntary, written authorization that complies with section 5101.271 of the Revised Code;
(2) Release information regarding a public assistance recipient to a state, federal, or federally
assisted program that provides cash
or in-kind assistance or
services directly to individuals based
on need or for the purpose
of protecting children to a
government entity responsible for
administering a children's
protective services program.
(E) Except when the release is required by division (B), (C), or (D)(2) of this section, the department or county agency shall release the
information
only in accordance with the authorization. The department or county agency shall provide, at no cost, a copy of each written authorization to the individual who signed it.
(F) The department or county agency may release
information
under division (D) of this section concerning the receipt of medical
assistance provided
under a public assistance program only if all of the
following conditions are met:
(1) The release of information is for purposes directly
connected to the administration of or provision of medical assistance provided under
a public assistance program;
(2) The information is released to persons or government
entities that are subject to standards of confidentiality and
safeguarding information substantially comparable to those
established for medical assistance provided under a public assistance program;
(3) The department or county agency has obtained an authorization consistent with section 5101.271 of the Revised Code.
(G) Information concerning the receipt of medical assistance provided under a public assistance program may be released only if the release complies with this section and rules adopted by the department pursuant to section 5101.30 of the Revised Code or, if more restrictive, the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended, and regulations adopted by the United States department of health and human services to implement the act.
(H) The department of job and family services may adopt rules defining "authorized representative" for purposes of division (C)(2) of this section.
Sec. 5101.272. Not later than August 31, 2007, the director of job and family services shall submit a report to the general assembly on the costs and potential three-year cost savings associated with participation in the federally-administered public assistance reporting information system. If cost savings are indicated in the report, not later than October 1, 2007, the department of job and family services shall enter into any necessary agreements with the United States department of health and human services and neighboring states to join and participate as an active member in the public assistance reporting information system. The department may disclose information regarding a public assistance recipient to the extent necessary to participate as an active member in the public assistance reporting information system.
Sec. 5101.51. In accordance with federal law governing the
children's health insurance program, the director of job and
family services may
submit a state child health plan to the United States
secretary of health and human services to provide, except as provided in
section
5101.516 of the Revised Code, health assistance to
uninsured individuals under nineteen years of age with family incomes above
one hundred fifty per cent of the federal poverty
guidelines but not exceeding two three hundred per cent of the federal
poverty guidelines. If the director submits the plan, the
director shall include both all of the following in the plan and any subsequent amendments to the plan:
(A) The For individuals with family incomes above one hundred fifty per cent but not exceeding two hundred per cent of the federal poverty guidelines, the health assistance will not begin before January
1, 2000.
(B) For individuals with family incomes above two hundred per cent but not exceeding three hundred per cent of the federal poverty guidelines, the health assistance will not begin before January 1, 2008.
(C) The health assistance will be available only while federal
financial participation is available for it.
Sec. 5101.541. The food stamp program fund is hereby created in the state treasury. The fund shall consist of federal reimbursement for food stamp program administrative expenses and other food stamp program expenses. The department of job and family services shall use the money credited to the fund to pay for food stamp program administrative expenses and other food stamp program expenses.
Sec. 5101.571. As used in sections 5101.571 to 5101.59 5101.591 of the Revised Code:
(A) "Information" means all of the following:
(1) An individual's name, address, date of birth, and social security number;
(2) The group or plan number, or other identifier, assigned by a third party to a policy held by an individual or a plan in which the individual participates and the nature of the coverage;
(3) Any other data the director of job and family services specifies in rules adopted under section 5101.591 of the Revised Code.
(B) "Medical assistance" means medical items or services provided under any of the following:
(1) Medicaid, as defined in section 5111.01 of the Revised Code;
(2) The children's health insurance program part I and part II established under sections 5101.50 to 5101.5110 of the Revised Code;
(3) The disability medical assistance program established under Chapter 5115. of the Revised Code.
(C) "Medical support" means support specified as support for the purpose of
medical care by order of a court or administrative agency.
(B) "Third party" (D) "Public assistance" means medical assistance or assistance under the Ohio works first program established under Chapter 5107. of the Revised Code.
(E)(1) Subject to division (E)(2) of this section, and except as provided in division (E)(3) of this section, "third party" means any health insurer as defined in section 3924.41 of
the Revised Code, individual, entity, or public or private program, that is or
may be liable to pay all or part of the medical cost of injury, disease, or
disability of an applicant or recipient. "Third party" includes any such
insurer, individual, entity, or program that would have been obligated to pay
for the service, even when such third party limits or excludes payments in the
case of an individual who is eligible for medicaid. all of the following:
(a) A person authorized to engage in the business of sickness and accident insurance under Title XXXIX of the Revised Code;
(b) A person or governmental entity providing coverage for medical services or items to individuals on a self-insurance basis;
(c) A health insuring corporation as defined in section 1751.01 of the Revised Code;
(d) A group health plan as defined in 29 U.S.C. 1167;
(e) A service benefit plan as referenced in 42 U.S.C. 1396a(a)(25);
(f) A managed care organization;
(g) A pharmacy benefit manager;
(h) A third party administrator;
(i) Any other person or governmental entity that is, by law, contract, or agreement, responsible for the payment or processing of a claim for a medical item or service for a public assistance recipient or participant.
(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a person or governmental entity listed in division (E)(1) of this section is a third party even if the person or governmental entity limits or excludes payments for a medical item or service in the case of a public assistance recipient.
(3) "Third party" does not
include the program for medically handicapped children established under
section 3701.023 of the Revised Code.
Sec. 5101.572. Upon the request of the department of job and
family services, any (A) A third party as defined in section 5101.571 of the
Revised Code shall cooperate with the department of job and family services in identifying
individuals for the purpose of establishing third party liability
pursuant to Title XIX of the Social Security Act, as amended.
The
(B) In furtherance of the requirement in division (A) of this section and to allow the department to determine any period that the individual or the individual's spouse or dependent may have been covered by the third party and the nature of the coverage, a third party shall provide, as the department so chooses, information or access to information, or both, in the third party's electronic data system on the department's request and in accordance with division (C) of this section.
(C)(1) If the department chooses to receive information directly, the third party shall provide the information under all of the following circumstances:
(a) In a medium, format, and manner prescribed by the director of job and family services in rules adopted under section 5101.591 of the Revised Code;
(c) Not later than the end of the thirtieth day after the department makes its request, unless a different time is agreed to by the director in writing.
(2) If the department chooses to receive access to information, the third party shall provide access by a method prescribed by the director of job and family services in rules adopted under section 5101.591 of the Revised Code. In facilitating access, the department may enter into a trading partner agreement with the third party to permit the exchange of information via "ASC X 12N 270/271 Health Care Eligibility Benefit Inquiry and Response" transactions.
(D) All of the following apply with respect to information provided by a third party to the department under this section:
(1) The information is confidential and not a public record under section 149.43 of the Revised Code.
(2) The release of information to the department is not to be considered a violation of any right of confidentiality or contract that the third party may have with covered persons including, but not limited to, contractees, beneficiaries, heirs, assignees, and subscribers.
(3) The third party is immune from any liability that it may otherwise incur through its release of information to the department.
The department of job and family services shall limit its
use of information gained from third parties to purposes directly
connected with the administration of the medicaid program. No
(E) No
third party shall disclose to other parties or make use of any
information regarding recipients of aid under Chapter 5107. or
5111. of the Revised Code that it obtains from the department of
job and family services, except in the manner provided for
by the director of job and family
services in administrative rules. Any
information provided by a third party to the department of
job and family services shall not be considered a violation of any
right of
confidentiality or contract that the third party may have with
covered persons including, but not limited to, contractees,
beneficiaries, heirs, assignees, and subscribers. The third
party is immune from any liability that it may otherwise incur
through its release of information to the department of job and family
services.
Sec. 5101.573. (A) Subject to division (B) of this section, a third party shall do all of the following:
(1) Accept the department of job and family services' right of recovery under section 5101.58 of the Revised Code and the assignment of rights to the department that are described in section 5101.59 of the Revised Code.
(2) Respond to an inquiry by the department regarding a claim for payment of a medical item or service that was submitted to the third party not later than three years after the date of the provision of such medical item or service;
(3) Pay a claim described in division (A)(2) of this section;
(4) Not deny a claim submitted by the department solely on the basis of the date of submission of the claim, type or format of the claim form, or a failure by the medical assistance recipient who is the subject of the claim to present proper documentation of coverage at the time of service, if both of the following are true:
(a) The claim was submitted by the department not later than three years after the date of the provision of the medical item or service;
(b) An action by the department to enforce its right of recovery under section 5101.58 of the Revised Code on the claim was commenced not later than six years after the department's submission of the claim.
(B) For purposes of the requirements in division (A) of this section, a third party shall treat a managed care organization as the department for a claim in which both of the following are true:
(1) The individual who is the subject of the claim received a medical item or service through a managed care organization that has entered into a contract with the department of job and family services under section 5111.16 of the Revised Code;
(2) The department has assigned its right of recovery for the claim to the managed care organization.
Sec. 5101.574. No third party shall consider whether an individual is eligible for or receives medical assistance when either of the following applies:
(A) The individual seeks to obtain a policy or enroll in a plan or program operated or administered by the third party;
(B) The individual, or a person or governmental entity on the individual's behalf, seeks payment for a medical item or service provided to the individual.
Sec. 5101.575. (A) If a third party violates section 5101.572, 5101.573, or 5101.574 of the Revised Code, a governmental entity that is responsible for issuing a license, certificate of authority, registration, or approval that authorizes the third party to do business in this state may impose a fine against the third party or deny, revoke, or terminate the third party's license, certificate, registration, or approval to do business in this state. The governmental entity shall determine which sanction is to be imposed. All actions to impose the sanction shall be taken in accordance with Chapter 119. of the Revised Code.
(B) In addition to the sanctions that may be imposed under division (A) of this section for a violation of section 5101.572, 5101.573, or 5101.574 of the Revised Code, the attorney general may petition a court of common pleas to enjoin the violation.
Sec. 5101.58. As used in this section and section 5101.59 of the Revised
Code, "public assistance" means aid provided under Chapter 5111. or 5115. of
the Revised Code and participation in the Ohio works first program established
under Chapter 5107. of the Revised Code.
(A) The acceptance of
public assistance gives a an automatic right
of recovery to the department of job and family services and
a county department of job and family services against the
liability of a third party for the cost of medical services and care
arising out of injury, disease, or disability assistance paid on behalf of the public assistance
recipient or participant.
When an action or claim is brought against a third party by a
public assistance recipient or participant,
the entire amount of any payment, settlement or
compromise of the action or claim, or any court award or
judgment, is subject to the recovery right of the
department
of job and family services or county department of
job and family services.
Except in the case of a recipient or participant who receives
medical services or care assistance through a managed care organization, the
department's or county department's claim shall not exceed the
amount of medical expenses assistance paid by the departments a department on behalf of
the recipient or participant. In A payment, settlement, compromise, judgment, or award that excludes the cost of medical assistance paid for by a department shall not preclude a department from enforcing its rights under this section.
(B) In the case of a recipient or
participant who receives medical
services or
care assistance through a managed care organization, the amount of the department's or
county department's claim
shall be the amount the managed care organization pays for medical services or
care assistance rendered to the recipient or participant, even if that amount is
more than the amount
the departments pay a department pays to the managed care organization for the recipient's
or participant's medical services or care. Any settlement, compromise,
judgment, or
award
that excludes the cost of medical services or care shall not
preclude the departments from enforcing their rights under this
section assistance.
Prior to initiating any (C) A recipient or participant, and the recipient's or participant's attorney, if any, shall cooperate with the departments. In furtherance of this requirement, the recipient or participant, or the recipient's or participant's attorney, if any, shall, not later than thirty days after initiating informal recovery activity or filing a legal recovery action, the recipient or
participant, or the recipient's or participant's representative, shall
disclose against a third party, provide written notice of the activity or action to the appropriate department or departments as follows:
(1) To only the department of job and family services when medical assistance under medicaid has been paid;
(2) To the department of job and family services and the appropriate county department of job and family services when medical assistance under the disability medical assistance program has been paid.
(D) The written notice that must be given under division (C) of this section shall disclose the identity and address
of any third party
against whom the recipient or participant has or may have a right of recovery.
Disclosure shall be made to the department of job and family services
when
medical expenses have been paid pursuant to Chapter 5111.
or 5115. of the Revised Code. Disclosure shall be made to
both the department of job and family services and the
appropriate county department of job and family services
when medical expenses have been paid pursuant to Chapter 5115. of the Revised
Code. No
(E) No settlement, compromise, judgment, or award or any recovery in any
action or claim by a recipient or participant where the departments have a
right
of recovery shall be made final without first giving
the appropriate departments written notice as described in division (C) of this section and a reasonable opportunity to
perfect their rights of recovery. If the
departments are not
given the appropriate written notice, the recipient or participant is and, if there is one, the recipient's or participant's attorney, are liable to reimburse
the departments for the recovery received to the extent of
medical payments made by the departments. The
(F) The departments shall
be permitted to enforce their recovery rights
against the
third party even though they accepted prior payments in discharge
of their rights under this section if, at the time the
departments received such payments, they were not aware that
additional medical expenses had been incurred but had not yet
been paid by the departments. The third party becomes liable to
the department of job and family services or county
department of job and family services as soon as the third
party is notified in writing of the valid claims for recovery under this
section.
The (G)(1) Subject to division (G)(2) of this section, the right of recovery of a department does not apply to that portion
of any judgment,
award, settlement, or compromise of a claim, to the extent of
attorneys' fees, costs, or other expenses incurred by a recipient
or participant in securing the judgment, award, settlement, or compromise, or
to
the extent of medical, surgical, and hospital expenses paid by
such recipient or participant from the recipient's or participant's own
resources. Attorney
fees and costs
or other expenses in securing any recovery shall not be assessed
against any claims of the departments.
To (2) Reasonable attorneys' fees, not to exceed one-third of the total judgment, award, settlement, or compromise, plus costs and other expenses incurred by the recipient or participant in securing the judgment, award, settlement, or compromise, shall first be deducted from the total judgment, award, settlement, or compromise. After fees, costs, and other expenses are deducted from the total judgment, award, settlement, or compromise, the department of job and family services or appropriate county department of job and family services shall receive no less than one-half of the remaining amount, or the actual amount of medical assistance paid, whichever is less.
(H) A right of recovery created by this section may be enforced separately or jointly by the department of job and family services or the appropriate county department of job and family services. To enforce their recovery rights, the departments
may do
any of the following:
(A)(1) Intervene or join in any action or proceeding brought
by the recipient or participant or on the recipient's or participant's behalf
against any
third party who may
be liable for the cost of medical services and care arising out
of the recipient's or participant's injury, disease, or disability assistance paid;
(B)(2) Institute and pursue legal proceedings against any
third party who may be liable for the cost of medical services
and care arising out of the recipient's or participant's injury, disease, or
disability assistance paid;
(C)(3) Initiate legal proceedings in conjunction with the any
injured, diseased, or disabled recipient or participant or the recipient's
or participant's legal attorney or
representative.
Recovery rights created by this section may be
enforced
separately or jointly by the department of job and family
services and the
county department of job and family services.
(I) A recipient or participant shall not assess attorney fees, costs, or other expenses against the department of job and family services or a county department of job and family services when the department or county department enforces its right of recovery created by this section.
(J) The right of recovery given to the department under
this
section does not include rights to support from any other person
assigned to the state under sections 5107.20 and
5115.07 of the Revised Code, but includes payments made by a
third party under contract with a person having a duty to
support.
The director of job and family
services may adopt rules in accordance with Chapter 119. of the Revised Code
the department considers necessary to implement this section.
Sec. 5101.59. (A) The application for, or acceptance of,
public assistance constitutes an automatic assignment of
certain rights to the
department of job and family services. This assignment includes the
rights of the applicant, recipient, or
participant and also the rights of any
other member of the assistance group for whom the applicant,
recipient, or participant can legally make an assignment.
(B) Pursuant to this section, the applicant, recipient,
or participant assigns to the department any rights to medical support
available to the applicant, recipient, or participant or for
other members of the assistance group under an
order of a court or administrative agency, and any rights to
payments from any by a liable third party liable to pay for the cost of
medical care and services arising out of injury, disease, or
disability of the applicant, recipient,
participant, or other members of the
assistance group assistance paid on behalf of a public assistance recipient or participant. The recipient or participant shall cooperate with the department in obtaining such payments.
Medicare benefits shall not be assigned pursuant to this
section. Benefits assigned to the department by operation of
this section are directly reimbursable to the department by
liable third parties.
(B)(C) Refusal by the applicant, recipient, or
participant to cooperate in
obtaining medical support and payments assistance paid for self or any
other member of the assistance group renders the applicant,
recipient, or participant ineligible for public
assistance, unless cooperation is waived by the department. Eligibility shall
continue for any individual who cannot legally assign the
individual's own rights and who would have been
eligible for public assistance but for the refusal to assign
the individual's rights
or to cooperate as required by this section by another person
legally able to assign the individual's rights.
(D) If the applicant, recipient, or participant or
any member of the
assistance group becomes ineligible for public assistance, the department
shall restore to
the applicant,
recipient, participant, or member of the assistance group any future
rights to benefits assigned under this section.
(E) The rights of assignment given to the department under this
section do not include rights to support assigned under section
5107.20 or 5115.07 of the Revised Code.
(C) The director of job and family services
may adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section, including rules
that specify what constitutes cooperating with efforts to obtain medical
support
and payments and when the cooperation requirement may be waived.
Sec. 5101.591. (A) Except as provided in division (B) of this section, the director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 5101.571 to 5101.59 of the Revised Code, including rules that specify what constitutes cooperating with efforts to obtain support or payments, or medical assistance payments, and when cooperation may be waived.
(B) The department shall adopt rules in accordance with Chapter 119. of the Revised Code to do all of the following:
(1) For purposes of the definition of "information" in division (A) of section 5101.571 of the Revised Code, any data other than the data specified in that division that should be included in the definition.
(2) For purposes of division (C)(1)(a) of section 5101.572 of the Revised Code, the medium, format, and manner in which a third party must provide information to the department.
(3) For purposes of division (C)(2) of section 5101.572 of the Revised Code, the method by which a third party must provide the department with access to information.
Sec. 5101.802. (A) As used in this section:
(1) "Custodian," "guardian," and "minor child" have the same meanings as in section 5107.02 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code.
(3) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code.
(B) Subject to division (E) of section 5101.801 of the Revised Code, there is hereby created the kinship permanency incentive program to promote permanency for a minor child in the legal and physical custody of a kinship caregiver. The program shall provide an initial one-time incentive payment to the kinship caregiver to defray the costs of initial placement of the minor child in the kinship caregiver's home. The program may provide additional permanency incentive payments for the minor child at six month intervals for a total period not to exceed thirty-six months.
(C)
A kinship caregiver may participate in the program if all of the following requirements are met:
(1) The kinship caregiver applies to a public children services agency in accordance with the application process established in rules authorized by division (E) of this section;
(2) The minor child the kinship caregiver is caring for is a child with special needs as that term is defined in rules adopted under section 5153.163 of the Revised Code;
(3) A Not earlier than July 1, 2005, a juvenile court has adjudicated the minor child to be an abused, neglected, dependent, or unruly child and determined that it is in the child's best interest to be in the issues an order granting legal custody of to the kinship caregiver, or the a probate court has determined that it is in the child's best interest to be in the guadianship of grants guardianship to the kinship caregiver, except that a temporary court order is not sufficient to meet this requirement;
(4)(3) The kinship caregiver is either the minor child's custodian or guardian;
(5)(4) The minor child resides with the kinship caregiver pursuant to a placement approval process established in rules authorized by division (E) of this section;
(6) The (5) Excluding any income excluded under rules adopted under division (E) of this section, the gross income of the kinship caregiver's family, including the minor child, does not exceed two three hundred per cent of the federal poverty guidelines.
(D) Public children services agencies shall make initial and ongoing eligibility determinations for the kinship permanency incentive program in accordance with rules authorized by division (E) of this section. The director of job and family services shall supervise public children services agencies' duties under this section.
(E) The director of job and family services shall adopt rules under division (C) of section 5101.801 of the Revised Code as necessary to implement the kinship permanency incentive program. The rules shall establish all of the following:
(1) The application process for the program;
(2) The placement approval process through which a minor child is placed with a kinship caregiver for the kinship caregiver to be eligible for the program;
(3) The initial and ongoing eligibility determination process for the program, including the computation of income eligibility;
(4) The amount of the incentive payments provided under the program;
(5) The method by which the incentive payments are provided to a kinship caregiver;.
(6) Anything else the director considers necessary to implement the program.
(F) The director shall begin implementation of the kinship permanency incentive program no later than January 1, 2006. The amendments made to this section by Am. Sub. H.B. 119 of the 127th general assembly shall not affect the eligibility of any kinship caregiver whose eligibility was established before the effective date of the amendments.
Sec. 5101.98. (A) There is hereby created in the state treasury the military injury relief fund, which shall consist of money contributed to it under section 5747.113 of the Revised Code, of incentive grants authorized by the "Jobs for Veterans Act," 116 Stat. 2033 (2002), and of contributions made directly to it. Any person or entity may contribute directly to the fund in addition to or independently of the income tax refund contribution system established in section 5747.113 of the Revised Code.
(B) Upon application, the director of job and family services shall grant money in the fund to individuals injured while in active service as a member of the armed forces of the United States and while serving under operation Iraqi freedom or operation enduring freedom and to individuals diagnosed with post-traumatic stress disorder while serving, or after having served, in operation Iraqi freedom or operation enduring freedom.
(C) An individual who receives a grant under this section is not precluded from receiving one or more additional grants under this section and during the same state fiscal year but is not precluded from being considered for or receiving other assistance offered by the department of job and family services.
(D) The director shall adopt rules under Chapter 119. of the Revised Code establishing:
(1) Forms and procedures by which individuals may apply for a grant under this section;
(2) Criteria for reviewing, evaluating, and ranking approving or denying grant applications;
(3) Criteria for determining the amount of grants awarded under this section; and
(4) Definitions and standards applicable to determining whether an individual meets the requirements established in division (B) of this section;
(5) The process for appealing eligibility determinations; and
(6) Any other rules necessary to administer the grant program established in this section.
(E) An eligibility determination, a grant approval, or a grant denial made under this section may not be appealed under Chapter 119., section 5101.35, or any other provision of the Revised Code.
Sec. 5104.04. (A) The department of job and family services
shall
establish procedures to be followed in investigating,
inspecting,
and licensing child day-care centers and type A family
day-care
homes.
(B)(1)(a) The department shall, at least
twice during every
twelve-month period of operation of a
center or type A home,
inspect the center or type A home.
The department shall inspect a
part-time center or part-time type
A home at least once during
every twelve-month period of operation.
The department shall
provide a written
inspection report to the licensee within a
reasonable time after
each inspection. The licensee shall display
all written reports of
inspections conducted during the current
licensing period in a conspicuous
place in the center or type A
home.
At least one inspection shall be unannounced and all
inspections may be
unannounced. No person, firm, organization,
institution, or agency shall interfere with the inspection of a
center or type A home by any state or local official
engaged in
performing duties required of the state or local official by
Chapter 5104. of the Revised
Code or rules adopted pursuant to
Chapter 5104. of
the Revised Code, including inspecting the center
or type A home,
reviewing records, or interviewing licensees,
employees,
children, or parents.
(b) Upon receipt of any complaint that a center or type A home
is
out of compliance with the requirements of Chapter 5104. of
the
Revised Code or rules adopted pursuant to
Chapter 5104.
of the
Revised Code, the department shall investigate
the
center or home, and both of the following apply:
(i) If the complaint alleges that a child suffered physical harm while receiving child care at the center or home or that the noncompliance alleged in the complaint involved, resulted in, or poses a substantial risk of physical harm to a child receiving child care at the center or home, the department shall inspect the center or home.
(ii) If division (B)(1)(b)(i) of this section does not apply regarding the complaint, the department may inspect the center or home.
(c) Division (B)(1)(b) of this section does not limit, restrict, or negate any duty of the department to inspect a center or type A home that otherwise is imposed under this section, or any authority of the department to inspect a center or type A home that otherwise is granted under this section when the department believes the inspection is necessary and it is permitted under the grant.
(2) If the department implements an instrument-based program
monitoring information system, it may use an indicator checklist
to comply
with division (B)(1) of this section.
(3) The department shall, at least once during every
twelve-month period
of operation of a center or type A home, contract with a third party by the first day of October in each even-numbered year to
collect information
concerning the amounts charged by the center
or home for
providing child care services for use in
establishing
reimbursement ceilings and payment pursuant to section 5104.30 of
the Revised Code. The third party shall compile the information and report the results of the survey to the department not later than the first day of December in each even-numbered year.
(C) In the event a licensed center or type A home is
determined to be out of compliance with the requirements of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
shall notify
the
licensee of the center or type A home in writing regarding
the
nature of the violation, what must be done to correct the
violation, and by what date the correction must be made. If the
correction is not made by the date established by the
department,
the department may commence action under
Chapter 119. of the
Revised Code to
revoke the license.
(D) The department may deny or revoke a license, or
refuse
to renew a license of a center or type A home, if the applicant
knowingly makes a false statement on the application, does not
comply with the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised
Code, or has
pleaded
guilty to or been convicted of an offense described in
section
5104.09 of the Revised Code.
(E) If the department finds, after notice and hearing
pursuant to Chapter 119. of the Revised Code, that any person,
firm, organization, institution, or agency licensed under section
5104.03 of the Revised Code is in violation of any provision of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
may issue an
order of revocation to the center or type A home revoking the
license previously issued by the department. Upon the
issuance of
any order
of revocation, the person whose license is revoked may
appeal in
accordance with section 119.12 of the Revised Code.
(F) The surrender of a center or type A home license to
the
department or the withdrawal of an application for
licensure by
the owner or administrator of the center or type A home shall not
prohibit the department from instituting any of the
actions set
forth in this section.
(G) Whenever the department receives a complaint, is
advised, or otherwise has any reason to believe that a center or
type A home is providing child care without a license issued
or renewed pursuant to section 5104.03 and is not exempt from
licensing pursuant to section 5104.02 of the Revised Code, the
department shall investigate the center or type A home and may
inspect the
areas children have access to or areas necessary for
the care of
children in the center or type A home during suspected
hours of
operation to determine whether the center or type A home
is
subject to the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised Code.
(H) The department, upon determining that the center
or type
A home is operating without a license, shall notify the attorney
general, the prosecuting attorney of the county in which the
center or type A home is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal
corporation in which the center or type A home is located, that
the center or type A home is operating without a license. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer of a municipal corporation shall file a complaint in the
court of common pleas of the county in which the center or type A
home is located requesting that the court grant an order
enjoining
the owner from operating the center or type A home in violation of section 5104.02 of the Revised Code.
The court
shall grant such injunctive relief upon a showing that
the
respondent named in the complaint is operating a center or
type A
home and is doing so without a license.
(I) The department shall prepare an annual report on
inspections
conducted under this section. The report shall
include the number of
inspections conducted, the number and types
of violations found, and the steps
taken to address the
violations. The department shall file
the report with the
governor, the president and minority leader of the senate,
and the
speaker and minority leader of the house of representatives on or
before the first day of January of each year, beginning in 1999.
Sec. 5104.30. (A) The department of job and family services is
hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child care in this state. Publicly funded
child care shall be provided to the following:
(1) Recipients of transitional child care as provided under section
5104.34 of the Revised Code;
(2) Participants in the Ohio
works first program established under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the Revised Code
and who continue to participate in a work activity, developmental activity, or
alternative work activity pursuant to an assignment under section 5107.42 of
the Revised Code;
(4) A family receiving publicly funded child care on
October 1, 1997, until the family's income
reaches one hundred fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals
determined eligible in
accordance with rules adopted under section 5104.38 of the Revised Code.
The department
shall apply to the United States department of health and human
services for authority to operate a coordinated program for
publicly funded child care, if the director of job and family services
determines that the application is necessary. For purposes of
this section, the department of job and family services may enter into
agreements with other state agencies that are involved in
regulation or funding of child care. The department shall
consider the special needs of migrant workers when it administers
and coordinates publicly funded child care and shall develop
appropriate procedures for accommodating the needs of migrant
workers for publicly funded child care.
(B) The department of job and family services shall distribute
state and federal funds for publicly funded child care,
including appropriations of state funds for publicly funded child
care and appropriations of federal funds available under the child care block grant act, Title IV-A, and Title XX. The
department may use any state funds appropriated for publicly
funded child care as the state share required to match any
federal funds appropriated for publicly funded child care.
(C) In the use of federal funds available under
the child care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to prepare any rules
required under this chapter and to administer and coordinate
federal and state funding for publicly funded child care.
(2) Not more than five per cent of the
aggregate amount of the federal funds received for a fiscal year may be
expended for administrative costs.
(3) The department shall allocate and use at
least four per cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer education to
parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral services,
designed to improve the quality, and increase the supply, of child care;
(d) Establishing a voluntary child day-care center quality-rating program in which participation in the program may allow a child day-care center to be eligible for grants, technical assistance, training, or other assistance and become eligible for unrestricted monetary awards for maintaining a quality rating.
(4) The department shall ensure that the federal funds will be used
only to supplement, and will not be used to supplant, federal,
state, and local funds available on the effective date of the child care block grant
act for publicly funded child care and related programs. A
county department of job and family services may purchase child care
from funds obtained through any other means.
(D) The department shall encourage the development of
suitable child care throughout the state, especially in areas
with high concentrations of recipients of public assistance and
families with low incomes. The department shall
encourage the development of suitable child care designed to
accommodate the special needs of migrant workers. On request,
the department, through its employees or contracts with state or
community child care resource and referral service
organizations, shall provide consultation to groups and
individuals interested in developing child care. The
department of job and family services may enter into interagency
agreements with the department of education, the board of
regents, the department of development, and other state agencies
and entities whenever the cooperative efforts of the other state
agencies and entities are necessary for the department of job and family
services to fulfill its duties and responsibilities under this
chapter.
The department shall develop and maintain a registry of persons providing
child care. The director shall adopt rules pursuant to Chapter 119. of the Revised
Code establishing procedures and requirements for the registry's administration.
(E)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing both of the following:
(a) Reimbursement ceilings for providers of publicly funded child care not later than the first day of July in each odd-numbered year;
(b) A procedure for reimbursing and paying providers of
publicly funded child care.
(2) In establishing reimbursement
ceilings under division (E)(1)(a) of this section, the director shall do all of the following:
(a) Use the information obtained
under division (B)(3) of section 5104.04 of the Revised Code;
(b) Establish an enhanced reimbursement ceiling for providers who provide
child care for caretaker parents who work nontraditional hours;
(c) For a type B family day-care home provider that has received
limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, establish a reimbursement ceiling that
is the following:
(i) If the provider is a person described in division (G)(1)(a) of section 5104.011 of the Revised Code, seventy-five per cent of the
reimbursement ceiling that applies to a type B family
day-care home certified by the same county department
of job and family services pursuant to section 5104.11 of the Revised Code;
(ii) If the provider is a person described in division (G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent of the reimbursement ceiling that applies to a type B family day-care home certified by the same county department pursuant to section 5104.11 of the Revised Code.
(3) In establishing reimbursement ceilings under division (E)(1)(a) of this section, the director may establish different reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
(F) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement the voluntary child day-care center quality-rating program described in division (C)(3)(d) of this section.
Sec. 5107.02. As used in this chapter:
(A)
"Adult" means an individual who is not a minor child.
(B)
"Assistance group" means a group of individuals treated
as
a unit for purposes of determining eligibility for and the
amount of assistance provided under Ohio works first.
(C)
"Custodian" means an individual who has legal custody, as
defined in section 2151.011 of the Revised Code, of a minor child
or comparable status over a
minor child created by a court of
competent jurisdiction in another
state.
(D)
"Domestic violence" means being subjected to any of the following:
(1) Physical acts that resulted in, or threatened to result in, physical injury to the individual;
(3) Sexual activity involving a dependent child;
(4) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
(5) Threats of, or attempts at, physical or sexual abuse;
(7) Neglect or deprivation of medical care.
(E) "Guardian" means an individual that is granted authority
by
a probate court pursuant to Chapter 2111. of the Revised Code,
or a court of
competent
jurisdiction in another state, to exercise
parental
rights over a minor child to the extent provided in the
court's order and
subject to residual parental rights of the minor
child's parents.
(E)(F) "LEAP program" means the learning, earning, and parenting program conducted under section 5107.30 of the Revised Code.
(G)
"Minor child" means either of the following:
(1) An individual who has not attained age eighteen;
(2) An individual who has not attained age nineteen
and is a
full-time student in a secondary school or in the
equivalent level
of vocational or technical training.
(F)(H)
"Minor head of household" means a minor child who is
either of the following:
(1) Is married, at least six months pregnant, and a member of an
assistance group that does not include an adult;
(2) Is married and is a parent of a child included in the same assistance
group that does not include
an adult.
(G)(I)
"Ohio works first" means the program established by
this
chapter known as temporary assistance for needy families in
Title
IV-A.
(H)(J)
"Payment standard" means the amount specified in rules
adopted under
section 5107.05 of the Revised Code that is the
maximum amount of cash
assistance an
assistance group may receive
under Ohio works first from state and
federal funds.
(I)(K)
"Specified relative" means the following individuals
who
are age eighteen or older:
(1) The following individuals related by blood or
adoption:
(a) Grandparents, including grandparents with the
prefix
"great," "great-great," or
"great-great-great";
(c) Aunts, uncles, nephews, and nieces,
including such
relatives with the prefix
"great,"
"great-great," "grand," or
"great-grand";
(d) First cousins and first cousins once removed.
(2) Stepparents and stepsiblings;
(3) Spouses and former spouses of individuals
named in
division (I)(K)(1) or (2) of this section.
(J)(L)
"Title IV-A" or
"Title
IV-D" means Title IV-A or
Title
IV-D of the
"Social
Security Act," 49 Stat. 620 (1935), 42
U.S.C.
301, as amended.
Sec. 5107.03. There is hereby established the
Ohio works first program. The
department of job and family services shall administer the program, as
long as federal funds are provided for the program, in
accordance with Title IV-A,
federal regulations, state law, the
Title IV-A state plan submitted to the
United States secretary of health and human services under section 5101.80 of the Revised Code, amendments to the
plan,
and federal waivers granted by the United States secretary.
The department shall make all cash assistance payments for
Ohio works first from funds
appropriated for the Ohio works
first program. A county department of job and family
services may use
county funds to increase the amount of cash assistance an
assistance group receives. An increase in the amount of cash assistance that
results from such a use of county funds shall not be included as countable
income, gross earned income, or gross unearned income of the assistance group.
Sec. 5107.04. As used in this section, "cost-of-living adjustment" means the cost-of-living adjustment made by the United States commissioner of social security under 42 U.S.C. 415(i) for benefits provided under Title II of the "Social Security Act of 1935."
The department of job and family services shall make all cash assistance payments for Ohio works first from funds appropriated for the Ohio works first program. The amount of a cash assistance payment the department is to make to an assistance group shall be determined in accordance with rules adopted under section 5107.05 of the Revised Code and shall not exceed the payment standard. The department shall increase the payment standard on January 1, 2009, and the first day of each January thereafter by the cost-of-living adjustment made in the immediately preceding December.
A county department of job and family services may use county funds to increase the amount of cash assistance an assistance group receives. An increase in the amount of cash assistance that results from such a use of county funds shall not be included as countable income, gross earned income, or gross unearned income of the assistance group.
Sec. 5107.05. The director of job
and family services shall
adopt rules to implement this chapter. The rules shall be
consistent with Title IV-A, Title
IV-D, federal regulations, state law, the Title
IV-A state plan submitted to
the United States secretary of health and human services under section 5101.80
of the
Revised Code, amendments to the
plan, and waivers granted by the
United States secretary. Rules
governing eligibility, program participation, and other
applicant and participant requirements shall be adopted in
accordance with Chapter 119. of
the Revised Code. Rules governing
financial and other administrative requirements applicable to
the department of job and family services and county departments of
job and family services shall be
adopted in accordance with section 111.15 of the
Revised Code.
(A) The rules shall specify, establish, or govern all of the
following:
(1) A payment standard for Ohio works first based on
federal and state appropriations that is increased in accordance with section 5107.04 of the Revised Code;
(2) The For the purpose of section 5107.04 of the Revised Code, the method of determining the amount of cash
assistance an assistance group receives under Ohio works first;
(3) Requirements for initial and continued eligibility
for Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition.
The rules regarding income shall specify what is countable
income, gross earned income, and gross unearned income for the
purpose of section 5107.10 of the Revised Code.;
(4) For the purpose of section 5107.12 of the
Revised Code, application and
verification procedures, including the minimum information an
application must contain. If there are at least two telephone numbers available that a county department of human services can call to contact members of an assistance group, which may include the telephone number of an individual who can contact an assistance group member for the county department, the minimum information shall include at least those two telephone numbers.;
(5) The extent to which a participant of Ohio works first must
notify, pursuant to section 5107.12 of the
Revised Code, a county department of job and family
services of additional income not previously reported to
the county department;
(6) For the purpose of section 5107.16 of the Revised Code, standards for the determination of good cause for failure or refusal to comply in full with a provision of a self-sufficiency contract;
(7) The department of job and family services providing written
notice of a sanction under section 5107.161 of the Revised Code;
(7)(8) Requirements for the collection and distribution of
support payments owed participants of Ohio works first pursuant to
section 5107.20 of the
Revised Code;
(8)(9) For the purpose of section 5107.22 of the
Revised Code, what constitutes
cooperating in establishing a minor child's paternity or
establishing, modifying, or enforcing a child support order and
good cause for failure or refusal to cooperate. The rule shall
be consistent with 42 U.S.C.A.
654(29).;
(9)(10) The requirements governing the LEAP program
provided for under
section 5107.30 of the Revised Code, including the definitions of "equivalent of a high school diploma" and "good cause," and the incentives provided under the LEAP program;
(10)(11) If the director implements section 5107.301 of the Revised Code, the requirements governing the award provided under that section, including the form that the award is to take and requirements an individual must satisfy to receive the award;
(11)(12) Circumstances under which a county department
of job and family services may
exempt a minor head of household or adult from participating in a work
activity or developmental activity for all or some of the weekly hours
otherwise required by section 5107.43 of the
Revised Code. Circumstances shall include that a school or
place of work is closed due to a
holiday or weather or other emergency and that an employer grants the minor
head of household or adult leave for illness or earned vacation.
(12)(13) The maximum amount of time the department will
subsidize positions created by state agencies and political
subdivisions under division (C) of section 5107.52 of the
Revised Code;
(14) The implementation of sections 5107.71 to 5107.717 of the Revised Code by county departments of job and family services;
(15) A domestic violence screening process to be used for the purpose of division (A) of section 5107.71 of the Revised Code;
(16) The minimum frequency with which county departments of job and family services must redetermine a member of an assistance group's need for a waiver issued under section 5107.714 of the Revised Code.
(B) The rules adopted under division (A)(3) of this section regarding income shall specify what is countable income, gross earned income, and gross unearned income for the purpose of section 5107.10 of the Revised Code.
The rules adopted under division (A)(9) of this section shall be consistent with 42 U.S.C. 654(29).
The rules adopted under division (A)(12) of this section shall specify that the circumstances include that a school or place of work is closed due to a holiday or weather or other emergency and that an employer grants the minor head of household or adult leave for illness or earned vacation.
(C) The rules may
provide that a county department of job and family
services is not
required to take action under section 5107.76 of the
Revised Code to recover an erroneous
payment that is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section:
(1)
"Countable income,"
"gross earned income,"
and
"gross
unearned income" have the meanings established in rules adopted
under section 5107.05 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code, except that references to a person's family in the definition shall be deemed to be references to the person's assistance group.
(3)
"Gross income" means gross earned income and gross
unearned income.
(4) "Initial eligibility threshold" means the higher of the following:
(a) Fifty per cent of the federal poverty guidelines;
(b) The gross income maximum for initial eligibility for Ohio works first as that maximum was set by division (D)(1)(a) of this section on the day before the effective date of this amendment.
(5)
"Strike" means continuous concerted action in failing
to
report to duty; willful absence from one's position; or
stoppage
of work in whole from the full, faithful, and proper
performance
of the duties of employment, for the purpose of
inducing,
influencing, or coercing a change in wages, hours,
terms, and
other conditions of employment.
"Strike" does not
include a
stoppage of work by employees in good faith because of
dangerous
or unhealthful working conditions at the place of
employment that
are abnormal to the place of employment.
(B) Under the Ohio works first program, an assistance
group
shall receive, except as otherwise
provided by this chapter,
time-limited
cash assistance. In the case of an assistance group
that includes a minor
head of household or adult, assistance shall
be provided in accordance with
the self-sufficiency contract
entered into under section 5107.14 of the Revised Code.
(C) To be eligible to participate in
Ohio works first, an
assistance group must meet all of the
following requirements:
(1) The assistance group, except as provided in division
(E)
of this section, must
include at least one of the following:
(a) A minor child who, except as provided in section 5107.24
of the Revised Code, resides with a
parent, or specified relative
caring for the child, or, to the extent
permitted by Title IV-A
and federal
regulations adopted until Title IV-A, resides with
a
guardian or
custodian caring for the child;
(b) A parent residing with and caring for
the parent's minor
child who receives supplemental
security income under Title XVI of
the
"Social
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A.
1383,
as amended, or federal, state, or local adoption
assistance;
(c) A specified relative residing with and caring for a
minor child who is
related to the specified relative in a manner
that makes the specified
relative a specified relative and
receives supplemental security income or
federal, state, or local
foster care or adoption assistance;
(d) A woman at least six months pregnant.
(2) The assistance group must meet the income
requirements
established by division
(D) of this section.
(3) No member of the assistance group may be involved in a
strike.
(4) The assistance group must satisfy the requirements
for
Ohio works first established by this chapter and sections
5101.58, 5101.59, and 5101.83 of the
Revised Code.
(5) The assistance group must meet requirements for Ohio
works
first established by rules adopted under section
5107.05 of
the Revised
Code.
(D)(1) Except as provided in division (D)(4) of this
section, to determine whether an assistance group is initially
eligible to participate in Ohio works first, a county
department
of job and family services shall do the
following:
(a) Determine whether the assistance group's gross
income
exceeds the initial eligibility threshold fifty per cent of the federal poverty guidelines. In making this determination, the county department
shall
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the
Revised Code require be
disregarded.
The assistance group is ineligible to participate in
Ohio works first
if the assistance group's gross income, less the
amounts disregarded, exceeds the initial eligibility threshold fifty per cent of the federal poverty guidelines.
(b) If the assistance group's gross income, less
the amounts
disregarded pursuant to division
(D)(1)(a)
of this section, does
not exceed the initial eligibility threshold fifty per cent of the federal poverty guidelines,
determine
whether the assistance
group's countable income is less than the
payment standard. The assistance
group is ineligible to
participate in Ohio works first if the assistance group's
countable income equals or
exceeds the payment standard.
(2) For the purpose of determining whether an assistance group meets the income requirement established by division (D)(1)(a) of this section, the annual revision that the United States department of health and human services makes to the federal poverty guidelines shall go into effect on the first day of July of the year for which the revision is made.
(3) To determine whether an assistance group
participating
in Ohio works first continues to be eligible to
participate, a
county department of job and family
services shall
determine
whether the assistance group's countable income
continues to be
less than the payment standard. In making this
determination, the
county department shall disregard the first
two hundred fifty
dollars and fifty per cent of the remainder
of the assistance
group's gross earned income.
No amounts shall be disregarded from
the assistance
group's gross unearned income. The assistance
group ceases to
be eligible to participate in Ohio works first if
its
countable income, less the amounts disregarded, equals or
exceeds the payment standard.
(4) If an assistance group reapplies to participate in
Ohio
works first not more than four months after ceasing to
participate, a county department of job and family
services shall
use the income requirement established by
division (D)(3) of this
section
to determine eligibility for resumed participation rather
than
the income requirement established by division
(D)(1) of this
section.
(E)(1) An assistance group may continue to participate in
Ohio works first even though a public children services agency
removes the assistance
group's minor children from the assistance
group's home due to abuse, neglect,
or dependency if the agency
does both of the following:
(a) Notifies the county department of job and family
services at the time the agency removes the children
that it
believes the children will be able to return to the
assistance
group within six months;
(b) Informs the county department at the end of
each of the
first five months after the
agency removes the children
that the
parent, guardian,
custodian, or specified relative of the children
is
cooperating with
the case plans prepared for the children under
section 2151.412
of the Revised
Code and that the agency is
making
reasonable efforts to return the children to the assistance group.
(2) An assistance group may continue to participate in
Ohio
works first pursuant to division
(E)(1) of this section for not
more than six payment months. This division does not
affect
the
eligibility of an assistance group that includes a woman at
least
six months pregnant.
Sec. 5107.12. An assistance group seeking to participate in the Ohio works
first
program shall apply to a county department of job and
family services using an
application containing
information the director of job and family services
requires pursuant to rules adopted under section
5107.05 of the Revised Code and any additional information the county
department
requires. If cash assistance under the program
is to be paid by the director of budget and management through the medium of direct
deposit as provided by section 329.03 of the Revised Code, the application
shall be
accompanied by
information the director needs to make direct
deposits.
When a county department receives an application
for participation in Ohio
works first, it shall promptly make an investigation
and record of the circumstances of the applicant in order to
ascertain the facts surrounding the application and to obtain
such other information as may be required. Upon the completion
of the investigation, the county
department shall determine as soon as possible
whether the applicant is eligible to participate, the
amount of cash assistance the
applicant should receive, and the approximate date when
participation shall
begin. The county department shall not delay making the determination of whether the applicant is eligible to participate on the basis that the individuals required by section 5107.14 of the Revised Code to enter into a written self-sufficiency contract with the county department have not yet done that. The amount of cash assistance so determined shall be certified
to the department of job and family services in such form
as the
department shall
prescribe. Warrants, direct deposits, or debit cards shall be
delivered or made payable in the
manner
the department may prescribe.
To the extent required by rules
adopted under section 5107.05 of the Revised Code, a participant of Ohio works
first shall notify the county
department immediately upon the
receipt or
possession of additional income not
previously reported
to the county department. Any failure to so notify a county
department shall
be regarded as prima-facie evidence of an intent to defraud.
Sec. 5107.121. A county department of job and family services shall provide assistance groups applying for or undergoing a redetermination of eligibility for Ohio works first written and oral information about both of the following:
(A) The availability of counseling and supportive services pursuant to division (B) of section 5107.71 of the Revised Code for members of the assistance group who have been subjected to domestic violence;
(B) The availability of waivers under section 5107.714 of the Revised Code exempting members of the assistance group who have been subjected to domestic violence from a requirement of the Ohio works first program.
Sec. 5107.14. (A) An assistance group is
ineligible to
participate in
Ohio works first unless the minor head of household
or
each adult
member of the assistance group, not later than
thirty days after applying
for or
undergoing a redetermination of
eligibility
for the program, enters the following enter into a written
self-sufficiency contract with the county department of
job and
family services not later than thirty days after the assistance group applies for or undergoes a redetermination of eligibility for the program:
(1) Each adult member of the assistance group;
(2) The assistance group's minor head of household unless the minor head of household is participating in the LEAP program. The
(B) A self-sufficiency contract shall
set forth the rights and
responsibilities of the assistance group
as applicants for and
participants of the program,
including work responsibilities
established under sections
5107.40 to 5107.69 of the
Revised Code
and other requirements
designed to assist the assistance group in
achieving self sufficiency and personal responsibility. The
county department shall provide without charge a copy of the
contract to each
assistance group member who signs it.
Each Ohio works first. Each self-sufficiency contract shall include, based on
appraisals conducted under section 5107.41 of the
Revised Code and
assessments conducted under section 5107.70
of the Revised Code,
the following:
(A)(1) The assistance group's plan, developed under section
5107.41 of the Revised
Code, to achieve the goal of
self
sufficiency and personal responsibility through
unsubsidized
employment within the time limit for participating
in Ohio works
first established by section 5107.18 of the
Revised Code;
(B)(2) Work activities,
developmental activities, and
alternative work activities to
which members of the assistance
group are assigned under
sections 5107.40 to 5107.69 of the
Revised Code;
(C)(3) The responsibility
of a caretaker member of the
assistance group to cooperate in
establishing a minor child's
paternity and establishing,
modifying, and enforcing a support
order for the child in
accordance with section 5107.22 of the
Revised Code;
(D)(4) Other responsibilities that members of the assistance
group
must satisfy to participate in Ohio works first and the
consequences for failure or refusal to satisfy the
responsibilities;
(E)(5) An agreement that, except as otherwise provided in a waiver issued under section 5107.714 of the Revised Code, the assistance group will comply with
the conditions of
participating in Ohio works first established by
this chapter
and sections
5101.58, 5101.59, and 5101.83
of the
Revised
Code;
(F)(6) Assistance and services the county department will
provide to
the assistance group;
(G)(7) Assistance and
services the child support enforcement
agency and public
children services agency will provide to the
assistance group
pursuant to a plan of cooperation entered into
under section
307.983 of the Revised Code;
(H)(8) Other provisions designed to assist the assistance
group
in achieving self sufficiency and
personal responsibility;
(I)(9) Procedures for assessing whether responsibilities
are
being satisfied and whether the contract should be amended;
(J)(10) Procedures for amending the contract.
(C) No self-sufficiency contract shall include provisions regarding the LEAP program.
(D) The county department shall provide without charge a copy of the self-sufficiency contract to each assistance group member who signs it.
Sec. 5107.16. (A) If a
member of an assistance group fails or refuses, without good
cause, to comply in full with a provision of a self-sufficiency
contract entered into under section 5107.14 of the
Revised Code, a county department of job and family
services shall
sanction the assistance group as follows:
(1) For a first failure or refusal, the county department
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for one payment month or until
the failure or refusal ceases, whichever is longer;
(2) For a second failure or refusal, the county
department shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or
until the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the
county department shall deny or terminate the assistance group's
eligibility to participate in Ohio works first for six payment
months or until the failure or refusal ceases, whichever is
longer.
(B) Each county
department The director of job and family services shall establish
standards for the
determination of good cause for failure or refusal to comply in
full with a provision of a self-sufficiency contract in rules adopted under section 5107.05 of the Revised Code.
(1) In the case of a failure or refusal to participate in
a work activity, developmental activity, or alternative work
activity under sections 5107.40 to 5107.69 of the
Revised Code, good cause shall include,
except as provided in division
(B)(2) of this section, the
following:
(a) Failure of the county department to place the
member in an activity;
(b) Failure of the county department to provide
for the assistance group to receive support services the county
department determines under section 5107.66 of the Revised
Code to be necessary. In
determining whether good cause exists, a county department shall
determine that day care is a necessary support service if a
single custodial parent caring for a minor child under age six proves
a demonstrated inability, as determined by the county
department, to obtain needed child care for one or more of the
following reasons:
(i) Unavailability of appropriate child care
within a reasonable distance from the parent's home or work
site;
(ii) Unavailability or unsuitability of informal
child care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable
formal child care arrangements.
(2) Good cause does not exist if the member of the
assistance group is placed in a work activity established
under section 5107.58 of the Revised
Code and exhausts the support
services available for that activity.
(C) When a state hearing
under division (B) of section
5101.35 of the Revised
Code or an administrative
appeal under division (C) of
that section is held regarding a sanction under this section,
the hearing officer, director of job and family services,
or director's
designee shall base the decision in the hearing or appeal on the
county department's standards of good cause for failure or
refusal to comply in full with a provision of a self-sufficiency
contract, if the county department provides the hearing officer,
director, or director's designee a copy of the county
department's good cause standards.
(D) After sanctioning an
assistance group under division
(A) of this section, a county
department of job and family services shall continue to
work with the assistance
group to provide the member of the
assistance group who caused the sanction an opportunity to
demonstrate to the county department a willingness to cease the
failure or refusal to comply with the self-sufficiency contract.
(E)(D) An adult eligible for medical assistance medicaid pursuant to
division
(A)(1)(a)
of section 5111.01 of the
Revised
Code who is sanctioned under
division (A)(3) of this section
for a failure or refusal, without good cause, to comply in full
with a provision of a self-sufficiency contract related to work
responsibilities under sections 5107.40 to 5107.69 of the
Revised Code loses eligibility for
medical assistance medicaid unless the adult is otherwise eligible for
medical assistance medicaid pursuant to another division of section
5111.01 of the Revised
Code.
(F) An assistance group that would be participating in
Ohio works first if not for a sanction under this section shall
continue to be eligible for all of the following:
(1) Publicly funded child care in accordance with division
(A)(3) of section 5104.30 of the Revised Code;
(2) Support services in accordance with section 5107.66 of the
Revised Code;
(3) To the extent permitted by the "Fair Labor
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.
201, as amended, to participate in work activities, developmental activities,
and alternative work activities in accordance with sections 5107.40 to 5107.69 of the Revised Code.
Sec. 5107.17. An assistance group that resumes participation in
Ohio works first following
a sanction under section 5107.16 of the Revised Code is not
required to do either of the following:
(A) Reapply under section 5107.12 of the Revised Code, unless it
is the assistance group's regularly scheduled time for an eligibility
redetermination;
(B) Enter into a new self-sufficiency contract under section
5107.14 of the Revised Code, unless the county department of job and family services
determines it is time for a new appraisal under section 5107.41 of the
Revised Code or the assistance group's circumstances have
changed in a manner necessitating an amendment to the self-sufficiency
contract as determined using procedures included in
the contract under division (I)(B)(9) of section 5107.14 of the
Revised Code.
Sec. 5107.18. (A) Except as provided in divisions (B),
(C),
(D), and (E), and (F) of this section, an
assistance group is ineligible to
participate in Ohio works first if
the assistance group includes
an
individual who has participated in the program for
thirty-six
months
as any of the following: an adult head of
household, minor
head of household, or spouse of an adult head of
household or
minor head of household. The time limit applies
regardless of
whether the
thirty-six months are consecutive.
(B) An assistance
group that has ceased to participate in
Ohio works first pursuant to
division (A) of
this section for at
least twenty-four months, whether consecutive or not, may reapply
to
participate in the program if good cause exists as
determined
by the county department of job and family
services. Good cause
may include
losing employment, inability to find employment,
divorce,
domestic violence considerations, and unique personal
circumstances. The assistance group must provide a county
department of
job and family services verification acceptable to
the
county department of whether any members of the assistance
group
had employment during the period the assistance group was
not
participating in Ohio works first and the amount and sources
of the assistance group's income during that period. If a
county
department is satisfied that good cause exists for the
assistance
group to reapply to participate in Ohio works first, the
assistance group may reapply. Except as provided
in divisions
(C),
(D), and (E)(F) of this section, the
assistance group may not
participate in Ohio works first for more
than twenty-four
additional months. The time limit applies
regardless of whether
the twenty-four months are consecutive.
(C) In determining the
number of months a parent or pregnant
woman has
received assistance
under Title
IV-A,
a county
department of job and family services shall
disregard any month
during which the parent or
pregnant woman was a minor child but
was neither a minor head of
household nor married to the head of
an assistance group.
(D) In determining the
number of months an adult has
received assistance
under
Title
IV-A,
a county department of job
and family services shall
disregard any month
during which the
adult lived on an
Indian reservation or in an
Alaska native
village, as those
terms are used in 42
U.S.C.A.
608(a)(7)(D),
if,
during the month, at least one thousand individuals lived on
the
reservation or in the village and at least fifty per cent of
the
adults living on the reservation or in the village were
unemployed.
(E) A county department of job and family services may exempt an Ohio works first assistance group from the time limit established by division (A) of this section by issuing a waiver of the time limit in accordance with section 5107.714 of the Revised Code. A county department may not exempt an assistance group until the group has exhausted its thirty-six months of cash assistance. An exemption granted under this division shall not count toward the twenty per cent limitation that applies to the exemptions granted under division (F) of this section.
(F) A county department of job and family services may
exempt
not more than twenty per cent of
the average monthly number
of Ohio works first
assistance
groups
from the time
limit
established by this section
on the
grounds
that the
county
department determines that the time limit is a
hardship. In the
case of the time limit established by division (A)
of this
section, a county department may not exempt an assistance group
until the group has exhausted its
thirty-six months of cash
assistance.
(F)(G) The department of job and family
services shall
continually
monitor the percentage of the average monthly number
of
Ohio works first
assistance groups in each county
that is
exempted under division (E)(F) of this
section from the time
limit
established by this section. On determining that
the
percentage
in any county equals or exceeds eighteen per cent, the
department
shall immediately notify the county department of
job
and family
services.
(G)(H) Only participation in Ohio works first on or after
October 1, 1997, applies to the
time limit established by this
section. The time limit applies
regardless of the source of
funding for the program.
Assistance under Title
IV-A
provided by
any state applies to the time limit. The time limit
is a lifetime
limit. No assistance group shall receive
assistance under the
program in violation of the time limit
for assistance under Title
IV-A
established by section 408(a)(7) of the
"Social Security
Act," as amended by the
"Personal Responsibility and Work
Opportunity Reconciliation Act of 1996," 110
Stat. 2105, 42
U.S.C.A.
608 (a)(7).
Sec. 5107.281. A participant
of Ohio works first
who is enrolled in a school district in a county that is participating
in the
learnfare program and is not younger than age six but not older
than age nineteen shall participate in the learnfare program
unless one of the following is the case:
(A) The participant is not yet eligible for
enrollment in
first grade;
(B) The participant is subject to the LEAP
program under section 5107.30 of the Revised Code;
(C) The participant has received one of the
following:
(1) A high school diploma;
(2) A certificate stating that the participant has achieved
the
equivalent of a high school education as measured by scores
obtained on the tests of general educational development as
published by the American council on education.
(D) The participant has been excused from school
attendance
pursuant to section 3321.04 of the Revised Code;
(E) If child care services for a member of the
participant's household are necessary for the
participant to attend school, child
care licensed or certified under Chapter 5104. of the Revised
Code or under sections 3301.52 to 3301.59 of the Revised Code and transportation to
and from the child care are not
available;
(F) The participant has been adjudicated a delinquent
or
unruly child pursuant to section 2151.28 of the Revised Code.
Sec. 5107.30. (A) As used in this section:
(1) "Equivalent of a high school diploma" and "good cause" have the meanings established in rules adopted under section 5107.05 of the Revised Code.
(2) "LEAP program" means the learning, earning, and
parenting program.
(3) "Participating teen" means an individual to whom all of the following apply:
(a) The individual is a participant of Ohio works
first;
(b) The individual is under age
eighteen or is age eighteen and in school and is a natural or adoptive parent or is pregnant;
(c) The individual is subject to the LEAP program's requirements.
(4)(3) "School" means an educational program that is designed
to lead to the attainment of a high school diploma or the
equivalent of a high school diploma.
(B) The director of job and
family services may conduct
a program titled the "LEAP program" in accordance with rules adopted under section 5107.05 of the Revised Code. The purpose of the LEAP program is to encourage
teens to complete school.
Every participating teen shall attend school in accordance with the requirements
governing the LEAP program unless the participating teen shows good cause for not
attending school. The department shall provide, in addition to
the cash assistance payment provided under Ohio works
first,
an incentive payment, in an amount determined by the department,
to every participating teen who
attends school in accordance with the requirements governing the LEAP
program. In addition to the incentive payment, the department may provide other incentives to participating teens who attend school in accordance with the LEAP program's requirements. The department shall reduce the cash assistance
payment, in an
amount determined by the department, under Ohio works first to
every participating teen
who
fails or refuses, without good cause, to meet the LEAP program's requirements.
Every participating teen shall enter into a written agreement with the county department of
job and family services that specifies all of the
following:
(1) The participating teen, to be eligible to receive the incentive
payment and other incentives, if any, under this section, must meet the requirements of the LEAP program.
(2) The incentive
payment and other incentives, if any, will be provided if the participating teen meets the requirements of the LEAP program.
(3) The participating teen's cash assistance
payment under Ohio works
first will be reduced if the participating teen fails or
refuses without good cause to attend school in accordance with the requirements
governing the LEAP program.
(C) A minor head of household who is participating household's participation in the LEAP program
shall be considered to be participating in a work activity
for
the purpose of sections 5107.40 to
5107.69 counted in determining whether a county department of job and family services meets the requirement of section 5107.44 of the Revised Code. However, the minor head of household is not
subject to the
requirements or sanctions of
those sections.
(D) Subject to the availability of funds, county departments of job and family services shall provide for participating teens to receive support services the county department determines to be necessary for LEAP participation. Support services may include publicly funded child care under Chapter 5104. of the Revised Code, transportation, and other services.
Sec. 5107.36. An individual is not eligible to participate in ineligible for assistance under Ohio
works first if
either of the following apply:
(A) The individual is
a fugitive felon as defined in section 5101.20 of the Revised Code;
(B) The individual is violating a condition of probation, a
community control sanction, parole, or a post-release control sanction imposed
under federal or state law.
Sec. 5107.41. As soon as possible after an assistance group submits an
application to participate in Ohio works first, the county
department of job and family services that receives the
application shall
schedule and conduct an appraisal of each member of the
assistance group who is a minor head of household or adult, other than a minor head of household participating in the LEAP program. The appraisal may
include an evaluation of the employment, educational, physiological, and
psychological abilities or liabilities, or both, of the minor head of
household or adult. At the appraisal, the county department shall develop
with the minor head of household or adult a plan for the assistance
group to achieve the goal of self sufficiency and personal
responsibility through unsubsidized employment within the time
limit for participating in the Ohio works first program established
by
section 5107.18 of the Revised
Code. The plan shall include
assignments to one or more work activities, developmental
activities, or alternative work activities in accordance with
section 5107.42 of the Revised
Code. The county department
shall include the plan in the self-sufficiency contract entered
into under section 5107.14 of the Revised Code.
The county department shall conduct more appraisals
of the minor head of household or adult at times the county
department determines.
If the minor head of household or adult claims to have a
medically determinable physiological or psychological
impairment, illness, or disability, the county department may
require that the minor head of household or adult undergo an
independent medical or psychological examination at a time and
place reasonably convenient to the minor head of household or adult.
Sec. 5107.42. (A) Except as provided in divisions (B)
and (C) of this section, county departments of job and
family services shall
assign each minor head of household and adult participating in Ohio
works first, other than a minor head of household participating in the LEAP program, to one or more work activities and developmental activities.
If a county department assigns a minor head of household
or adult to the work activity established under division (H) of
section 5107.60 of the Revised
Code, the county department
shall make reasonable efforts to assign the minor head of
household or adult to at least one other work activity at the
same time. If a county department assigns a minor head of
household or adult to the work activity established under section 5107.58
of the Revised Code, the county department
shall assign the minor head of household or adult to at least
one other work activity at the same time.
A county department may not assign a minor head of household or adult to
a work activity established under division (D)
of section 5107.60 of the Revised
Code for more than twelve months.
(B) If a county department determines that a minor
head of household or adult has a temporary or permanent barrier
to participation in a work activity, it may assign the minor
head of household or adult to one or more alternative work
activities instead of assigning the minor head of household or
adult to one or more work activities or developmental
activities. A county department may not assign more than twenty
per cent of minor heads of household and adults participating in
Ohio works first to an
alternative work activity.
County departments shall establish standards for
determining whether a minor head of household or adult has a
temporary or permanent barrier to participating in a work
activity. The following are examples of circumstances that a
county department may consider when it develops its
standards:
(1) A minor head of
household or adult provides the county department documented
evidence that one or more members of the assistance group have
been the victim of domestic violence and are in imminent danger
of suffering continued domestic violence;
(2) A minor head of
household or adult is actively participating in an alcohol or
drug addiction program certified by the department of alcohol
and drug addiction services under section 3793.06
of the Revised Code;
(3) An assistance group is homeless.
(C) A county department
may exempt a minor head of household or adult who is unmarried
and caring for a minor child under twelve months of age from the
work requirements of sections 5107.40 to 5107.69 of the Revised Code for not more than twelve
months. While exempt, the minor head of household or adult
shall be disregarded in determining whether the county
department is meeting the requirement of section 5107.44 of the Revised Code. The county department
shall assign the exempt minor head of household or adult to at
least one developmental activity for a number of hours a week
the county department determines. The county department may
assign the exempt minor head of household or adult to one or
more work activities, in addition to developmental activities,
for a number of hours the county department determines.
Division (B) of section 5107.43
of the Revised Code does not apply to the
exempt minor head of household or adult.
(D) A county department may reassign a minor head of household
or adult when the county department determines reassignment will
aid the assistance group in achieving self sufficiency and
personal responsibility and shall make reassignments when
circumstances requiring reassignment occur, including when a
temporary barrier to participating in a work activity is
eliminated.
A county department shall include assignments in the
self-sufficiency contract entered into under section 5107.14 of
the Revised Code and shall amend the
contract when a reassignment is made to include the reassignment
in the contract.
Sec. 5107.70. A county department of job and family
services, at
times it determines, may conduct assessments of
assistance
groups participating in Ohio works first to determine
whether
any members of the group are in need of other assistance
or
services provided by the county department or other private or
government entities. Assessments may include the following:
(A) Whether any member
of the assistance group has a
substance abuse problem;
(B) Whether there are
any other circumstances that may limit
an assistance group
member's employability.
At the first assessment conducted by the county department,
it shall
inquire as to whether any member of an assistance group
is the victim of
domestic violence, including child abuse. The
county department shall provide
this information to the department
of job and
family services. The
department shall maintain the
information for statistical analysis
purposes.
The county department may refer an
assistance group member to
a private or government entity that
provides assistance or
services the county department determines
the member needs. The
entity may be a public children services
agency, chapter of
alcoholics anonymous,
narcotics anonymous, or cocaine anonymous,
or any other entity the county
department considers appropriate.
Sec. 5107.71. Each county department of job and family
services
shall do all of the following in accordance with rules adopted under section 5107.05 of the Revised Code:
(A) Identify members of assistance groups
applying for and participating in Ohio works first who have been subjected to
domestic violence by utilizing the domestic violence screening process established in the rules;
(B) Refer a member who has been subjected to domestic
violence to
counseling and supportive services;
(C) Except as provided in section 5107.713 of the
Revised
Code,
maintain the confidentiality of information about a member
who has been
subjected to
domestic violence;
(D) Make a determination of whether a member who has
been
subjected to domestic violence should be issued a waiver under
section 5107.714 of the Revised Code.
Sec. 5107.711. When utilizing the domestic violence screening process established in rules adopted under section 5107.05 of the Revised Code to identify members of assistance groups applying for and participating in Ohio works first who have been subjected to domestic violence, a county department of job and family services shall do both of the following:
(A) Where available, rely on records from any of the following:
(1) Police, courts, and other governmental entities;
(2) Shelters and legal, religious, medical, and other professionals from whom an assistance group member sought assistance in dealing with domestic violence;
(3) Other persons with knowledge of the domestic violence.
(B) Rely on an assistance group member's allegation of domestic violence unless the county department has an independent, reasonable basis to find the allegation not credible.
Sec. 5107.712. A member of an assistance group applying for or participating in Ohio works first who is referred to counseling or supportive services pursuant to division (B) of section 5107.71 of the Revised Code may decline the counseling, supportive services, or both.
Sec. 5107.713. When a county department of job and family
services identifies a member of an assistance group applying for or participating
in
Ohio works first who has been subjected to domestic
violence,
the county department shall provide information about the member
to
the
department of job and family services. The
department
shall maintain the information for federal reporting and statistical analysis
purposes only.
Sec. 5107.714. A county department of job and family
services shall
issue a member of an assistance group participating
in Ohio works
first a waiver that exempts the member from a
requirement of the
Ohio works first program if the county
department determines that
the member has been subjected to
domestic violence and requiring compliance
with the requirement
would make it more difficult for the member to escape domestic
violence or unfairly penalize the member. A waiver shall specify
the particular requirement being waived. A waiver may not exempt the member from the time limit on participating in the Ohio works first program established by division (B) of section 5107.18 of the Revised Code. A waiver shall be
effective for a period of time the county department determines
necessary. The county department shall redetermine the member's
need for the waiver not less often than a period of time specified in rules adopted under section 5107.05 of the Revised Code.
Sec. 5107.715. A county department of job and family services that refuses to issue a waiver under section 5107.714 of the Revised Code for a member of an assistance group participating in Ohio works first shall provide the member a written explanation for the refusal. The written explanation shall be provided to the member in a manner protecting the member's confidentiality. The member may appeal the refusal pursuant to section 5101.35 of the Revised Code.
Sec. 5107.716. A member of an assistance group participating in Ohio works first may decline a waiver that would otherwise be issued under section 5107.714 of the Revised Code and may terminate at any time a waiver that has been issued under that section.
Sec. 5107.717. The department of job and family services shall monitor county departments of job and family services' implementation of sections 5107.71 to 5107.716 of the Revised Code to ensure that the county departments comply with those sections.
Sec. 5111.01. As used in this chapter,
"medical assistance
program" or
"medicaid" means the program that
is authorized by
this
chapter and provided by
the department
of
job and
family
services under this chapter, Title XIX of
the
"Social
Security
Act,"
79 Stat.
286 (1965), 42 U.S.C.A.
1396,
as
amended, and
the waivers of
Title
XIX requirements
granted to
the
department by
the health care financing
administration centers for medicare and medicaid services of the
United
States
department of health and
human
services.
The department of job and family services shall act as the
single state agency to supervise the administration of the
medicaid program. As the single state agency, the department
shall comply with 42 C.F.R. 431.10(e). The department's rules
governing medicaid are binding on other agencies that administer
components of the medicaid program. No agency may establish, by
rule or otherwise, a policy governing medicaid that is
inconsistent with a medicaid policy established, in rule or
otherwise, by the director of job and family services.
(A) The Subject to an executive order issued under section 5111.0120 of the Revised Code, the department of job and family services may provide
medical
assistance under the medicaid program as long as
federal
funds are provided for such assistance, to the following:
(1)
Families with children that meet either of the following
conditions:
(a) The family meets the income, resource, and
family
composition requirements in effect on
July 16, 1996, for the
former
aid to dependent children program as those requirements
were
established by Chapter 5107. of
the Revised
Code, federal
waivers granted
pursuant to requests made under former section
5101.09 of the
Revised
Code, and rules adopted by the
department
or any changes the department makes to those requirements in
accordance with paragraph (a)(2) of section 114 of the
"Personal
Responsibility and Work
Opportunity Reconciliation Act of 1996,"
110
Stat. 2177, 42 U.S.C.A.
1396u-1, for the purpose of
implementing section 5111.019
of the Revised Code. An adult loses
eligibility for
medical assistance medicaid
under division
(A)(1)(a)
of
this section pursuant to division
(E)(D) of section 5107.16 of
the
Revised
Code.
(b) The family does not meet the requirements
specified in
division
(A)(1)(a)
of this section but is
eligible for medical
assistance medicaid pursuant to section 5101.18 of the Revised
Code.
(2) Aged, blind, and disabled persons who meet the
following
conditions:
(a) Receive federal aid under Title XVI of the
"Social
Security Act," or are eligible for but are not receiving such
aid,
provided that the income from all other sources for
individuals
with independent living arrangements shall not exceed
one hundred
seventy-five dollars per month. The income standards
hereby
established shall be adjusted annually at the rate that is
used by
the United States department of health
and human services to
adjust the
amounts payable under Title XVI.
(b) Do not receive aid under Title XVI, but meet any of the
following
criteria:
(i) Would be eligible to receive such aid, except that
their
income, other than that excluded from consideration as
income
under Title XVI, exceeds the maximum under division
(A)(2)(a) of
this section, and incurred expenses for medical
care, as
determined under federal regulations applicable to
section 209(b)
of the
"Social Security Amendments of 1972," 86
Stat. 1381, 42
U.S.C.A. 1396a(f), as amended, equal or exceed the
amount by which
their income exceeds the maximum under division
(A)(2)(a) of this
section;
(ii) Received aid for the aged, aid to the blind, or aid
for
the permanently and totally disabled prior to January 1,
1974, and
continue to meet all the same eligibility requirements;
(iii) Are eligible for medical assistance medicaid pursuant to
section
5101.18 of the Revised Code.
(3) Persons to whom federal law requires, as a condition
of
state participation in the medicaid program, that medical
assistance medicaid be provided;
(4) Persons under age twenty-one who meet the income
requirements for the
Ohio works first program established under
Chapter 5107. of
the
Revised Code but do not meet other
eligibility
requirements for the program.
The director shall
adopt rules in accordance with
Chapter
119. of the Revised Code
specifying which
Ohio works first requirements shall be waived for
the purpose of
providing
medicaid eligibility under division
(A)(4) of this section.
(B) If sufficient funds are appropriated for such purpose by the
general assembly the medicaid program, the department may provide medical assistance under the medicaid program
to
persons in groups designated by federal law
as groups to which a
state, at its option, may provide medical assistance
under the
medicaid program.
(C) The Subject to an executive order issued under section 5111.0120 of the Revised Code, the department
may expand eligibility for medical
assistance the medicaid program to include
individuals under age nineteen with family
incomes at or below
one hundred fifty per cent of the federal
poverty guidelines,
except that the eligibility expansion shall
not occur unless the
department receives the approval of the
federal government. The
department may implement the eligibility
expansion authorized
under this division on any date selected by
the department, but
not sooner than January 1,
1998.
(D) In addition to
any other authority or requirement to
adopt rules under this
chapter, the director may adopt rules in
accordance
with
section 111.15 of the Revised
Code as the director
considers necessary to establish
standards, procedures, and other
requirements regarding the
provision of medical assistance under the medicaid program. The
rules may establish
requirements to be followed in applying for
medical assistance medicaid,
making determinations of eligibility for
medical assistance medicaid, and
verifying eligibility for medical
assistance medicaid. The rules may
include special conditions as the
department determines
appropriate for making applications,
determining eligibility,
and verifying eligibility for any medical
assistance that the
department may provide under the medicaid program pursuant to division
(C) of this section and section 5111.014 or 5111.019 of the
Revised Code.
Sec. 5111.011. (A) The director of
job and family services shall
adopt rules establishing eligibility requirements for the medicaid program. The rules shall be adopted pursuant to section 111.15 of the Revised Code and shall be consistent with federal and state law and any executive order issued under section 5111.0120 of the Revised Code. The rules shall include rules that do all of the following:
(1) Establish standards
consistent with federal law for allocating income and resources
as income and resources of the spouse, children, parents, or
stepparents of a recipient of or applicant for medicaid;
(2) Define the term "resources" as used in division (A)(1) of this section;
(3) Specify the number of months that is to be used for the purpose of the term "look-back date" used in section 5111.0116 of the Revised Code;
(4) Establish processes to be used to determine both of the following:
(a) The date an institutionalized individual's ineligibility for services under section 5111.0116 of the Revised Code is to begin;
(b) The number of months an institutionalized individual's ineligibility for such services is to continue.
(5) Establish exceptions to the period of ineligibility that an institutionalized individual would otherwise be subject to under section 5111.0116 of the Revised Code;
(6) Define the term "other medicaid-funded long-term care services" as used in sections 5111.0117 and 5111.0118 of the Revised Code;
(7) For the purpose of division (C)(2)(c) of section 5111.0117 of the Revised Code, establish the process to determine whether the child of an aged, blind, or disabled individual is financially dependent on the individual for housing.
(B) Notwithstanding any provision of state law,
including statutes, administrative rules, common law, and court
rules, regarding real or personal property or domestic relations,
the standards established under rules adopted under division (A)(1) of this section shall be used to
determine eligibility for medicaid.
Sec. 5111.013. (A) The provision of medical assistance to
pregnant women and young children who are eligible for medical
assistance under division (A)(3) of section 5111.01 of the
Revised Code, but who are not otherwise eligible for medical
assistance under that section, shall be known as the healthy
start program.
(B) The department of job and family services shall do all of the
following with regard to the application procedures for the
healthy start program:
(1) Establish a short application form for the program that requires the
applicant to provide no more
information than is necessary for making determinations of
eligibility for the healthy start
program, except that the form may require applicants to provide
their social security numbers. The form shall include a
statement, which must be signed by the applicant, indicating that
she does not choose at the time of making application for the
program to apply for assistance provided under any other program
administered by the department and that she understands that she
is permitted at any other time to apply at the county department of
job and family services of the county in which she resides
for any
other assistance administered by the department.
(2) To the extent permitted by federal law, do one or both
of the following:
(a) Distribute, consistent with section 5111.019 of the Revised Code, the application form for the program to
each public or private entity that serves as a women, infants,
and children clinic or as a child and family health clinic and to
each administrative body for such clinics and train employees of
each such agency or entity to provide applicants assistance in
completing the form;
(b) In cooperation with the department of health, develop
arrangements under which employees of county departments of
job and family services
are stationed at public or private agencies or entities
selected by the department of job and family services that
serve as women,
infants, and children clinics; child and family health clinics;
or administrative bodies for such clinics for the purpose both of
assisting applicants for the program in completing the
application form and of making determinations at that location of
eligibility for the program.
(3) Establish performance standards by which a county department of
job and family services' level of enrollment of persons
potentially eligible for the program
can be measured, and
establish acceptable levels of enrollment for each county department.
(4) Direct any county department of job and family
services
whose
rate of enrollment of potentially eligible enrollees in
the
program is below acceptable levels established under division
(B)(3) of this section to implement corrective action. Corrective action may
include but is not limited to any one or more of the following to
the extent permitted by federal law:
(a) Establishing formal referral and outreach methods with
local health departments and local entities receiving funding
through the bureau of maternal and child health;
(b) Designating a specialized intake unit within the
county department
for healthy start applicants;
(c) Establishing abbreviated timeliness requirements to
shorten the time between receipt of an application and the
scheduling of an initial application interview;
(d) Establishing a system for telephone scheduling of
intake interviews for applicants;
(e) Establishing procedures to minimize the time an
applicant must spend in completing the application and
eligibility determination process, including permitting
applicants to complete the process at times other than the
regular business hours of the county department
and at locations other than the offices of the county
department.
(C) To the extent permitted by federal law, local funds,
whether from public or private sources, expended by a county
department
for administration of the healthy start program shall be considered to
have
been
expended by the state for the purpose of determining the extent
to which the state has complied with any federal requirement that
the state provide funds to match federal funds for medical
assistance, except that this division shall not affect the amount
of funds the county is entitled to
receive under section 5101.16, 5101.161, or
5111.012 of the Revised
Code.
(D) The director of job and family services shall do one or both of
the following:
(1) To the extent that federal funds are provided for such
assistance, adopt a plan for granting presumptive eligibility for
pregnant women applying for healthy start;
(2) To the extent permitted by federal medicaid
regulations, adopt a plan for making same-day determinations of
eligibility for pregnant women applying for healthy start.
(E) A county department of job and family services
that maintains offices at more
than one location shall accept applications for the healthy start program
at all of those locations.
(F) The director of job and family services shall adopt
rules in
accordance with section 111.15 of the Revised Code as necessary
to implement this section.
Sec. 5111.014. (A) The director of job and family
services shall submit
to the United States secretary of health and human services
an amendment to the state medicaid plan to make an individual who meets all
of the following requirements eligible for medicaid:
(1) The individual is pregnant;
(2) The Subject to an executive order issued under section 5111.0120 of the Revised Code, the individual's family income does not exceed one two hundred fifty per
cent of the federal poverty guidelines;
(3) The individual satisfies all relevant requirements established by
rules adopted under division (D) of section 5111.01 of the Revised Code.
(B) If approved by the United States secretary
of health and human services, the director of job and
family services shall implement
the medicaid plan amendment submitted under division (A) of this
section as soon as possible after receipt of notice of the approval, but not
sooner than January 1, 2000 2008.
Sec. 5111.016. (A) As used in this section, "healthcheck" has
the same meaning as in section 3313.714 of the Revised Code.
(B) In accordance with federal law and regulations, the The
department of job and family services shall establish adopt rules in accordance with Chapter 119. of the Revised Code establishing a
combination of
written and oral methods designed to provide information about
healthcheck to all persons eligible for the program or their
parents or guardians. The department shall ensure that its
methods of providing information are effective. The methods shall comply with federal law and regulations.
Each county department of job and family services or other
entity
that distributes or accepts applications for medical assistance
shall prominently display in a conspicuous place the following
notice:
"Under state and federal law, if you are a Medicaid
recipient, your child is entitled to a thorough medical
examination provided through Healthcheck. Once this examination
is completed, your child is entitled to receive, at no cost to
you, any service determined to be medically necessary." that complies with the rules adopted under this division.
Sec. 5111.017. (A) To the extent permitted by federal law, and beginning July 1, 2009, county departments of job and family services that accept documents related to applications for the medicaid program shall convert such documents to an electronic format and store them electronically.
(B) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code, as necessary, to implement this section. At a minimum, the director shall adopt rules to address both of the following:
(1) The manner in which the copies of the documents that are not electronic copies must be disposed of. The manner specified must not compromise the confidentiality of the information contained in the documents.
(2) The measures county departments must take to maintain the confidentiality of the information contained in the documents that are stored electronically.
(C) Not later than the thirtieth day of June each year, each county department shall calculate the total expenses the county incurred in the state fiscal year ending in the previous calendar year to comply with the requirements in this section.
Sec. 5111.019. (A) The director of job and family
services
shall submit
to the United States secretary of health and human
services
an
amendment to the state medicaid plan to make an
individual eligible for medicaid who meets all of
the following requirements eligible
for medicaid for the
amount of time provided by division (B) of
this section:
(1)(A) The individual is the parent of a child under nineteen
years
of age and resides with the child;
(2) The (B) Subject to an executive order issued under section 5111.0120 of the Revised Code, the individual's family income does not exceed
ninety per cent of the federal poverty guidelines;
(3)(C) The individual is not otherwise eligible for medicaid;
(4)(D) The individual satisfies all relevant requirements
established by rules adopted under division (D) of section 5111.01
of the Revised Code.
(B) An individual is eligible to receive medicaid under this
section for a period that does not exceed two years beginning on
the date
on which eligibility is established.
Sec. 5111.0111.
(A) The director of job and family
services
may shall
submit
to the United States secretary of health and human
services
an amendment to the state medicaid plan to implement 42 U.S.C. 1396a (a)(10)(A)(ii)(XVII) to make an
individual
receiving who meets all of the following requirements eligible for medicaid:
(1) The individual is under twenty-one years of age;
(2) The individual was in foster care under the responsibility of the state on the individual's eighteenth birthday;
(3) Foster care maintenance payments or independent living services pursuant to
sections 2151.81
to 2151.84 of the Revised Code eligible for
medicaid were furnished under a program funded under Title IV-E of the Social Security Act of 1935 on the individual's behalf before the individual attained eighteen years of age;
(4) The individual meets all other applicable eligibility requirements established in rules adopted under section 5111.011 of the Revised Code. If
(B) If approved
by the United States secretary
of health and
human services, the
director of job and
family services shall
implement
the medicaid
plan amendment submitted under this
section beginning January 1, 2008.
Sec. 5111.0112. (A) Not later than July 1, 2006, the The director of job and family services
shall
institute a copayment cost-sharing program under the medicaid program. To the extent permitted by federal law, the copayment In instituting the cost-sharing program, the director shall comply with federal law. The cost-sharing program shall establish a copayment requirement for only at least dental services, vision services, nonemergency emergency department services, and prescription drugs, other than generic drugs. The cost-sharing program shall establish requirements regarding premiums, enrollment fees, deductions, and similar charges. The
director shall adopt rules under section 5111.02 of the
Revised Code governing the
copayment program.
(B) The copayment cost-sharing program shall, to the extent permitted by federal law, provide for all of the following with regard to any providers participating in the medicaid program:
(1) No provider shall refuse to provide a service to a medicaid recipient who is unable to pay a required copayment for the service.
(2) Division (B)(1) of this section shall not be considered to do either of the following with regard to a medicaid recipient who is unable to pay a required copayment:
(a) Relieve the medicaid recipient from the obligation to pay a copayment;
(b) Prohibit the provider from attempting to collect an unpaid copayment.
(3) Except as provided in division (C) of this section, no provider shall waive a medicaid recipient's obligation to pay the provider a copayment.
(4) No provider or drug manufacturer, including the manufacturer's representative, employee, independent contractor, or agent, shall pay any copayment on behalf of a medicaid recipient.
(5) If it is the routine business practice of the provider to refuse service to any individual who owes an outstanding debt to the provider, the provider may consider an unpaid copayment imposed by the copayment cost-sharing program as an outstanding debt and may refuse service to a medicaid recipient who owes the provider an outstanding debt. If the provider intends to refuse service to a medicaid recipient who owes the provider an outstanding debt, the provider shall notify the individual of the provider's intent to refuse services.
(C) In the case of a provider that is a hospital, the copayment cost-sharing program shall permit the hospital to take action to collect a copayment by providing, at the time services are rendered to a medicaid recipient, notice that a copayment may be owed. If the hospital provides the notice and chooses not to take any further action to pursue collection of the copayment, the prohibition against waiving copayments specified in division (B)(3) of this section does not apply.
(D) The department of job and family services may work with a state agency that is administering, pursuant to a contract entered into under section 5111.91 of the Revised Code, one or more components of the medicaid program or one or more aspects of a component as necessary for the state agency to apply the cost-sharing program to the components or aspects of the medicaid program that the state agency administers.
Sec. 5111.0120. The governor may issue an executive order lowering, but not increasing, the income eligibility limit for one or more components of the medicaid program. The governor may not lower the income eligibility limit for a component below an amount permitted by federal law. If the governor issues such an executive order for a medicaid component, the income eligibility for the component may not be restored to its previous level except by act of the general assembly.
Sec. 5111.0121. To the extent permitted by federal law, and beginning July 1, 2009, applications for the medicaid program shall be submitted through the internet or by other electronic means.
The director of job and family services shall adopt rules under Chapter 119. of the Revised Code, as necessary, to implement this section. At a minimum, the director must adopt rules that specify measures county departments of job and family services must take to ensure that the applications can be transmitted and received in a manner that maintains the confidentiality of information contained in them.
Sec. 5111.023. (A) As used in this section:
(1) "Community mental health facility" means a community mental health facility that has a quality assurance program accredited by the joint commission on accreditation of healthcare organizations or is certified by the department of mental health or department of job and family services.
(2) "Mental health professional" means a person qualified to work with mentally ill persons under the standards established by the director of mental health pursuant to section 5119.611 of the Revised Code.
(B) The state medicaid plan shall include provision of the
following mental health services when provided by community mental health facilities:
(1) Outpatient mental health services, including, but not
limited to, preventive, diagnostic, therapeutic, rehabilitative,
and palliative interventions rendered to individuals in an
individual or group setting by a mental health professional in
accordance with a plan of treatment appropriately established,
monitored, and reviewed;
(2) Partial-hospitalization mental health services of
three
to fourteen hours per service day, rendered by persons
directly
supervised by a mental health professional;
(3) Unscheduled, emergency mental health services of a
kind
ordinarily provided to persons in crisis when rendered by
persons
supervised by a mental health professional;
(4) Subject to receipt of federal approval, assertive community treatment and intensive home-based mental health services.
(C) The comprehensive annual plan shall certify the
availability of sufficient unencumbered community mental health
state subsidy and local funds to match federal medicaid reimbursement
funds earned by community mental health facilities.
(D) The department of job and family services
shall
enter
into a separate contract with the department of mental
health under section 5111.91 of the Revised Code with regard to the component of the medicaid program provided for by this section.
(E) Not later than July 21, 2006, the department of job and family services shall request federal approval to provide assertive community treatment and intensive home-based mental health services under medicaid pursuant to this section.
(F) On receipt of federal approval sought under division (E) of this section, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code for assertive community treatment and intensive home-based mental health services provided under medicaid pursuant to this section. The director shall consult with the department of mental health in adopting the rules.
Sec. 5111.028. (A) Pursuant to section 5111.02 of the Revised Code, the director of job and family services shall adopt rules establishing the use of time-limited provider agreements under the medicaid program. Under the rules, each provider agreement shall expire three years from the effective date of the agreement.
(B) The rules for
use of time-limited provider agreements shall include a process for re-enrollment of providers. All of the following apply to the re-enrollment process:
(1) The department may terminate a time-limited provider agreement or deny re-enrollment when a provider fails to file an application for re-enrollment within the time and in the manner required under the re-enrollment process.
(2) If a provider files an application for re-enrollment within the time and in the manner required under the re-enrollment process, but the provider agreement expires before the department acts on the application or before the effective date of the department's decision on the application, the provider may continue operating under the terms of the expired provider agreement until the effective date of the department's decision.
(3) A decision by the department to approve an application for re-enrollment becomes effective on the date of the department's decision. A decision by the department to deny re-enrollment shall take effect not sooner than thirty days after the date the department mails written notice of the decision to the provider. The department shall specify in the notice the date on which the provider is required to cease operating under the provider agreement.
(C) Pursuant to section 5111.06 of the Revised Code, the department is not required to take the actions specified in division (B)(1) of this section by issuing an order pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.029. The medicaid program shall cover occupational therapy services provided by an occupational therapist licensed under section 4755.08 of the Revised Code. Coverage shall not be limited to services provided in a hospital or nursing facility. Any licensed occupational therapist may enter into a medicaid provider agreement with the department of job and family services to provide occupational therapy services under the medicaid program.
Sec. 5111.03. (A) No provider of services or goods
contracting with the department of job and family services
pursuant to the
medicaid program shall, by deception, obtain or attempt to obtain
payments under this chapter to which the provider is not entitled
pursuant to the provider agreement, or the rules of the federal
government or the department of job and family
services relating to
the program. No provider shall willfully receive payments to
which the provider is not entitled, or willfully receive payments
in a greater amount than that to which the provider is entitled;
nor shall any provider falsify any report or document required by
state or federal law, rule, or provider agreement relating to
medicaid payments. As used in this section, a provider engages
in "deception" when the provider, acting with actual knowledge of
the representation or information involved, acting in deliberate
ignorance of the truth or falsity of the representation or
information involved, or acting in reckless disregard of the
truth or falsity of the representation or information involved,
deceives another or causes another to be deceived by any false or
misleading representation, by withholding information, by
preventing another from acquiring information, or by any other
conduct, act, or omission that creates, confirms, or perpetuates
a false impression in another, including a false impression as to
law, value, state of mind, or other objective or subjective fact.
No proof of specific intent to defraud is required to show, for
purposes of this section, that a provider has engaged in
deception.
(B) Any provider who violates division (A) of this section
shall be liable, in addition to any other penalties provided by
law, for all of the following civil penalties:
(1) Payment of interest on the amount of the excess
payments at the maximum interest rate allowable for real estate
mortgages under section 1343.01 of the Revised Code on the date
the payment was made to the provider for the period from the date
upon which payment was made, to the date upon which repayment is
made to the state;
(2) Payment of an amount equal to three times the amount
of any excess payments;
(3) Payment of a sum of not less than five thousand
dollars and not more than ten thousand dollars for each deceptive
claim or falsification;
(4) All reasonable expenses which the court determines
have been necessarily incurred by the state in the enforcement of
this section.
(C) As used in this division, "intermediate care facility for the mentally retarded" and "nursing facility" have the same meanings given in section 5111.20 of the Revised Code.
In addition to the civil penalties provided in
division (B) of this section, the director of job and family services,
upon the conviction of, or the entry of a judgment in either a
criminal or civil action against, a medicaid provider or its
owner, officer, authorized agent, associate, manager, or employee
in an action brought pursuant to section 109.85 of the Revised
Code, shall terminate the provider agreement between the
department and the provider and stop reimbursement to the
provider for services rendered for a period of up to five years
from the date of conviction or entry of judgment. As used in
this chapter division, "owner" means any person having at least five per
cent ownership in the medicaid provider. No such provider,
owner, officer, authorized agent, associate, manager, or employee
shall own or provide services to any other medicaid provider or
risk contractor or arrange for, render, or order services for
medicaid recipients during the period of termination as provided
in division (C) of this section, nor, during the period of
termination as provided in division (C) of this section, shall
such provider, owner, officer, authorized agent, associate, manager, or
employee receive reimbursement in the form of direct payments from the
department or indirect payments of medicaid funds in the form of
salary, shared fees, contracts, kickbacks, or rebates from or
through any participating provider or risk contractor. The
provider agreement shall not be terminated or reimbursement
terminated if the provider or owner can demonstrate that the
provider or owner did not directly or indirectly sanction the
action of its authorized agent, associate, manager, or employee
that resulted in the conviction or entry of a judgment in a
criminal or civil action brought pursuant to section 109.85 of
the Revised Code. Nothing in this division prohibits any owner,
officer, authorized agent, associate, manager, or employee of a
medicaid provider from entering into a medicaid provider
agreement if the person can demonstrate that the
person had no knowledge of an action of the medicaid provider
the person was formerly associated with that resulted in the conviction
or entry of a judgment in a criminal or civil action brought pursuant to
section 109.85 of the Revised Code.
Nursing facility or intermediate care facility for the mentally retarded providers whose agreements are terminated pursuant to this
section may continue to receive reimbursement for up to thirty
days after the effective date of the termination if the provider
makes reasonable efforts to transfer recipients to another
facility or to alternate care and if federal funds are provided
for such reimbursement.
(D) For any reason permitted or required by federal law, the director of job and family services may deny a provider agreement or terminate a provider agreement.
For any reason permitted or required by federal law, the director may exclude an individual, provider of services or goods, or other entity from participation in the medicaid program. No individual, provider, or entity excluded under this division shall own or provide services to any other medicaid provider or risk contractor or arrange for, render, or order services for medicaid recipients during the period of exclusion, nor, during the period of exclusion, shall such individual, provider, or entity receive reimbursement in the form of direct payments from the department or indirect payments of medicaid funds in the form of salary, shared fees, contracts, kickbacks, or rebates from or through any participating provider or risk contractor. An excluded individual, provider, or entity may request a reconsideration of the exclusion. The director shall adopt rules in accordance with Chapter 119. of the Revised Code governing the process for requesting a reconsideration.
Nothing in this division limits the applicability of section 5111.06 of the Revised Code to a medicaid provider.
(E) Any provider of services or goods contracting with the
department of job and family services pursuant to Title XIX of the
"Social
Security Act," who, without intent, obtains payments under this
chapter in excess of the amount to which the provider is
entitled, thereby becomes liable for payment of interest on the
amount of the excess payments at the maximum real estate mortgage
rate on the date the payment was made to the provider for the
period from the date upon which payment was made to the date upon
which repayment is made to the state.
(E)(F) The attorney general on behalf of the state may
commence proceedings to enforce this section in any court of
competent jurisdiction; and the attorney general may settle or
compromise any case brought under this section with the approval
of the department of job and family services. Notwithstanding any other
provision of law providing a shorter period of limitations, the
attorney general may commence a proceeding to enforce this
section at any time within six years after the conduct in
violation of this section terminates.
(F)(G) The authority, under state and federal law, of the
department of job and family services or a county
department of job and family services to recover excess
payments made to a provider is not
limited by the availability of remedies under sections 5111.11
and 5111.12 of the Revised Code for recovering benefits paid on
behalf of recipients of medical assistance.
The penalties under this chapter apply to any overpayment,
billing, or falsification occurring on and after April 24, 1978.
All moneys collected by the state pursuant to this section shall
be deposited in the state treasury to the credit of the general
revenue fund.
Sec. 5111.031. (A) As used in this section:
(1) "Independent provider" has the same meaning as in section 5111.034 of the Revised Code.
(2) "Intermediate care facility for the mentally retarded" and "nursing facility" have the same meanings as in section 5111.20 of the Revised Code.
(3) "Noninstitutional medicaid provider" means any person or entity with a medicaid provider agreement other than a hospital, nursing facility, or intermediate care facility for the mentally retarded.
(4) "Owner" means any person having at least five per cent ownership in a noninstitutional medicaid provider.
(B) Notwithstanding any provision of this chapter to the contrary, the department of job and family services shall take action under this section against a noninstitutional medicaid provider or its owner, officer, authorized agent, associate, manager, or employee.
(C) Except as provided in division (D) of this section and in rules adopted by the department under division (H) of this section, on receiving notice and a copy of an indictment that is issued on or after the effective date of this section and charges a noninstitutional medicaid provider or its owner, officer, authorized agent, associate, manager, or employee with committing an offense specified in division (E) of this section, the department shall suspend the provider agreement held by the noninstitutional medicaid provider. Subject to division (D) of this section, the department shall also terminate medicaid reimbursement to the provider for services rendered.
The suspension shall continue in effect until the proceedings in the criminal case are completed through conviction, dismissal of the indictment, plea, or finding of not guilty. If the department commences a process to terminate the suspended provider agreement, the suspension shall continue in effect until the termination process is concluded. Pursuant to section 5111.06 of the Revised Code, the department is not required to take action under this division by issuing an order pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code.
When subject to a suspension under this division, a provider, owner, officer, authorized agent, associate, manager, or employee shall not own or provide services to any other medicaid provider or risk contractor or arrange for, render, or order services for medicaid recipients during the period of suspension. During the period of suspension, the provider, owner, officer, authorized agent, associate, manager, or employee shall not receive reimbursement in the form of direct payments from the department or indirect payments of medicaid funds in the form of salary, shared fees, contracts, kickbacks, or rebates from or through any participating provider or risk contractor.
(D)(1) The department shall not suspend a provider agreement or terminate medicaid reimbursement under division (C) of this section if the provider or owner can demonstrate that the provider or owner did not directly or indirectly sanction the action of its authorized agent, associate, manager, or employee that resulted in the indictment.
(2) The termination of medicaid reimbursement applies only to payments for medicaid services rendered subsequent to the date on which the notice required under division (F) of this section is sent. Claims for reimbursement for medicaid services rendered by the provider prior to the issuance of the notice may be subject to prepayment review procedures whereby the department reviews claims to determine whether they are supported by sufficient documentation, are in compliance with state and federal statutes and rules, and are otherwise complete.
(E)(1) In the case of a noninstitutional medicaid provider that is not an independent provider, the suspension of a provider agreement under division (C) of this section applies when an indictment charges a person with committing an act that would be a felony or misdemeanor under the laws of this state and the act relates to or results from either of the following:
(a) Furnishing or billing for medical care, services, or supplies under the medicaid program;
(b) Participating in the performance of management or administrative services relating to furnishing medical care, services, or supplies under the medicaid program.
(2) In the case of a noninstitutional medicaid provider that is an independent provider, the suspension of a provider agreement under division (C) of this section applies when an indictment charges a person with committing an act that would constitute one of the offenses specified in division (D) of section 5111.034 of the Revised Code.
(F) Not later than five days after suspending a provider agreement under division (C) of this section, the department shall send notice of the suspension to the affected provider or owner. In providing the notice, the department shall do all of the following:
(1) Describe the indictment that was the cause of the suspension, without necessarily disclosing specific information concerning any ongoing civil or criminal investigation;
(2) State that the suspension will continue in effect until the proceedings in the criminal case are completed through conviction, dismissal of the indictment, plea, or finding of not guilty and, if the department commences a process to terminate the suspended provider agreement, until the termination process is concluded;
(3) Inform the provider or owner of the opportunity to submit to the department, not later than thirty days after receiving the notice, a request for a reconsideration pursuant to division (G) of this section.
(G)(1) A noninstitutional medicaid provider or owner subject to a suspension under this section may request a reconsideration. The request shall be made not later than thirty days after receipt of the notice provided under division (F) of this section. The reconsideration is not subject to an adjudication hearing pursuant to Chapter 119. of the Revised Code.
(2) In requesting a reconsideration, the provider or owner shall submit written information and documents to the department. The information and documents may pertain to any of the following issues:
(a) Whether the determination to suspend the provider agreement was based on a mistake of fact, other than the validity of the indictment;
(b) Whether any offense charged in the indictment resulted from an offense specified in division (E) of this section;
(c) Whether the provider or owner can demonstrate that the provider or owner did not directly or indirectly sanction the action of its authorized agent, associate, manager, or employee that resulted in the indictment.
(3) The department shall review the information and documents submitted in a request for reconsideration. After the review, the suspension may be affirmed, reversed, or modified, in whole or in part. The department shall notify the affected provider or owner of the results of the review. The review and notification of its results shall be completed not later than forty-five days after receiving the information and documents submitted in a request for reconsideration.
(H) The department may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules may specify circumstances under which the department would not suspend a provider agreement pursuant to this section.
Sec. 5111.032. (A) As used in this section:
(1) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(2) "Department" includes a designee of the department of job and family services.
(3) "Owner" means a person who has an ownership interest in a provider in an amount designated by the department of job and family services in rules adopted under this section.
(4) "Provider" means a person, institution, or entity that has a provider agreement with the department of job and family services pursuant to Title XIX of the "Social Security Act," 49 State. 620 (1965), 42 U.S.C. 1396, as amended.
(B)(1) Except as provided in division (B)(2) of this section, the department of job and family services may require that any provider, applicant to be a provider, employee or prospective employee of a provider, owner or prospective owner of a provider, officer or prospective officer of a provider, or board member or prospective board member of a provider submit to a criminal records check as a condition of obtaining a provider agreement, continuing to hold a provider agreement, being employed by a provider, having an ownership interest in a provider, or being an officer or board member of a provider. The department may designate the categories of persons who are subject to the criminal records check requirement. The department shall designate the times at which the criminal records checks must be conducted.
(2) The section does not apply to providers, applicants to be providers, employees of a provider, or prospective employees of a provider who are subject to criminal records checks under section 5111.033 or 5111.034 of the Revised Code.
(C)(1) The department shall inform each provider or applicant to be a provider whether the provider or applicant is subject to a criminal records check requirement under division (B) of this section. For providers, the information shall be given at times designated in rules adopted under this section. For applicants to be providers, the information shall be given at the time of initial application. When the information is given, the department shall specify which of the provider's or applicant's employees or prospective employees, owners or prospective owners, officers or prospective officers, or board members or prospective board members are subject to the criminal records check requirement.
(2) At times designated in rules adopted under this section, a provider that is subject to the criminal records check requirement shall inform each person specified by the department under division (C)(1) of this section that the person is required, as applicable, to submit to a criminal records check for final consideration for employment in a full-time, part-time, or temporary position; as a condition of continued employment; or as a condition of becoming or continuing to be an officer, board member or owner of a provider.
(D)(1) If a provider or applicant to be a provider is subject to a criminal records check under this section, the department shall require the conduct of a criminal records check by the superintendent of the bureau of criminal identification and investigation. If a provider or applicant to be a provider for whom a criminal records check is required does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the individual from the federal bureau of investigation in a criminal records check, the department shall require the provider or applicant to request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the provider or applicant. Even if a provider or applicant for whom a criminal records check request is required presents proof of having been a resident of this state for the five-year period, the department may require that the provider or applicant request that the superintendent obtain information from the federal bureau of investigation and include it in the criminal records check of the provider or applicant.
(2) A provider shall require the conduct of a criminal records check by the superintendent with respect to each of the persons specified by the department under division (C)(1) of this section. If the person for whom a criminal records check is required does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the individual from the federal bureau of investigation in a criminal records check, the individual shall request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the individual. Even if an individual for whom a criminal records check request is required presents proof of having been a resident of this state for the five-year period, the department may require the provider to request that the superintendent obtain information from the federal bureau of investigation and include it in the criminal records check of the person.
(E)(1) Criminal records checks required under this section for providers or applicants to be providers shall be obtained as follows:
(a) The department shall provide each provider or applicant information about accessing and completing the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and the standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section.
(b) The provider or applicant shall submit the required form and one complete set of fingerprint impressions directly to the superintendent for purposes of conducting the criminal records check using the applicable methods prescribed by division (C) of section 109.572 of the Revised Code. The applicant or provider shall pay all fees associated with obtaining the criminal records check.
(c) The superintendent shall conduct the criminal records check in accordance with section 109.572 of the Revised Code. The provider or applicant shall instruct the superintendent to submit the report of the criminal records check directly to the director of job and family services.
(2) Criminal records checks required under this section for persons specified by the department under division (C)(1) of this section shall be obtained as follows:
(a) The provider shall give to each person subject to criminal records check requirement information about accessing and completing the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and the standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section.
(b) The person shall submit the required form and one complete set of fingerprint impressions directly to the superintendent for purposes of conducting the criminal records check using the applicable methods prescribed by division (C) of section 109.572 of the Revised Code. The person shall pay all fees associated with obtaining the criminal records check.
(c) The superintendent shall conduct the criminal records check in accordance with section 109.572 of the Revised Code. The person subject to the criminal records check shall instruct the superintendent to submit the report of the criminal records check directly to the provider. The department may require the provider to submit the report to the department.
(F) If a provider or applicant to be a provider is given the information specified in division (E)(1)(a) of this section but fails to obtain a criminal records check, the department shall, as applicable, terminate the provider agreement or deny the application to be a provider.
If a person is given the information specified in division (E)(2)(a) of this section but fails to obtain a criminal records check, the provider shall not, as applicable, permit the person to be an employee, owner, officer, or board member of the provider.
(G) Except as provided in rules adopted under division (J) of this section, the department shall terminate the provider agreement of a provider or the department shall not issue a provider agreement to an applicant if the provider or applicant is subject to a criminal records check under this section and the provider or applicant has been convicted of, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(2) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (D)(1) of this section.
(H)(1)(a) Except as provided in rules adopted under division (J) of this section and subject to division (H)(2) of this section, no provider shall permit a person to be an employee, owner, officer, or board member of the provider if the person is subject to a criminal records check under this section and the person has been convicted of, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the offenses specified in division (G)(1) or (2) of this section.
(b) No provider shall employ a person who has been excluded from participating in the medicaid program, the medicare program operated pursuant to Title XVIII of the "Social Security Act," or any other federal health care program.
(2)(a) A provider may employ conditionally a person for whom a criminal records check is required under this section prior to obtaining the results of a criminal records check regarding the person, but only if the person submits a request for a criminal records check not later than five business days after the individual begins conditional employment.
(b) A provider that employs a person conditionally under authority of division (H)(2)(a) of this section shall terminate the person's employment if the results of the criminal records check request are not obtained within the period ending sixty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the results indicate that the individual has been convicted of, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the offenses specified in division (G)(1) or (2) of this section, the provider shall terminate the person's employment unless the provider chooses to employ the individual pursuant to division (J) of this section.
(I) The report of a criminal records check conducted pursuant to this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The person who is the subject of the criminal records check or the person's representative;
(2) The director of job and family services and the staff of the department in the administration of the medicaid program;
(3) A court, hearing officer, or other necessary individual involved in a case dealing with the denial or termination of a provider agreement;
(4) A court, hearing officer, or other necessary individual involved in a case dealing with a person's denial of employment, termination of employment, or employment or unemployment benefits.
(J) The department may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules may specify circumstances under which the department may continue a provider agreement or issue a provider agreement to an applicant when the provider or applicant has been convicted of, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the offenses specified in division (G)(1) or (2) of this section. The rules may also specify circumstances under which a provider may permit a person to be an employee, owner, officer, or board member of the provider, when the person has been convicted of, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the offenses specified in division (G)(1) or (2) of this section.
Sec. 5111.95 5111.033. (A) As used in this section:
(1) "Applicant" means a person who is under final consideration for employment or, after the effective date of this section September 26, 2003, an existing employee with a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities. "Applicant" also means an existing employee with a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities after the effective date of this section September 26, 2003.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "Waiver agency" means a person or government entity that is not certified under the medicare program and is accredited by the community health accreditation program or the joint commission on accreditation of health care organizations or a company that provides home and community-based waiver services to persons with disabilities through department of job and family services administered home and community-based waiver programs.
(4) "Home and community-based waiver services" means services furnished under the provision of 42 C.F.R. 441, subpart G, that permit individuals to live in a home setting rather than a nursing facility or hospital. Home and community-based waiver services are approved by the centers for medicare and medicaid for specific populations and are not otherwise available under the medicaid state plan.
(B)(1) The chief administrator of a waiver agency shall require each applicant to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check with respect to each the applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall require the applicant to request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the chief administrator may require the applicant to request that the superintendent include information from the federal bureau of investigation in the criminal records check.
(2) A person required by division (B)(1) of this section to request a criminal records check The chief administrator shall do both of provide the following:
(a) Provide to each applicant for whom a criminal records check request is required under division (B)(1) of this section a copy of:
(a) Information about accessing, completing, and forwarding to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a the standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation Written notification that the applicant is to instruct the superintendent to submit the completed report of the criminal records check directly to the chief administrator.
(3) An applicant provided the form and fingerprint impression sheet under division (B)(2)(a) of this section who fails to complete the form or provide fingerprint impressions given information and notification under divisions (B)(2)(a) and (b) of this section who fails to access, complete, and forward to the superintendent the form or the standard fingerprint impression sheet, or who fails to instruct the superintendent to submit the completed report of the criminal records check directly to the chief administrator, shall not be employed in any position in a waiver agency for which a criminal records check is required by this section.
(C)(1) Except as provided in rules adopted by the department of job and family services in accordance with division (F) of this section and subject to division (C)(2) of this section, no waiver agency shall employ a person in a position that involves providing home and community-based waiver services to persons with disabilities if the person has been convicted of or, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section.
(2)(a) A waiver agency may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section prior to obtaining the results of a criminal records check regarding the individual, provided that the agency shall require the individual to request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment.
(b) A waiver agency that employs an individual conditionally under authority of division (C)(2)(a) of this section shall terminate the individual's employment if the results of the criminal records check request under division (B) of this section, other than the results of any request for information from the federal bureau of investigation, are not obtained within the period ending sixty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the results indicate that the individual has been convicted of or, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the offenses listed or described in division (C)(1) of this section, the agency shall terminate the individual's employment unless the agency chooses to employ the individual pursuant to division (F) of this section.
(D)(1) Each waiver agency shall pay to the bureau of criminal identification and investigation the The fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (B) of this section shall be paid to the bureau of criminal identification and investigation by the applicant or the waiver agency.
(2) A If a waiver agency pays the fee, it may charge an the applicant a fee not exceeding the amount the agency pays under division (D)(1) of this section. An agency may collect a fee only if the agency notifies the person at the time of initial application for employment of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment.
(E) The report of any criminal records check conducted pursuant to a request made under this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the individual's representative;
(2) The chief administrator of the agency requesting the criminal records check or the administrator's representative;
(3) An administrator at the department;
(4) A court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant.
(F) The department shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which a waiver agency may employ a person who has been convicted of or, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for an offense listed or described in division (C)(1) of this section but meets personal character standards set by the department.
(G) The chief administrator of a waiver agency shall inform each person, at the time of initial application for a position that involves providing home and community-based waiver services to a person with a disability, that the person is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the person comes under final consideration for employment.
(H)(1) A person who, on the effective date of this section September 26, 2003, is an employee of a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities shall comply with this section within sixty days after the effective date of this section September 26, 2003, unless division (H)(2) of this section applies.
(2) This section shall not apply to a person to whom all of the following apply:
(a) On the effective date of this section September 26, 2003, the person is an employee of a waiver agency in a full-time, part-time, or temporary position that involves providing home and community-based waiver services to a person with disabilities.
(b) The person previously had been the subject of a criminal background check relating to that position;
(c) The person has been continuously employed in that position since that criminal background check had been conducted.
Sec. 5111.96 5111.034. (A) As used in this section:
(1) "Anniversary date" means the later of the effective date of the provider agreement relating to the independent provider or sixty days after the effective date of this section September 26, 2003.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "The department Department" means includes a designee of the department of job and family services or its designee.
(4) "Independent provider" means a person who is submitting an application for a provider agreement or who has a provider agreement as an independent provider in a department of job and family services administered home and community-based services program providing home and community-based waiver services to consumers with disabilities.
(5) "Home and community-based waiver services" has the same meaning as in section 5111.95 5111.033 of the Revised Code.
(B)(1) The department of job and family services shall inform each independent provider, at the time of initial application for a provider agreement that involves providing home and community-based waiver services to consumers with disabilities, that the independent provider is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted if the person is to become an independent provider in a department administered home and community-based waiver program.
(2) Beginning on the effective date of this section September 26, 2003, the department shall inform each enrolled medicaid independent provider on or before time of the anniversary date of the provider agreement that involves providing home and community-based waiver services to consumers with disabilities that the independent provider is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted.
(C)(1) The department shall require the independent provider to complete a criminal records check prior to entering into a provider agreement with the independent provider and at least annually thereafter. If an independent provider for whom a criminal records check is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date the criminal records check is requested or provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the applicant independent provider from the federal bureau of investigation in a criminal records check, the department shall request that the independent provider obtain through the superintendent a criminal records request from the federal bureau of investigation as part of the criminal records check of the independent provider. Even if an independent provider for whom a criminal records check request is required under this division presents proof of having been a resident of this state for the five-year period, the department may request that the independent provider obtain information through the superintendent from the federal bureau of investigation in the criminal records check.
(2) The department shall do both of provide the following:
(a) Provide information to each independent provider for whom a criminal records check request is required under division (C)(1) of this section about requesting a copy of:
(a) Information about accessing, completing, and forwarding to the superintendent of the bureau of criminal identification and investigation the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a the standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section, and obtain the completed form and impression sheet and fee from the independent provider;
(b) Forward the completed form, impression sheet, and fee to the superintendent of the bureau of criminal identification and investigation Written notification that the independent provider is to instruct the superintendent to submit the completed report of the criminal records check directly to the department.
(3) An independent provider given information about obtaining the form and fingerprint impression sheet under division (C)(2)(a) of this section who fails to complete the form or provide fingerprint impressions and notification under divisions (C)(2)(a) and (b) of this section who fails to access, complete, and forward to the superintendent the form or the standard fingerprint impression sheet, or who fails to instruct the superintendent to submit the completed report of the criminal records check directly to the department, shall not be approved as an independent provider.
(D) Except as provided in rules adopted by the department in accordance with division (G) of this section, the department shall not issue a new provider agreement to, and shall terminate an existing provider agreement of, an independent provider if the person has been convicted of or, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, 2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(2) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (D)(1) of this section.
(E) Each independent provider shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted pursuant to a request made under division (C) of this section.
(F) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (C) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following:
(1) The person who is the subject of the criminal records check or the person's representative;
(2) The An administrator at the department who is requesting the criminal records check or the administrator's representative;
(3) Any A court, hearing officer, or other necessary individual involved in a case dealing with a denial or termination of a provider agreement related to the criminal records check.
(G) The department shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which the department may either issue a provider agreement to an independent provider who or allow an independent provider to maintain an existing provider agreement when the independent provider has been convicted of or, has pleaded guilty to, or has been found eligible for intervention in lieu of conviction for an offense listed or described in division (C)(1) of this section but meets personal character standards set by the department.
Sec. 5111.06. (A)(1) As used in this section and in sections 5111.061 and 5111.062 of the Revised Code:
(a)
"Provider" means any person, institution, or entity
that
furnishes medicaid services under a provider agreement with
the
department of job and family services pursuant to Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended.
(b)
"Party" has the same meaning as in division (G) of
section 119.01 of the Revised Code.
(c)
"Adjudication" has the same meaning as in division (D)
of section 119.01 of the Revised Code.
(2) This section does not apply to any action taken by the
department of job and family services under sections 5111.35 to
5111.62
of
the Revised Code.
(B) Except as provided in division (D) of this section and section 5111.914 of the Revised Code,
the
department shall do either of the following by issuing an
order
pursuant to an adjudication conducted in accordance with
Chapter
119. of the Revised Code:
(1) Enter into or refuse to enter into a provider
agreement
with a provider, or suspend, terminate, renew, or
refuse to renew
an existing provider agreement with a provider;
(2) Take any action based upon a final fiscal audit of a
provider.
(C) Any party who is adversely affected by the issuance of
an adjudication order under division (B) of this section may
appeal to the court of common pleas of Franklin county in
accordance with section 119.12 of the Revised Code.
(D) The department is not required to comply with division
(B)(1) of this section whenever any of the following occur:
(1) The terms of a provider agreement require the provider
to have hold a license, permit, or certificate or maintain a certification issued by an official,
board, commission, department, division, bureau, or other agency
of state or federal government other than the department of job and family
services,
and the license, permit, or certificate, or certification has been denied
or,
revoked, not renewed, suspended, or otherwise limited.
(2) The terms of a provider agreement require the provider to hold a license, permit, or certificate or maintain certification issued by an official, board, commission, department, division, bureau, or other agency of state or federal government other than the department of job and family services, and the provider has not obtained the license, permit, certificate, or certification.
(3) The provider agreement is denied, terminated, or not renewed due to the termination, refusal to renew, or denial of a license, permit, certificate, or certification by an official, board, commission, department, division, bureau, or other agency of this state other than the department of job and family services, notwithstanding the fact that the provider may hold a license, permit, certificate, or certification from an official, board, commission, department, division, bureau, or other agency of another state.
(2)(4) The provider agreement is denied, terminated, or not
renewed pursuant to division (C) or (E)(F) of section 5111.03 of the
Revised Code;
(3)(5) The provider agreement is denied, terminated, or not
renewed due to the provider's termination, suspension, or
exclusion from the medicare program established under Title XVIII
of the
"Social Security Act," and the termination, suspension, or
exclusion is binding on the provider's participation in the
medicaid program;
(4)(6) The provider agreement is denied, terminated, or not
renewed due to the provider's pleading guilty to or being
convicted of a criminal activity materially related to either the
medicare or medicaid program;
(5)(7) The provider agreement is denied, terminated, or
suspended as a result of action by the United States department
of
health and human services and that action is binding on the
provider's participation in the medicaid program;
(6)(8) The provider agreement is suspended pursuant to section 5111.031 of the Revised Code pending indictment of the provider.
(9) The provider agreement is denied, terminated, or not renewed because the provider has been convicted of one of the offenses that caused the provider agreement to be suspended pursuant to section 5111.031 of the Revised Code.
(10) The provider agreement is terminated or an application for re-enrollment is denied because the provider has failed to apply for re-enrollment within the time or in the manner specified for re-enrollment pursuant to section 5111.028 of the Revised Code.
(11) The provider agreement is terminated or not renewed because the provider has not billed or otherwise submitted a medicaid claim to the department for two years or longer, and the department has determined that the provider has moved from the address on record with the department without leaving an active forwarding address with the department.
In the case of a provider described in division (D)(6)(11) of this section, the department may terminate or not renew the provider agreement by sending a notice explaining the department's proposed action to the address on record with the department. The notice may be sent by regular mail.
(E) The department may withhold payments for services
rendered by a medicaid provider under the medical assistance
program during the pendency of proceedings initiated under
division (B)(1) of this section. If the proceedings are
initiated
under division (B)(2) of this section, the department
may withhold
payments only to the extent that they equal amounts
determined in
a final fiscal audit as being due the state. This
division does
not apply if the department fails to comply with
section 119.07 of
the Revised Code, requests a continuance of the
hearing, or does
not issue a decision within thirty days after
the hearing is
completed. This division does not apply to
nursing facilities and
intermediate care facilities for the
mentally retarded as defined in section 5111.20 of the
Revised Code.
Sec. 5111.084.
There is hereby established the pharmacy
and
therapeutics committee of the department of job and family
services. The
committee
shall consist of nine members and shall
be appointed by the director
of job and family services. The
membership of the
committee shall include: three
pharmacists
licensed under Chapter 4729. of the Revised Code; two doctors of
medicine and two doctors of osteopathy licensed under Chapter
4731. of the
Revised Code; a registered nurse licensed under
Chapter 4723. of the Revised
Code; and a pharmacologist who has a
doctoral degree. At least one of the members who is a doctor of medicine or doctor of osteopathy shall be a psychiatrist. The committee shall
elect one of its members as
chairperson.
Sec. 5111.085. (A) As used in this section, "mental health drug" means a drug that meets one of the following requirements:
(1) Is classified as an antianxiety, antidepressant, anticonvulsant, or antipsychotic central nervous system drug in the most recent edition of one of the following publications:
(a) The American psychiatric press textbook of psychopharmacology;
(b) Current clinical strategies for psychiatry;
(c) Drug facts and comparisons;
(d) A publication with a focus and content comparable to the publications described in divisions (A)(1)(a) to (c) of this section as determined by the director of job and family services.
(2) Is classified in one of the publications described in division (A)(1) of this section as a central nervous system drug in a category or classification that is created after the effective date of this section;
(3) Is classified in one of the publications described in division (A)(1) of this section as a cross-indicated drug for any of the central nervous system drugs specified in division (A)(1) or (2) of this section because the drug's use in that capacity is generally held to be reasonable, appropriate, and within the community standards of care even though the use is not included in the United States food and drug administration's approved labeling for the drug;
(4) Is recommended for the treatment of a mental illness or mental disorder, as those terms are defined in the most recent edition of the American psychiatric association's diagnostic and statistical manual of mental disorders.
(B) The only mental health drugs that may be subjected to a prior authorization requirement, preferred drug list, or generic substitution requirement under the medicaid program are mental health drugs that are brand name and for which there are generic equivalents.
Sec. 5111.10. The director of job and family services may conduct reviews of the medicaid program. The reviews may include physical inspections of records and sites where medicaid-funded services are provided and interviews of providers and recipients of the services. If the director determines pursuant to a review that a person or government entity has violated a rule governing the medicaid program, the director may establish a corrective action plan for the violator and impose fiscal, administrative, or both types of sanctions on the violator in accordance with rules governing the medicaid program. Such action to be taken against a responsible entity, as defined in section 5101.24 of the Revised Code, shall be taken in accordance with that section.
Sec. 5111.101. (A) As used in this section, "federal;
"Agent" and "contractor" include any agent, contractor, subcontractor, or other person who, on behalf of an entity, furnishes or authorizes the furnishing of health care items or services under the medicaid program, performs billing or coding functions, or is involved in monitoring of health care that an entity provides.
"Employee" includes any officer or employee (including management employees) of an entity.
"Entity" includes a governmental entity or an organization, unit, corporation, partnership, or other business arrangement, including any medicaid managed care organization, irrespective of the form of business structure or arrangement by which it exists, whether for-profit or not-for-profit. "Entity" does not include a government entity that administers one or more components of the medicaid program, unless the government entity receives medicaid payments for providing items or services.
"Federal health care programs" has the same meaning as in 42 U.S.C. 1320a-7b(f).
(B) Each person and government entity that receives or makes medicaid in a federal fiscal year payments in a calendar year that total under the medicaid program, either through the state medicaid plan or a federal medicaid waiver, totaling at least five million dollars or more shall, as a condition of receiving such payments, do all of the following not later than the first day of the succeeding calendar year:
(1) Provide each of the person or government entity's Establish written policies for all of the entity's employees (including management employees), contractors, and agents, that provide detailed, written information about the role of all of the following in preventing and detecting fraud, waste, and abuse in federal health care programs:
(a) Federal false claims law under 31 U.S.C. 3729 to 3733;
(b) Federal administrative remedies for false claims and statements available under 31 U.S.C. 3801 to 3812;
(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the Revised Code and any other state laws pertaining to civil or criminal penalties for false claims and statements;
(d) Whistleblower protections under the laws specified in divisions (B)(1)(a) to (c) of this section.
(2) Include in as part of the written information provided under policies required by division (B)(1) of this section detailed information about provisions regarding the person or government entity's policies and procedures for preventing and detecting fraud, waste, and abuse.
(3) Include Disseminate the written policies required by division (B)(1) of this section to each of the entity's employees, contractors, and agents in a paper or electronic form and make the written policies readily available to the entity's employees, contractors, and agents.
(4) If the entity has an employee handbook, include in the person or government entity's employee handbook a specific discussion of the laws specified in division (B)(1) of this section, the rights of employees to be protected as whistleblowers, and the person or government entity's policies and procedures for preventing and detecting fraud, waste, and abuse.
(5) Require the entity's contractors and agents to adopt the entity's written policies required by division (B)(1) of this section.
(C) An entity that furnishes items or services at multiple locations or under multiple contractual or other payment arrangements is required to comply with division (B) of this section if the entity receives in a federal fiscal year medicaid payments totaling in the aggregate at least five million dollars. This applies regardless of whether the entity submits claims for medicaid payments using multiple provider identification or tax identification numbers.
Sec. 5111.102. As used in this section, "state agency" has the same meaning as in section 9.23 of the Revised Code.
No provision of Title LI of the Revised Code or any other law of this state that incorporates any provision of federal Medicaid law, Title XIX of the Social Security Act, 79 Stat. 286 (1965), 42 U.S.C. 1396, or that may be construed as requiring the state, a state agency, or any state official or employee to comply with that federal provision, shall be construed as creating a cause of action to enforce such state law beyond the causes of action available under federal law for enforcement of the provision of federal law.
Sec. 5111.11. (A) As used in this section and section 5111.111 of the Revised Code:
(1) "Estate" includes both of the following:
(a) All real and personal property and other assets to be
administered
under Title XXI of the Revised Code and property that would be administered
under that title if not for section 2113.03 or 2113.031 of the
Revised Code;
(b) Any other real and personal property and other assets in which an individual had any legal title or interest at the time of death (to the extent of the interest), including assets conveyed to a survivor, heir, or assign of the individual through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.
(2) "Institution" means a nursing facility, intermediate care facility for the mentally retarded, or a medical institution.
(3) "Intermediate care facility for the mentally retarded" and "nursing facility" have the same meanings as in section 5111.20 of the Revised Code.
(4) "Permanently institutionalized individual" means an individual to whom all of the following apply:
(a) Is an inpatient in an institution;
(b) Is required, as a condition of the medicaid program paying for the individual's services in the institution, to spend for costs of medical or nursing care all of the individual's income except for an amount for personal needs specified by the department of job and family services;
(c) Cannot reasonably be expected to be discharged from the institution and return home as determined by the department of job and family services.
(5)
"Qualified state long-term care insurance partnership program" means the program established under section 5111.18 of the Revised Code.
(6) "Time of death" shall not be construed to mean a time after which a legal title or interest in real or personal property or other asset may pass by survivorship or other operation of law due to the death of the decedent or terminate by reason of the decedent's death.
(B) To the extent permitted by federal law, the department of job and family services shall
institute
an a medicaid estate recovery program under which the department shall, except as provided in divisions (C), (D), and (E) of this section, and subject to division (D) of this section, do both all of the following:
(1) For the costs of medicaid services the medicaid program correctly paid or will pay on behalf of a permanently institutionalized individual of any age, seek adjustment or recovery from the individual's estate or on the sale of property of the individual or spouse that is subject to a lien imposed under section 5111.111 of the Revised Code;
(2) For the costs of medicaid services the medicaid program correctly paid or will pay on behalf of an individual fifty-five years of age or older who is not a permanently institutionalized individual, seek adjustment or recovery from the individual's estate;
(3) For the costs of nursing facility and other long-term care services the medicaid program correctly paid or will pay on behalf of an individual who has received, or is entitled to receive, benefits under a long-term care insurance policy in connection with which assets or resources are disregarded to the extent that payments are made under a long-term care insurance policy or because an individual has received, or is entitled to receive, benefits under a long-term care insurance policy, seek adjustment or recovery from the individual's estate.
(C)(1) No adjustment or recovery may be made under division (B)(1) of this section from a permanently institutionalized individual's estate or on the sale of property of a permanently institutionalized individual that is subject to a lien imposed under section 5111.111 of the Revised Code or under division (B)(2) or (3) of this section from an individual's estate while either of the following are alive:
(a) The spouse of the permanently institutionalized individual or individual;
(b) The son or daughter of a permanently institutionalized individual or individual if the son or daughter is under age twenty-one or, under 42 U.S.C. 1382c, is considered blind or disabled.
(2) No adjustment or recovery may be made under division (B)(1) of this section from a permanently institutionalized individual's home that is subject to a lien imposed under section 5111.111 of the Revised Code while either of the following lawfully reside in the home:
(a) The permanently institutionalized individual's sibling who resided in the home for at least one year immediately before the date of the permanently institutionalized individual's admission to the institution and on a continuous basis since that time;
(b) The permanently institutionalized individual's son or daughter who provided care to the permanently institutionalized individual that delayed the permanently institutionalized individual's institutionalization and resided in the home for at least two years immediately before the date of the permanently institutionalized individual's admission to the institution and on a continuous basis since that time.
(D) In the case of a participant of the qualified state long-term care insurance partnership program, adjustment or recovery required by this section may be reduced in accordance with rules adopted under division (G) of this section.
(E) The department shall, in accordance with procedures and criteria established in rules adopted under division (G) of this section, waive seeking an adjustment or recovery otherwise required by this section if the director of job and family
services determines that adjustment or
recovery would work an undue hardship. The department may limit the duration of the waiver to the period during which the undue hardship exists.
(F) For the purpose of determining whether an individual meets the definition of "permanently institutionalized individual" established for this section, a rebuttable presumption exists that the individual cannot reasonably be expected to be discharged from an institution and return home if either of the following is the case:
(1) The individual declares that he or she does not intend to return home.
(2) The individual has been an inpatient in an institution for at least six months.
(G) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code regarding the medicaid estate recovery program, including rules that do both of the following:
(1) For the purpose of division (D) of this section and consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or recovery in the case of a participant of the qualified state long-term care insurance partnership program;
(2) For the purpose of division (E) of this section and consistent with the standards specified by the United States secretary of health and human services under 42 U.S.C. 1396p(b)(3), establish procedures and criteria for waiving adjustment or recovery due to an undue hardship.
Sec. 5111.112. The department of job and family services shall certify amounts due under the medicaid estate recovery program instituted under section 5111.11 of the Revised Code to the attorney general pursuant to section 131.02 of the Revised Code. The attorney general may enter into a contract with any person or government entity to collect the amounts due on behalf of the attorney general.
The attorney general, in entering into a contract under this section, shall comply with all of the requirements that must be met for the state to receive federal financial participation for the costs incurred in entering into the contract and carrying out actions under the contract. The contract may provide for the person or government entity with which the attorney general contracts to be compensated from the property recovered under the medicaid estate recovery program or may provide for another manner of compensation agreed to by the parties to the contract.
Regardless of whether the attorney general collects the amounts due under the medicaid estate recovery program or contracts with a person or government entity to collect the amounts due on behalf of the attorney general, the amounts due shall be collected in accordance with applicable requirements of federal statutes and regulations and state statutes and rules.
Sec. 5111.113. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in
section 3722.01 of the Revised
Code.
(2) "Commissioner" means a person appointed by a probate
court under division (B) of
section 2113.03 of the Revised
Code to act as a commissioner.
(3) "Home" has the same meaning as in section 3721.10 of
the Revised
Code.
(4) "Personal needs allowance account" means an account
or petty cash fund that holds the money of a resident of an
adult care facility or home and that the facility or home
manages for the resident.
(B) Except as provided
in divisions (C) and
(D) of this section, the owner
or operator of an adult care facility or home shall transfer to
the department of job and family services the money in the personal
needs
allowance account of a resident of the facility or home who was
a recipient of the medical assistance program no earlier than
sixty days but not later than ninety days after the resident
dies. The adult care facility or home shall transfer the money
even though the owner or operator of the facility or home has not been
issued letters testamentary or letters of administration
concerning the resident's estate.
(C) If funeral or burial
expenses for a resident of an adult care facility or home who
has died have not been paid and the only resource the resident
had that could be used to pay for the expenses is the money in
the resident's personal needs allowance account, or all other
resources of the resident are inadequate to pay the full cost of
the expenses, the money in the resident's personal needs
allowance account shall be used to pay for the expenses rather
than being transferred to the department of job and family services
pursuant to division (B) of
this section.
(D) If, not later than
sixty days after a resident of an adult care facility or home
dies, letters testamentary or letters of administration are
issued, or an application for release from administration is
filed under section 2113.03 of the
Revised
Code, concerning the resident's
estate, the owner or operator of the facility or home shall
transfer the money in the resident's personal needs allowance
account to the administrator, executor, commissioner, or person
who filed the application for release from administration.
(E) The transfer or use
of money in a resident's personal needs allowance account in
accordance with division (B),
(C), or
(D) of this section discharges
and releases the adult care facility or home, and the owner or
operator of the facility or home, from any claim for the money
from any source.
(F) If, sixty-one or
more days after a resident of an adult care facility or home
dies, letters testamentary or letters of administration are
issued, or an application for release from administration under
section 2113.03 of the Revised
Code is filed, concerning the
resident's estate, the department of job and family services shall
transfer the funds to the administrator, executor, commissioner,
or person who filed the application, unless the department is
entitled to recover the money under the medicaid estate recovery program
instituted under section 5111.11 of the
Revised Code.
Sec. 5111.163. (A) As used in this section:
(1) "Emergency services" has the same meaning as in section 1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-2(b)(2), as amended.
(2) "Medicaid managed care organization" has the same meaning as in section 5111.162 of the Revised Code.
(3) "Provider" has the same meaning as in section 5111.06 of the Revised Code means any person, institution, or entity that furnishes emergency services to a medicaid recipient enrolled in a medicaid managed care organization, regardless of whether the person, institution, or entity has a provider agreement with the department of job and family services pursuant to Title XIX of the "Social Security Act."
(B) When a participant in the care management system established under section 5111.16 of the Revised Code is enrolled in a medicaid managed care organization and receives emergency services on or after January 1, 2007, from a provider that is not under contract with the organization, the provider shall accept from the organization, as payment in full, not more than the amounts (less any payments for indirect costs of medical education and direct costs of graduate medical education) that the provider could collect if the participant received medicaid other than through enrollment in a managed care organization.
Sec. 5111.17. (A)
The department of
job and
family services
may enter into contracts
with managed
care organizations, including health insuring corporations, under which the organizations are authorized to
provide, or
arrange for the provision of, health care services to
medical
assistance recipients
who are required or permitted to obtain health care services through managed care
organizations as part of the care management system
established under
section 5111.16 of the Revised Code.
(B) The department shall develop and implement a financial incentive program to improve and reward positive health outcomes through the managed care organization contracts entered into under this section. In developing and implementing the program, the department may take into consideration the recommendations regarding the program made by the medicaid care management working group created under section 5111.161 of the Revised Code (1) For purposes of making payments to health insuring corporations under contract pursuant to this section, the department shall develop, certify, and implement actuarially sound capitation rates, as defined in 42 C.F.R. 438.6. In taking these actions, the department shall comply with all applicable requirements of 42 C.F.R. 438.6 and Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396b(m), as amended.
(2) Before the department may submit proposed capitation rates for approval by the United States centers for medicare and medicaid services, the department shall prepare a separate document that specifies the manner in which the rates conform to generally accepted actuarial principles and practices. When the proposed rates are submitted for approval, the department shall include the document as part of its submission of information to the centers for medicare and medicaid services.
(3) The document prepared under division (B)(2) of this section shall include information on all of the following:
(a) How the proposed rates are appropriate with respect to the individuals or groups of individuals who will be enrolled in the health insuring corporations;
(b) How the proposed rates are appropriate for the services that will be covered by the health insuring corporations;
(c) How the proposed rates are adequate to meet the administrative requirements of the health insuring corporations;
(d) Any other matter the department considers to be relevant to the development of actuarially sound capitation rates.
(4) In preparing the document required under division (B)(2) of this section, the department may consult with the superintendent of insurance. The department may ask the superintendent to assess whether the proposed rates, if implemented, would do any of the following:
(a) Adversely affect a health insuring corporation in a manner that results in the need to prepare and submit an RBC plan in accordance with section 1753.33 of the Revised Code;
(b) Cause the superintendent, in the case of a health insuring corporation with a parent company, to take actions requiring the use of the parent company's guaranty established under division (A)(27) of section 1751.03 of the Revised Code as a condition of applying for a certificate of authority to establish and operate the health insuring corporation;
(c) Negatively impact, in general, the financial solvency of a health insuring corporation.
(C) The director of job and family services
may
adopt rules
in accordance with
Chapter 119. of the Revised Code to
implement
this section.
Sec. 5111.172. (A) When contracting under section 5111.17 of the Revised Code with a managed care organization that is a health insuring corporation, the department of job and family services may require the health insuring corporation to provide coverage of prescription drugs for medicaid recipients enrolled in the health insuring corporation. In providing the required coverage, the health insuring corporation may, subject to the department's approval and the limitations provided under division (C) of this section, use strategies for the management of drug utilization.
(B) As used in this division, "controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
If a health insuring corporation is required under this section to provide coverage of prescription drugs, the department shall permit the health insuring corporation to develop and implement a pharmacy utilization management program under which prior authorization through the program is established as a condition of obtaining a controlled substance pursuant to a prescription. The program may include processes for requiring medicaid recipients at high risk for fraud or abuse involving controlled substances to have their prescriptions for controlled substances filled by a pharmacy, medical provider, or health care facility designated by the program.
(C) As used in this division, "mental health drug" has the same meaning as in section 5111.085 of the Revised Code.
If a contract under section 5111.17 of the Revised Code requires a health insuring corporation to provide prescription drug coverage for medicaid recipients as described in division (A) of this section, the contract shall include terms under which the only mental health drugs that may be subjected to a prior authorization requirement, preferred drug list, or generic substitution requirement are mental health drugs that are brand name and for which there are generic equivalents.
Sec. 5111.20. As used in sections 5111.20 to 5111.34 of
the
Revised Code:
(A)
"Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include
fines paid under sections 5111.35 to 5111.61 and section
5111.99
of the Revised Code.
(B) "Ancillary and support costs" means all reasonable costs incurred by a nursing facility other than direct care costs or capital costs. "Ancillary and support costs" includes, but is not limited to, costs of activities, social services, pharmacy consultants, habilitation supervisors, qualified mental retardation professionals, program directors, medical and habilitation records, program supplies, incontinence supplies, food, enterals, dietary supplies and personnel, laundry, housekeeping, security, administration, medical equipment, utilities, liability insurance, bookkeeping, purchasing department, human resources, communications, travel, dues, license fees, subscriptions, home office costs not otherwise allocated, legal services, accounting services, minor equipment, maintenance and repairs, help-wanted advertising, informational advertising, start-up costs, organizational expenses, other interest, property insurance, employee training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs as specified in rules adopted by the director of job and family services under section 5111.02 of the Revised Code, for personnel listed in this division. "Ancillary and support costs" also means the cost of equipment, including vehicles, acquired by operating lease executed before December 1, 1992, if the costs are reported as administrative and general costs on the facility's cost report for the cost reporting period ending December 31, 1992.
(C)
"Capital costs" means costs of ownership and, in the case of an intermediate care facility for the mentally retarded, costs of
nonextensive renovation.
(1)
"Cost of ownership" means the actual expense incurred
for all of the following:
(a) Depreciation and interest on any capital assets that
cost five hundred dollars or more per item, including the
following:
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.251 of the
Revised Code;
(iii) Except as provided in division (B) of this section, equipment;
(iv) In the case of an intermediate care facility for the mentally retarded, extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (K) of this section,
lease and rent of
land, building, and equipment.
The costs of capital assets of less than five hundred dollars
per item may be
considered capital costs in accordance with a
provider's practice.
(2)
"Costs of nonextensive renovation" means the actual
expense incurred by an intermediate care facility for the mentally retarded for
depreciation or amortization and interest on
renovations that are not
extensive renovations.
(D)
"Capital lease" and
"operating lease" shall be construed
in accordance
with generally accepted accounting principles.
(E)
"Case-mix score" means the measure determined under
section 5111.232 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident
of
a nursing facility or intermediate care facility for the
mentally
retarded.
(F)(1)
"Date of licensure," for a facility originally licensed
as a
nursing home under Chapter 3721. of the Revised Code, means
the
date specific beds were originally licensed as
nursing home
beds under that chapter, regardless of whether they were
subsequently licensed as residential facility beds under section
5123.19
of the Revised Code. For a facility originally licensed
as a
residential facility under section 5123.19 of the Revised
Code,
"date of licensure" means the date specific beds were
originally licensed as residential facility beds under that
section.
(1) If nursing home beds licensed under Chapter 3721. of the
Revised Code or
residential facility beds licensed under section
5123.19 of the Revised Code
were not required by law to be
licensed when they were originally used to
provide nursing home or
residential facility services,
"date of licensure"
means the date
the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider
obtained
licensure.
(2) If a facility adds nursing home beds or residential
facility beds or extensively renovates all or part of the
facility
after its original date of licensure, it will have a
different
date of licensure for the additional beds or
extensively renovated
portion of the facility, unless the beds
are added in a space that
was constructed at the same time as the
previously licensed beds
but was not licensed under Chapter 3721.
or section 5123.19 of the
Revised Code at that time.
(2) The definition of "date of licensure" in this section applies in determinations of the medicaid reimbursement rate for a nursing facility or intermediate care facility for the mentally retarded but does not apply in determinations of the franchise permit fee for a nursing facility or intermediate care facility for the mentally retarded.
(G)
"Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(H)
"Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, respiratory therapists,
and except as provided in division
(H)(2) of this section, other persons holding degrees qualifying
them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in
accordance with Chapter
119. of the Revised Code, for
personnel
listed in
divisions (H)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to
direct care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (H)(1) of this section, for nursing facilities only, direct care costs include costs of habilitation staff (other than habilitation supervisors), medical supplies, emergency oxygen, habilitation supplies, and universal precautions supplies.
(3) In addition to the costs specified in division (H)(1)
of
this section, for intermediate care facilities for the
mentally
retarded only, direct care costs include both of the
following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, audiologists, habilitation staff (including habilitation supervisors), qualified mental retardation professionals, program directors, social services staff, activities staff, off-site day programming, psychologists and psychology assistants, and social workers and counselors;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted under section 5111.02 of the Revised Code, for personnel
listed in division
(H)(3)(a) of this section.
(4) Costs of other direct-care resources that are
specified
as direct care costs in rules adopted under section 5111.02 of the Revised
Code.
(I)
"Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(J) "Franchise permit fee" means the following:
(1) In the context of nursing facilities, the fee imposed by sections 3721.50 to 3721.58 of the Revised Code;
(2) In the context of intermediate care facilities for the mentally retarded, the fee imposed by sections 5112.30 to 5112.39 of the Revised Code.
(K)
"Indirect care costs" means all reasonable costs incurred by an intermediate care facility for the mentally retarded other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services,
minor equipment,
maintenance and repairs, help-wanted
advertising, informational
advertising, start-up costs,
organizational expenses, other
interest, property insurance,
employee training and staff
development, employee benefits,
payroll taxes, and workers' compensation
premiums or costs for
self-insurance claims and related costs as
specified in rules
adopted under section 5111.02 of the Revised Code, for personnel
listed in
this division. Notwithstanding division (C)(1) of this
section,
"indirect care costs" also means the cost of equipment,
including
vehicles, acquired by operating lease executed before
December 1,
1992, if the costs are reported as administrative and
general
costs on the facility's cost report for the cost
reporting period
ending December 31, 1992.
(L)
"Inpatient days" means all days during which a
resident,
regardless of payment source, occupies a bed in a
nursing facility
or intermediate care facility for the mentally
retarded that is
included in the facility's certified capacity
under Title XIX. Therapeutic or hospital
leave days for which payment
is made under section 5111.33 of the
Revised Code are considered
inpatient days proportionate to the
percentage of the facility's
per resident per day rate paid for
those days.
(M)
"Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medicaid program by the director of health in
accordance
with Title XIX.
(N)
"Maintenance and repair expenses" means, except as
provided in division (BB)(2) of this section, expenditures that
are
necessary and proper to maintain an asset in a normally
efficient
working condition and that do not extend the useful
life of the
asset two years or more.
"Maintenance and repair
expenses"
includes but is not limited to the cost of ordinary
repairs such
as painting and wallpapering.
(O) "Medicaid days" means all days during which a resident who is a Medicaid recipient eligible for nursing facility services occupies a bed in a nursing facility that is included in the nursing facility's certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.33 of the Revised Code are considered Medicaid days proportionate to the percentage of the nursing facility's per resident per day rate paid for those days.
(P)
"Nursing facility" means a facility, or a distinct
part
of a facility, that is certified as a nursing facility by
the
director of health in accordance with Title XIX and is not an intermediate care facility
for the
mentally retarded.
"Nursing facility" includes a
facility, or a
distinct part of a facility, that is certified as
a nursing
facility by the director of health in accordance with
Title XIX and is certified as a
skilled nursing
facility by the director in accordance with Title
XVIII.
(Q) "Operator" means the person or government entity responsible for the daily operating and management decisions for a nursing facility or intermediate care facility for the mentally retarded.
(R) "Other protected costs" means costs incurred by an intermediate care facility for the mentally retarded for medical
supplies; real estate, franchise, and property taxes; natural
gas,
fuel oil, water, electricity, sewage, and refuse and
hazardous
medical waste collection; allocated other protected home office
costs; and any additional costs
defined as other protected costs
in rules adopted under section 5111.02 of
the Revised Code.
(S)(1)
"Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following regarding a nursing facility or
intermediate care facility for the mentally retarded:
(a) The land on which the facility is located;
(b) The structure in which the facility is located;
(c) Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure on or in which the facility is located;
(d) Any lease or sublease of the land or structure on or in which the facility is located.
(2) "Owner" does not mean a holder of a debenture or bond related to the nursing facility or intermediate care facility for the mentally retarded and purchased at public issue or a regulated lender that has made a loan related to the facility unless the holder or lender operates the facility directly or through a subsidiary.
(T)
"Patient" includes
"resident."
(U) Except as provided in divisions (U)(1) and (2) of this
section,
"per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose
of
establishing rates under section 5111.241 of the
Revised Code,
"per diem" means an intermediate care facility for the mentally retarded's actual, allowable
indirect care costs in a cost reporting period divided by the
greater of the facility's inpatient days for that period or the
number of inpatient days the facility would have had during that
period if its occupancy rate had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.251 of the
Revised Code,
"per diem" means a facility's actual, allowable
capital costs in a cost reporting period divided by the greater
of
the facility's inpatient days for that period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(V)
"Provider" means an operator with a provider agreement.
(W)
"Provider agreement" means a contract between the
department of job and family services and the operator of a nursing facility or
intermediate care facility for the mentally retarded for the
provision of nursing facility services or intermediate care
facility services for the mentally retarded under the medicaid program.
(X)
"Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(Y)
"Reasonable" means that a cost is an actual cost that
is
appropriate and helpful to develop and maintain the operation
of
patient care facilities and activities, including normal
standby
costs, and that does not exceed what a prudent buyer pays
for a
given item or services. Reasonable costs may vary from
provider
to provider and from time to time for the same provider.
(Z)
"Related party" means an individual or organization
that, to a significant extent, has common ownership with, is
associated or affiliated with, has control of, or is controlled
by, the provider.
(1) An individual who is a relative of an owner is a
related
party.
(2) Common ownership exists when an individual or
individuals possess significant ownership or equity in both the
provider and the other organization. Significant ownership or
equity exists when an individual or individuals possess five per
cent ownership or equity in both the provider and a supplier.
Significant ownership or equity is presumed to exist when an
individual or individuals possess ten per cent ownership or
equity
in both the provider and another organization from which
the
provider purchases or leases real property.
(3) Control exists when an individual or organization has
the power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity
of the type carried on with the provider is transacted with
others
than the provider and there is an open, competitive market
for the
types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained
by
other nursing facilities or intermediate care facilities for
the
mentally retarded from outside organizations and are not a
basic
element of patient care ordinarily furnished directly to
patients
by the facilities.
(d) The charge to the provider is in line with the charge
for the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(AA)
"Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Stepparent, stepchild, stepbrother, or stepsister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster caregiver, foster child, foster brother,
or
foster sister.
(BB)
"Renovation" and
"extensive renovation" mean:
(1) Any betterment, improvement, or restoration of an intermediate care facility for the mentally
retarded
started before July 1, 1993, that meets the definition
of a
renovation or extensive renovation established in rules
adopted by
the director of job and
family services in effect on December 22,
1992.
(2) In the case of betterments, improvements, and
restorations of intermediate care
facilities for the mentally retarded started on or after July 1,
1993:
(a)
"Renovation" means the betterment, improvement, or
restoration of an intermediate care facility
for the mentally retarded beyond its current functional capacity
through a structural change that costs at least five hundred
dollars per bed. A renovation may include betterment,
improvement, restoration, or replacement of assets that are
affixed to the building and have a useful life of at least five
years. A renovation may include costs that otherwise would be
considered maintenance and repair expenses if they are an
integral
part of the structural change that makes up the
renovation
project.
"Renovation" does not mean construction of
additional
space for beds that will be added to a facility's
licensed or
certified capacity.
(b)
"Extensive renovation" means a renovation that costs
more than sixty-five per cent and no more than eighty-five per
cent of the cost of constructing a new bed and that extends the
useful life of the assets for at least ten years.
For the purposes of division (BB)(2) of this section, the
cost
of constructing a new bed shall be considered to be forty
thousand
dollars, adjusted for the estimated rate of inflation
from January
1, 1993, to the end of the calendar year during
which the
renovation is completed, using the consumer price index
for
shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a
renovation
that costs more than eighty-five per cent of the cost
of
constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
(CC) "Title XIX" means Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(DD) "Title XVIII" means Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Sec. 5111.69. (A) In accordance with 42 C.F.R. 431.12, there is hereby created the medical care advisory council. The council shall advise the department of job and family services about health and medical care services for purposes of the medicaid program. The department shall grant the council the opportunity to participate in medicaid policy development and program administration.
(B) The council shall consist of the following members:
(1) Three individuals representing health professions, including one or more individuals representing board-certified physicians, who are familiar with the medical needs of low-income population groups and with the resources available and required for their care, one appointed by the president of the senate, one appointed by the speaker of the house of representatives, and one appointed by the governor;
(2) Two individuals representing consumers' groups, including medicaid recipients and consumer organizations such as labor unions, one appointed by the president of the senate and one appointed by the speaker of the house of representatives;
(3) Three individuals representing health insuring corporations that have entered into contracts with the department pursuant to section 5111.17 of the Revised Code, one appointed by the president of the senate, one appointed by the speaker of the house of representatives, and one appointed by the governor;
(4) Two individuals representing the business community, one appointed by the president of the senate and one appointed by the speaker of the house of representatives;
(5) One individual representing county departments of job and family services, appointed by the governor.
(C) The members of the council shall serve at the pleasure of their appointing authorities. Vacancies shall be filled in the manner provided for original appointments.
(D) At its first meeting, the council shall organize by electing a chairperson from among its members and adopting bylaws for its operation. The bylaws shall include provisions specifying the length of the term a member may serve as chairperson.
Sec. 5111.70. (A) As used in sections 5111.70 to 5111.7010 of the Revised Code:
(1) "Applicant" means an individual who applies to participate in the medicaid buy-in for workers with disabilities program.
(2) "Earned income" has the meaning established by rules adopted under section 5111.707 of the Revised Code.
(3) "Employed individual with a medically improved disability" has the same meaning as in 42 U.S.C. 1396d(v).
(4) "Family" means an applicant or participant and the spouse and dependent children of the applicant or participant. If an applicant or participant is under eighteen years of age, "family" also means the parents of the applicant or participant.
(5) "Federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code.
(6) "Income" means earned income and unearned income.
(7) "Participant" means an individual who has been determined eligible for the medicaid buy-in for workers with disabilities program and is participating in the program.
(8) "Supplemental security income program" means the program established under Title XVI of the "Social Security Act," 86 Stat. 1329 (1972), 42 U.S.C. 1381, as amended.
(9) "Medicaid buy-in for workers with disabilities program" means the component of the medicaid program established under sections 5111.70 to 5111.7010 of the Revised Code.
(10) "Unearned income" has the meaning established by rules adopted under section 5111.707 of the Revised Code.
(B) Not later than ninety days after the effective date of this section, the director of job and family services shall submit to the United States secretary of health and human services an amendment to the state medicaid plan and any federal waiver necessary to establish the medicaid buy-in for workers with disabilities program in accordance with 42 U.S.C. 1396a(a) (10)(A)(ii)(XV) and (XVI) and sections 5111.70 to 5111.7010 of the Revised Code. The director shall implement sections 5111.701 to 5111.7010 of the Revised Code if the amendment and, if needed, federal waiver are approved.
Sec. 5111.701. Under the medicaid buy-in for workers with disabilities program, an individual who does all of the following in accordance with rules adopted under section 5111.707 of the Revised Code qualifies for medical assistance under the medicaid program:
(A) Applies for the medicaid buy-in for workers with disabilities program;
(B) Provides satisfactory evidence of all of the following:
(1) That the individual is at least sixteen years of age and under sixty-five years of age;
(2) Except as provided in section 5111.706 of the Revised Code, that one of the following applies to the individual:
(a) The individual is considered disabled for the purpose of the supplemental security income program, regardless of whether the individual receives supplemental security income benefits, and the individual has earnings from employment.
(b) The individual is an employed individual with a medically improved disability.
(3) That the value of the assets of the individual's family, less assets and asset value disregarded pursuant to rules adopted under section 5111.707 of the Revised Code, does not exceed the amount provided for by section 5111.702 of the Revised Code;
(4) That the income of the individual's family, less amounts disregarded pursuant to section 5111.703 of the Revised Code, does not exceed two hundred fifty per cent of the federal poverty guidelines;
(5) That the individual meets the additional eligibility requirements for the medicaid buy-in for workers with disabilities program that the director of job and family services establishes in rules adopted under section 5111.707 of the Revised Code.
(C) To the extent required by section 5111.704 of the Revised Code, pays the premium established under that section.
Sec. 5111.702. (A) Except as provided in division (B) of this section, the maximum value of assets, less assets and asset value disregarded pursuant to rules adopted under section 5111.707 of the Revised Code, that an individual's family may have without the individual exceeding the asset eligibility limit for the medicaid buy-in for workers with disabilities program shall not exceed ten thousand dollars.
(B) Each calendar year, the director of job and family services shall adjust the asset eligibility limit specified in division (A) of this section by the change in the consumer price index for all items for all urban consumers for the previous calendar year, as published by the United States bureau of labor statistics. The annual adjustment shall go into effect on the earliest date possible.
Sec. 5111.703. For the purpose of determining whether an individual is within the eligibility limit for the medicaid buy-in for workers with disabilities program, all of the following apply:
(A) The first twenty thousand dollars of the individual's earned income shall be disregarded.
(B) No amount that an employer of a member of the individual's family pays to obtain health insurance for one or more members of the family, including any amount of a premium established under section 5111.704 of the Revised Code that the employer pays, shall be treated as the income of the individual's family.
(C) All other amounts disregarded pursuant to rules adopted under section 5111.707 of the Revised Code shall be applied to the income of the individual's family.
Sec. 5111.704. (A) An individual whose family's income exceeds one hundred fifty per cent of the federal poverty guidelines shall pay an annual premium as a condition of qualifying for the medicaid buy-in for workers with disabilities program. The amount of the premium shall be determined as follows:
(1) Subtract one hundred fifty per cent of the federal poverty guidelines, as applicable for a family size equal to the size of the individual's family, from the amount of the income of the individual's family;
(2) Subtract any amount a member of the individual's family pays, whether by payroll deduction or otherwise, for other health insurance for one or more members of the family from the difference determined under division (A)(1) of this section;
(3) Multiply the difference determined under division (A)(2) of this section by one tenth.
(B) No amount that an employer of a member of an individual's family pays to obtain health insurance for one or more members of the individual's family, including any amount of a premium established under this section that the employer pays, shall be treated as the income of the individual's family for the purpose of this section.
Sec. 5111.705. No individual shall be denied eligibility for the medicaid buy-in for workers with disabilities program on the basis that the individual receives services under a home and community-based services medicaid waiver component as defined in section 5111.851 of the Revised Code.
Sec. 5111.706. An individual participating in the medicaid buy-in for workers with disabilities program may continue to participate in the program for up to six months even though the individual ceases to have earnings from employment or to be an employed individual with a medically improved disability due to ceasing to be employed if the individual continues to meet all other eligibility requirements for the program.
Sec. 5111.707. The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement the medicaid buy-in for workers with disabilities program. The rules shall do all of the following:
(A) Specify assets, asset values, and amounts to be disregarded in determining asset and income eligibility limits for the program;
(B) Establish meanings for the terms "earned income" and "unearned income";
(C) Establish additional eligibility requirements for the program that must be established for the United States secretary of health and human services to approve the program.
Sec. 5111.708. (A) There is hereby created the medicaid buy-in advisory council. The council shall consist of the following members:
(1) The executive director of assistive technology of Ohio or the executive director's designee;
(2) The director of the axis center for public awareness of people with disabilities or the director's designee;
(3) The executive director of the cerebral palsy association of Ohio or the executive director's designee;
(4) The chief executive officer of Ohio advocates for mental health or the chief executive officer's designee;
(5) The state director of the Ohio chapter of AARP or the state director's designee;
(6) The director of the Ohio developmental disabilities council created under section 5123.35 of the Revised Code or the director's designee;
(7) The executive director of the governor's council on people with disabilities created under section 3303.41 of the Revised Code or the executive director's designee;
(8) The administrator of the legal rights service created under section 5123.60 of the Revised Code or the administrator's designee;
(9) The chairperson of the Ohio Olmstead task force or the chairperson's designee;
(10) The executive director of the Ohio statewide independent living council or the executive director's designee;
(11) The president of the Ohio chapter of the national multiple sclerosis society or the president's designee;
(12) The executive director of the arc of Ohio or the executive director's designee;
(13) The executive director of the commission on minority health or the executive director's designee.
(B) All members of the medicaid buy-in advisory council shall serve without compensation or reimbursement, except as serving on the council is considered part of their usual job duties.
(C) The members of the medicaid buy-in advisory council shall elect one of the members of the council to serve as the council's chairperson for a two-year term. The chairperson may be re-elected to successive terms.
(D) The department of job and family services shall provide the Ohio medicaid buy-in advisory council with accommodations for the council to hold its meetings and shall provide the council with other administrative assistance the council needs to perform its duties.
Sec. 5111.709. The director of job and family services or the director's designee shall consult with the medicaid buy-in advisory council before adopting, amending, or rescinding any rules under section 5111.707 of the Revised Code governing the medicaid buy-in for workers with disabilities program.
The director or designee shall meet at least quarterly with the council to discuss the program. At the meetings, the council may provide the director or designee with suggestions for improving the program and the director or designee shall provide the council with all of the following information:
(A) The number of individuals who participated in the program the previous calendar quarter;
(B) The cost of the program the previous calendar quarter;
(C) The amount of revenue generated the previous quarter by premiums that participants pay under section 5111.704 of the Revised Code;
(D) The average amount of earned income of participants' families;
(E) The average amount of time participants have participated in the program;
(F) The types of other health insurance participants have been able to obtain.
Sec. 5111.7010. Not less than once each year, the director of job and family services shall submit a report on the medicaid buy-in for workers with disabilities program to the governor, speaker and minority leader of the house of representatives, president and minority leader of the senate, and chairpersons of the house and senate committees to which the biennial operating budget bill is referred. The report shall include all of the following information:
(A) The number of individuals who participated in the medicaid buy-in for workers with disabilities program;
(B) The cost of the program;
(C) The amount of revenue generated by premiums that participants pay under section 5111.704 of the Revised Code;
(D) The average amount of earned income of participants' families;
(E) The average amount of time participants have participated in the program;
(F) The types of other health insurance participants have been able to obtain.
Sec. 5111.84. The director of job and family services may not submit a request to the United States secretary of health and human services for a medicaid waiver under section 1115 of the "Social Security Act of 1935," 42 U.S.C. 1315, unless the director provides the speaker of the house of representatives and president of the senate written notice of the director's intent to submit the request at least ten days before the date the director submits the request to the United States secretary. The notice shall include a detailed explanation of the medicaid waiver the director proposes to seek.
Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 of the Revised Code:
"Administrative agency" means, with respect to a home and community-based services medicaid waiver component, the department of job and family services or, if a state agency or political subdivision contracts with the department under section 5111.91 of the Revised Code to administer the component, that state agency or political subdivision.
"Home and community-based services medicaid waiver component" means a medicaid waiver component under which home and community-based services are provided as an alternative to hospital, nursing facility, or intermediate care facility for the mentally retarded services.
"Hospital" has the same meaning as in section 3727.01 of the Revised Code.
"Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
"Level of care determination" means a determination of whether an individual needs the level of care provided by a hospital, nursing facility, or intermediate care facility for the mentally retarded and whether the individual, if determined to need that level of care, would receive hospital, nursing facility, or intermediate care facility for the mentally retarded services if not for a home and community-based services medicaid waiver component.
"Medicaid buy-in for workers with disabilities program" means the component of the medicaid program established under sections 5111.70 to 5111.7010 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
"Skilled nursing facility" means a facility certified as a skilled nursing facility under Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
(B) The following requirements apply to each home and community-based services medicaid waiver component:
(1) Only an individual who qualifies for a component shall receive that component's services.
(2) A level of care determination shall be made as part of the process of determining whether an individual qualifies for a component and shall be made each year after the initial determination if, during such a subsequent year, the administrative agency determines there is a reasonable indication that the individual's needs have changed.
(3) A written plan of care or individual service plan based on an individual assessment of the services that an individual needs to avoid needing admission to a hospital, nursing facility, or intermediate care facility for the mentally retarded shall be created for each individual determined eligible for a component.
(4) Each individual determined eligible for a component shall receive that component's services in accordance with the individual's level of care determination and written plan of care or individual service plan.
(5) No individual may receive services under a component while the individual is a hospital inpatient or resident of a skilled nursing facility, nursing facility, or intermediate care facility for the mentally retarded.
(6) No individual may receive prevocational, educational, or supported employment services under a component if the individual is eligible for such services that are funded with federal funds provided under 29 U.S.C. 730 or the "Individuals with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.
(7) Safeguards shall be taken to protect the health and welfare of individuals receiving services under a component, including safeguards established in rules adopted under section 5111.85 of the Revised Code and safeguards established by licensing and certification requirements that are applicable to the providers of that component's services.
(8) No services may be provided under a component by a provider that is subject to standards that 42 U.S.C. 1382e(e)(1) requires be established if the provider fails to comply with the standards applicable to the provider.
(9) Individuals determined to be eligible for a component, or such individuals' representatives, shall be informed of that component's services, including any choices that the individual or representative may make regarding the component's services, and given the choice of either receiving services under that component or, as appropriate, hospital, nursing facility, or intermediate care facility for the mentally retarded services.
(10) No individual shall lose eligibility for services under a component, or have the services reduced or otherwise disrupted, on the basis that the individual also receives services under the medicaid buy-in for workers with disabilities program.
(11) No individual shall lose eligibility for services under a component, or have the services reduced or otherwise disrupted, on the basis that the individual's income or assets increase to an amount above the eligibility limit for the component if the individual is participating in the medicaid buy-in for workers with disabilities program and the amount of the individual's income or assets does not exceed the eligibility limit for the medicaid buy-in for workers with disabilities program.
(12) No individual receiving services under a component shall be required to pay any cost sharing expenses for the services for any period during which the individual also participates in the medicaid buy-in for workers with disabilities program.
Sec. 5111.871. The department of job and family
services
shall enter
into
a contract with the
department of
mental
retardation and developmental disabilities
under section
5111.91
of the Revised Code with regard to one or more of
the
components of the
medicaid
program established by the
department of
job and family
services
under
one or more of the medicaid waivers
sought under section 5111.87 of the Revised Code. The
contract shall
provide for the
department of mental retardation
and
developmental
disabilities to
administer the
components in
accordance
with the terms of
the
waivers. The
directors of job
and family services
and mental
retardation and developmental
disabilities shall
adopt
rules in
accordance with Chapter 119. of
the Revised Code
governing the
components.
If the department of mental retardation and developmental
disabilities or the department of job and family services denies
an individual's application for home and community-based services
provided under any of these medicaid components, the department that denied
the services shall give timely notice to the individual that the
individual
may request a hearing under section 5101.35 of the
Revised Code.
The departments of mental retardation and developmental
disabilities and job and family services may approve, reduce,
deny, or terminate a service included in the individualized
service plan developed for a medicaid recipient eligible for home
and community-based services provided under any of these medicaid
components. The departments shall consider the recommendations a
county board of mental retardation and developmental disabilities
makes under division (A)(1)(c) of section 5126.055 of the Revised
Code. If either department approves, reduces, denies, or
terminates a
service, that department shall give timely notice to
the medicaid
recipient that the recipient may request a hearing
under section
5101.35 of the Revised Code.
If supported living or residential services, as defined in
section 5126.01 of the Revised Code, are is to be provided as a service under any of these components, any person or government entity with a current, valid
medicaid provider agreement and a current, valid license under
section 5123.19 or certificate under section 5123.16 or 5126.431 5123.161 of the Revised Code may provide the services service.
If a service is to be provided under any of these components by a residential facility, as defined in section 5123.19 of the Revised Code, any person or government entity with a current, valid medicaid provider agreement and a current, valid license under section 5123.19 of the Revised Code may provide the service.
Sec. 5111.872. When the department of mental retardation and
developmental disabilities allocates enrollment numbers to a
county board of mental retardation and developmental disabilities
for home and community-based services specified in division (B)(1) of section 5111.87 of the Revised Code and provided under any of the components
of the medicaid program that the department administers under
section 5111.871 of the Revised Code, the department shall
consider all of the following:
(A) The number of individuals with mental retardation or
other developmental disability who are on a waiting list the
county board establishes under division (C) of section 5126.042 of
the Revised Code for those services and are given priority on the
waiting list pursuant to division (D) or (E) of that section;
(B) The implementation component required by division
(A)(4)(3)
of section 5126.054 of the Revised Code of the county
board's plan
approved under section 5123.046 of the Revised Code;
(C) Anything else the department considers necessary to
enable county boards to provide those services to individuals in
accordance with the priority requirements of
divisions
(D) and (E) of
section 5126.042 of the Revised Code.
Sec. 5111.8814. An intermediate care facility for the mentally retarded that converts in whole to providing home and community-based services under the ICF/MR conversion pilot program shall either be licensed as a residential facility under section 5123.19 of the Revised Code or certified to provide supported living under section 5126.431 5123.161 of the Revised Code. If an intermediate care facility for the mentally retarded converts in part to providing such home and community-based services, the distinct part of the facility that provides the home and community-based services shall either be licensed as a residential facility under section 5123.19 of the Revised Code or certified to provide supported living under section 5126.431 5123.161 of the Revised Code. The facility or distinct part of the facility shall be licensed as a residential facility rather than certified to provide supported living if it meets the definition of "residential facility" in section 5123.19 of the Revised Code.
Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 5111.894 of the Revised Code:
"Area agency on aging" has the same meaning as in section 173.14 of the Revised Code.
"Assisted living program" means the medicaid waiver component for which the director of job and family services is authorized by this section to request a medicaid waiver.
"Assisted living services" means the following home and community-based services: personal care, homemaker, chore, attendant care, companion, medication oversight, and therapeutic social and recreational programming.
"County or district home" means a county or district home operated under Chapter 5155. of the Revised Code.
"Long-term care consultation program" means the program the department of aging is required to develop under section 173.42 of the Revised Code.
"Long-term care consultation program administrator" or "administrator" means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
"Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
"Residential care facility" has the same meaning as in section 3721.01 of the Revised Code.
(B) The director of job and family services may submit a request to the United States secretary of health and human services under 42 U.S.C. 1396n to obtain a waiver of federal medicaid requirements that would otherwise be violated in the creation and implementation of a program under which assisted living services are provided to not more than one thousand eight hundred individuals who meet the program's eligibility requirements established under section 5111.891 of the Revised Code.
If the secretary approves the medicaid waiver requested under this section and the director of budget and management approves the contract, the department of job and family services shall enter into a contract with the department of aging under section 5111.91 of the Revised Code that provides for the department of aging to administer the assisted living program. The contract shall include an estimate of the program's costs.
The director of job and family services may adopt rules under section 5111.85 of the Revised Code regarding the assisted living program. The director of aging may adopt rules under Chapter 119. of the Revised Code regarding the program that the rules adopted by the director of job and family services authorize the director of aging to adopt.
Sec. 5111.891. To be eligible for the assisted living program, an individual must meet all of the following requirements:
(A) Need an intermediate level of care as determined under rule 5101:3-3-06 of the Administrative Code;
(B) At the time the individual applies for the assisted living program, be one of the following:
(1) A nursing facility resident who is seeking to move to a residential care facility and would remain in a nursing facility for long term care if not for the assisted living program;
(2) A participant of any of the following medicaid waiver components who would move to a nursing facility if not for the assisted living program:
(a) The PASSPORT program created under section 173.40 of the Revised Code;
(b) The medicaid waiver component called the choices program that the department of aging administers;
(c) A medicaid waiver component that the department of job and family services administers.
(3) A resident of a residential care facility who has resided in a residential care facility for at least six months immediately before the date the individual applies for the assisted living program.
(C) At the time the individual receives assisted living services under the assisted living program, reside in a residential care facility, including both of the following:
(1) A residential care facility that is owned or operated by a metropolitan housing authority that has a contract with the United States department of housing and urban development to receive an operating subsidy or rental assistance for the residents of the facility;
(2) A county or district home licensed as a residential care facility.
(D) Meet all other eligibility requirements for the assisted living program established in rules adopted under section 5111.85 of the Revised Code.
Sec. 5111.894. When an area agency on aging determines that an individual who is eligible for the medicaid program and resides in the area that the area agency on aging serves has been admitted to a nursing facility, the agency shall notify the long-term care consultation program administrator serving the area in which the individual resides about the determination. The administrator shall determine whether the assisted living program is appropriate for the individual and whether the individual would rather participate in the assisted living program than continue residing in the nursing facility. If the administrator determines that the assisted living program is appropriate for the individual and the individual would rather participate in the assisted living program than continue residing in the nursing facility, the administrator shall provide the individual or individual's representative information about how to apply for the assisted living program and whether there is a waiting list for the assisted living program.
Sec. 5111.915. (A) The department of job and family services shall enter into an agreement with the department of administrative services for the department of administrative services to contract through competitive selection pursuant to section 125.07 of the Revised Code with a vendor to perform an assessment of the data collection and data warehouse functions of the medicaid data warehouse system, including the ability to link the data sets of all agencies serving medicaid recipients.
The assessment of the data system shall include functions related to fraud and abuse detection, program management and budgeting, and performance measurement capabilities of all agencies serving medicaid recipients, including the departments of aging, alcohol and drug addiction services, health, job and family services, mental health, and mental retardation and developmental disabilities.
The department of administrative services shall enter into this contract within thirty days after the effective date of this section September 29, 2005. The contract shall require the vendor to complete the assessment within ninety days after the effective date of this section September 29, 2005.
A qualified vendor with whom the department of administrative services contracts to assess the data system shall also assist the medicaid agencies in the definition of the requirements for an enhanced data system or a new data system and assist the department of administrative services in the preparation of a request for proposal to enhance or develop a data system.
(B) Based on the assessment performed pursuant to division (A) of this section, the department of administrative services office of information technology shall seek a qualified vendor through competitive selection pursuant to section 125.07 of the Revised Code to develop or enhance a data collection and data warehouse system for the department of job and family services and all agencies serving medicaid recipients.
Within ninety days after the effective date of this section September 29, 2005, the department of job and family services shall seek enhanced federal funding for ninety per cent of the funds required to establish or enhance the data system. The department of administrative services office of information technology shall not award a contract for establishing or enhancing the data system until the department of job and family services receives approval from the secretary of the United States department of health and human services for the ninety per cent federal match.
Sec. 5112.341. (A) In addition to assessing a penalty pursuant to section 5112.34 of the Revised Code, the department of job and family services may do either any of the following if an intermediate care facility for the mentally retarded fails to pay the full amount of a franchise permit fee installment when due:
(1) Withhold an amount less than or equal to the installment and penalty assessed under section 5112.34 of the Revised Code from a medicaid payment due the facility until the facility pays the installment and penalty;
(2) Offset an amount less than or equal to the installment and penalty assessed under section 5112.34 of the Revised Code from a Medicaid payment due the nursing facility or hospital;
(3) Terminate the facility's medicaid provider agreement.
(B) The department may withhold offset a medicaid payment under division (A)(1) of this section without providing notice to the intermediate care facility for the mentally retarded and without conducting an adjudication under Chapter 119. of the Revised Code.
Sec. 5115.12. (A) The director of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code governing the disability medical assistance program. The rules may establish or specify any or all of the following:
(1) Income, resource, citizenship, age, residence, living arrangement, and other eligibility requirements;
(2) Health services to be included in the program;
(3) The maximum authorized amount, scope, duration, or limit of payment for services;
(4) Limits on the length of time an individual may receive disability medical assistance;
(5) Limits on the total number of individuals in the state who may receive disability medical assistance;
(6) Limits on the number and types of providers eligible to be reimbursed for services provided to individuals enrolled in the program.
(B) For purposes of limiting the cost of the disability medical assistance program, the director may do either of the following:
(1) Adopt rules in accordance with section 111.15 of the Revised Code that revise the program's eligibility requirements; the maximum authorized amount, scope, duration, or limit of payment for services included in the program; or any other requirement or standard established or specified by rules adopted under division (A) of this section or under section 5115.10 of the Revised Code;
(2) Suspend acceptance of applications for disability medical assistance. While a suspension is in effect, no person shall receive a determination or redetermination of eligibility for disability medical assistance unless the person was receiving the assistance during the month immediately preceding the suspension's effective date or the person submitted an application prior to the suspension's effective date and receives a determination of eligibility based on that application. The director may adopt rules in accordance with section 111.15 of the Revised Code establishing requirements and specifying procedures applicable to the suspension of acceptance of applications.
Sec. 5119.611. (A) A community mental health agency that seeks
certification of its community mental health services shall submit
an application to the director of mental health. On receipt of the application,
the director may visit and shall evaluate the agency to determine
whether its services satisfy the standards established by
rules
adopted under division (D)(C) of this section. The director
shall
make the evaluation, and, if the director visits the agency,
shall
make the visit, in cooperation with the board
of alcohol,
drug
addiction, and mental health services with which
the agency
seeks
to contract under division (A)(8)(a) of section 340.03 of the Revised Code.
Subject to divisions (B) and (C) of this section If the director determines that a community mental health agency's services satisfy the standards and the agency has paid the fee required under division (B) of this section, the director
shall
certify a community mental health agency's the services that the director determines satisfy the standards.
If the director determines that a community mental health
agency's services do not satisfy the standards, the
director shall
identify the areas of noncompliance, specify what
action is
necessary to satisfy the standards, and offer technical
assistance
to the board of alcohol, drug addiction, and mental
health
services so that the board may assist the agency in
satisfying the
standards. The director shall give the
agency a reasonable time
within which to demonstrate that its
services satisfy the
standards or to bring the services
into compliance with the
standards. If the director concludes
that the services continue
to fail to satisfy the
standards, the director may request that
the board reallocate the
funds for the community mental health
services the agency was to
provide to another community mental
health agency whose community
mental health services satisfy the
standards. If the
board does not reallocate those funds in a
reasonable period of
time, the director may withhold state and
federal funds for the
community mental health services and
allocate those funds directly
to a community mental health agency
whose community mental health
services satisfy the standards.
(B) Each community mental health agency seeking
certification of its community mental health services under this
section shall pay a fee for the certification review required by
this section. Fees shall be paid into the sale of goods and
services fund created pursuant to section 5119.161 of the Revised
Code.
(C) The director may certify a community mental health service only if the service is for individuals whose focus of treatment is a mental disorder according to the edition of the American psychiatric association's diagnostic and statistical manual of mental disorders that is current at the time the director issues the certification, including such services for individuals who have a mental disorder and a co-occurring substance use disorder, substance induced disorder, chronic dementing organic mental disorder, mental retardation, or developmental disability. The director may not certify a service that is for individuals whose focus of treatment is solely a substance use disorder, substance-induced disorder, chronic dementing organic mental disorder, mental retardation, or developmental disability.
(D) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall do all of the following:
(1) Establish certification standards for community
mental
health services, including assertive community treatment and intensive home-based mental health services, that are consistent with nationally
recognized
applicable standards and facilitate participation in
federal
assistance programs. The rules shall include as
certification
standards only requirements that improve the quality
of services
or the health and safety of clients of community
mental health
services. The standards shall address at a
minimum all of the
following:
(a) Reporting major unusual incidents to the director;
(b) Procedures for applicants for and clients of community
mental health services to file grievances and complaints;
(e) Development of written policies addressing the rights
of
clients, including all of the following:
(i) The right to a copy of the written policies addressing
client rights;
(ii) The right at all times to be treated with
consideration
and respect for the client's privacy and dignity;
(iii) The right to have access to the client's own
psychiatric, medical, or other treatment records unless access is
specifically restricted in the client's treatment plan for clear
treatment reasons;
(iv) The right to have a client rights officer provided by
the agency or board of alcohol, drug addiction, and mental health
services advise the client of the client's rights, including the
client's rights under Chapter 5122. of the Revised Code if the
client is committed to the agency or board.
(2) Establish standards for qualifications of
mental health
professionals as defined in section 340.02 of the
Revised Code and
personnel who provide the community mental health
services;
(3) Establish the process for certification of community
mental health services;
(4) Set the amount of certification review fees based on a
portion of the cost of performing the review;
(5) Specify the type of notice and hearing to be provided
prior to a decision on whether to reallocate funds.
Sec. 5123.01. As used in this chapter:
(A)
"Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for the
mentally retarded with the approval of the director of mental
retardation and developmental disabilities to provide medical
treatment for residents of the institution.
(B)
"Chief program director" means a person with special
training and experience in the diagnosis and management of the
mentally retarded, certified according to division (C) of this
section in at least one of the designated fields, and appointed
by
the managing officer of an institution for the mentally
retarded
with the approval of the director to provide
habilitation and care
for residents of the institution.
(C)
"Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with
dissenting opinions if any, by a group of persons with special
training and experience in the diagnosis and management of
persons
with mental
retardation or a developmental disability, which
group
shall include individuals who are professionally qualified
in the
fields of medicine, psychology, and social
work, together with
such other specialists as the individual case
may require.
(D)
"Education" means the process of formal training and
instruction to facilitate the intellectual and emotional
development of residents.
(E)
"Habilitation" means the process by which the staff of
the institution assists the resident in acquiring and maintaining
those life skills that enable the resident to cope more
effectively with
the demands of the resident's own person and of
the resident's environment and in
raising the level of the
resident's physical, mental,
social, and vocational
efficiency.
Habilitation includes but is not limited to programs
of formal,
structured education and training.
(F)
"Health officer" means any public health physician,
public health nurse, or other person authorized or designated by
a
city or general health district.
(G) "Home and community-based services" means
medicaid-funded home and community-based services specified in division (B)(1) of section 5111.87 of the Revised Code provided under the
medicaid waiver components the department of mental retardation and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(H)
"Indigent person" means a person who is unable,
without
substantial financial hardship, to provide for the payment
of an
attorney and for other necessary expenses of legal
representation,
including expert testimony.
(I)
"Institution" means a public or private facility, or a
part of a public or private facility, that is
licensed by the
appropriate state
department and is equipped to provide
residential habilitation,
care, and treatment for the mentally
retarded.
(J)
"Licensed physician" means a person who holds a valid
certificate issued under Chapter 4731. of the Revised Code
authorizing the person to practice medicine and surgery or
osteopathic medicine and surgery, or a medical officer of the
government of
the United States while in the performance of the
officer's official duties.
(K)
"Managing officer" means a person who is appointed by
the
director of mental retardation and developmental disabilities
to
be in executive control of an institution for the mentally
retarded under the jurisdiction of the department.
(L) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code.
(M) "Medicaid case management services" means case
management services provided to an individual with mental
retardation or other developmental disability that the state
medicaid plan requires.
(N)
"Mentally retarded person" means a person having
significantly subaverage general intellectual functioning
existing
concurrently with deficiencies in adaptive behavior,
manifested
during the developmental period.
(O)
"Mentally retarded person subject to
institutionalization
by court order" means a person eighteen
years
of age or older who
is at least moderately mentally retarded and
in
relation to whom,
because of the person's retardation, either
of the following
conditions exist:
(1) The person represents a very substantial risk of
physical impairment or injury to self as manifested by
evidence
that the person is unable to provide for and is not
providing
for
the person's most basic physical needs and that
provision for
those
needs is not available in the community;
(2) The person needs and is susceptible to significant
habilitation in an institution.
(P)
"A person who is at least moderately mentally
retarded"
means a person who is found, following a comprehensive
evaluation,
to be impaired in adaptive behavior to a moderate
degree and to be
functioning at the moderate level of
intellectual
functioning in
accordance with standard measurements
as recorded
in the most
current revision of the manual of
terminology and
classification
in mental retardation published by
the American
association on
mental retardation.
(Q) As used in this division,
"substantial functional
limitation,"
"developmental delay," and
"established risk" have
the meanings
established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code.
(2) It is manifested before age twenty-two.
(3) It is likely to continue indefinitely.
(4) It results in one of the following:
(a) In the case of a person under three years of age, at
least one
developmental delay or an established risk;
(b) In the case of a person at least three years of age but
under six years of age, at least two developmental delays or an
established risk;
(c) In the case of a person six years of age or older, a
substantial functional limitation in at least three of the
following areas of major life activity, as appropriate for the
person's age: self-care, receptive and expressive language,
learning,
mobility, self-direction, capacity for independent
living, and,
if the person is at least sixteen years of age,
capacity
for economic self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(R)
"Developmentally disabled person" means a person with
a
developmental disability.
(S)
"State institution" means an institution that is
tax-supported and under the jurisdiction of the department.
(T)
"Residence" and
"legal residence" have the same
meaning
as
"legal settlement," which is acquired by residing in
Ohio for a
period of one year without receiving general
assistance
prior to
July
17, 1995, under former Chapter 5113. of the Revised
Code,
financial
assistance under Chapter 5115. of the Revised
Code, or
assistance from a
private agency that maintains records
of
assistance given. A person having a
legal settlement in the
state
shall be considered as having legal settlement
in the
assistance
area in which the person resides. No adult
person
coming into
this
state and having a spouse or minor children
residing in
another state shall
obtain a legal settlement in this
state as
long as
the spouse or minor
children are receiving public
assistance, care, or support at the expense of
the other state or
its subdivisions. For the purpose of determining the legal
settlement of a person who is living in a public or private
institution or in
a home subject to licensing by the department of
job and family services,
the
department of mental health, or the
department of mental retardation and
developmental disabilities,
the residence of the person
shall be considered as though the
person were residing in the county in which
the person was living
prior to the person's entrance into the institution or
home.
Settlement once acquired shall continue until a person has been
continuously absent from Ohio for a period of
one year or has
acquired a legal residence in another state. A woman who
marries
a man with legal settlement in any county immediately acquires
the
settlement of her husband. The legal settlement of a minor
is
that of the parents, surviving parent, sole parent, parent who
is
designated the residential parent and legal custodian by a
court,
other adult having permanent custody awarded by a court,
or
guardian of the person of the minor, provided that:
(1) A minor female who marries shall be considered to have
the legal settlement of her husband and, in the case of death of
her husband or divorce, she shall not thereby lose her
legal
settlement obtained by the marriage.
(2) A minor male who marries, establishes a home, and who
has resided in this state for one year without receiving general
assistance prior to July
17, 1995, under former Chapter 5113. of
the Revised Code, financial
assistance under Chapter 5115. of the
Revised Code, or assistance from a
private agency that maintains
records of assistance given
shall be considered
to have obtained a
legal settlement in this state.
(3) The legal settlement of a child under
eighteen years of
age who is in the care or custody of a public or
private child
caring agency shall not change if the legal settlement of
the
parent changes until after the child has been in the home of
the
parent for a period of one year.
No person, adult or minor, may establish a legal settlement
in this state for the purpose of gaining admission to any state
institution.
(U)(1)
"Resident" means, subject to division (R)(2) of
this
section, a person
who is admitted either voluntarily
or
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised
Code subsequent to a finding of not guilty
by reason of insanity
or incompetence to stand trial or under this
chapter who is under
observation or receiving habilitation and care in an institution.
(2)
"Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40,
2945.401, or
2945.402 of the Revised Code to the extent that the
reference in this
chapter to
resident, or the context in which the
reference occurs, is in conflict with
any provision of sections
2945.37 to 2945.402 of the Revised Code.
(V)
"Respondent" means the person whose detention,
commitment, or continued commitment is being sought in any
proceeding under this chapter.
(W)
"Working day" and
"court day" mean Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a legal
holiday.
(X)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case
in
which a person was found guilty.
(Y)
"Court" means the probate division of the court of
common
pleas.
(Z) "Supported living" has the same meaning as in section 5126.01 of the Revised Code.
Sec. 5123.012. (A) As used in this section:
(1) "Biological risk" and "environmental risk" have the meanings established
pursuant to
section 5123.011 of the Revised Code.
(2) "Handicapped preschool Preschool child with a disability" has the same meaning as
in section 3323.01 of the Revised Code.
(B) Except as provided in division (C) of this section,
the department of mental retardation and developmental
disabilities shall make eligibility determinations in accordance
with the definition of "developmental disability" in section
5123.01 of the Revised Code. The department may adopt rules in
accordance with Chapter 119. of the Revised Code establishing
eligibility for programs and services for either of the following:
(1) Individuals under age six who have a biological risk
or environmental risk of a developmental delay;
(2) Any handicapped preschool child with a disability eligible for services
under section 3323.02 of the Revised Code whose handicap disability is not
attributable solely to mental illness as defined in section
5122.01 of the Revised Code.
(C)(1) The department shall make determinations of
eligibility for protective services in accordance with sections
5123.55 to 5123.59 of the Revised Code.
(2) Determinations of whether a mentally retarded person
is subject to institutionalization by court order shall be made
in accordance with sections 5123.71 to 5123.76 of the Revised
Code and shall be based on the definition of "mentally retarded
person subject to institutionalization by court order" in section
5123.01 of the Revised Code.
(3) All persons who were eligible for services and
enrolled in programs offered by the department of mental
retardation and developmental disabilities pursuant to this
chapter on July 1, 1991, shall continue to be eligible for those
services and to be enrolled in those programs as long as they are
in need of services.
Sec. 5123.033. The program fee fund is hereby created in the state treasury. All fees collected pursuant to sections 5123.161, 5123.164, 5123.19, and 5126.25 of the Revised Code shall be credited to the fund. Money credited to the fund shall be used solely for the department of mental retardation and developmental disabilities' duties under sections 5123.16 to 5123.169, 5123.19, and 5126.25 of the Revised Code and to provide continuing education and professional training to employees of county boards of mental retardation and developmental disabilities for the purpose of section 5126.25 of the Revised Code and other providers of services to individuals with mental retardation or a developmental disability. If the money credited to the fund is inadequate to pay all of the department's costs in performing those duties and providing the continuing education and professional training, the department may use other available funds appropriated to the department to pay the remaining costs of performing those duties and providing the continuing education and professional training.
Sec. 5123.043. (A) The director of mental retardation and
developmental disabilities shall adopt rules establishing
procedures for administrative resolution of complaints filed
under
division (B) of this section and section
5126.06 of the Revised
Code. The rules shall be adopted in
accordance with Chapter 119.
of the Revised Code.
(B) Except as provided in division (C) of this section,
any
person
or county board of mental retardation and developmental
disabilities that has a complaint involving any of the programs,
services, policies, or administrative practices of the department
of mental retardation and developmental disabilities or any of
the
entities under contract with the department, may file a
complaint
with the department. Prior to commencing a civil
action regarding
the complaint, a person
or county board shall attempt to have
the
complaint
resolved through the administrative resolution
process
established
in the rules adopted under this section.
After
exhausting the
administrative resolution process, the
person
or
county board may commence a civil
action if the complaint is not
settled to the person's
or county board's
satisfaction.
(C) An employee of the department may not file
under this
section a complaint related to the terms and conditions of
employment for the employee.
(D) This section does not apply to a conflict between a
county board of mental retardation and developmental disabilities
and a person or government entity that provides or seeks to
provide services to an individual with mental retardation or other
developmental disability. Section 5126.036 of the Revised Code
applies to such a conflict.
Sec. 5123.045. No person or government entity shall
receive payment for providing home and community-based services
unless the person or government entity is one of the following:
(A) Certified under section 5123.16 5123.161 of the Revised Code;
(B) Licensed as a residential facility under section 5123.19
of the Revised Code.
Sec. 5123.046. The department of mental retardation and
developmental disabilities shall review each
component of the
three-calendar-year plan it receives from
a county board of mental
retardation and developmental
disabilities under section 5126.054
of the Revised Code and, in
consultation with the department of
job and family services and
office of budget and management,
approve each
component that includes
all the information and
conditions specified in that section.
The fourth third component of
the
plan shall be approved or disapproved not later than
forty-five
days after the
fourth third
component is submitted to the
department
under division (B)(3) of
section 5126.054 of the Revised
Code.
If
the department approves
all four three components of the plan, the plan
is approved. Otherwise,
the plan is disapproved. If the plan is
disapproved, the
department shall take action
against the county
board under
division (B) of section 5126.056 of
the Revised Code.
In approving plans under this section, the department
shall
ensure that the aggregate of all plans provide for the
increased
enrollment into home and community-based services during
each
state fiscal year of at least five hundred individuals who
did not
receive residential services, supported living, or home
and
community-based services the prior state fiscal year if the
department has enough additional enrollment available for this
purpose.
The department shall establish protocols
that the department
shall use to determine whether a county board
is complying with
the programmatic and financial accountability mechanisms and
achieving outcomes
specified in its approved plan. If the
department
determines that a
county board is not in compliance
with the
mechanisms or achieving the outcomes specified in its
approved
plan, the department
may take action under division (F)
of
section 5126.055 of the Revised Code.
Sec. 5123.047. (A) The department of mental retardation and developmental disabilities shall pay the nonfederal share of
medicaid expenditures for medicaid case management services if
the services are provided to an individual with mental
retardation or other developmental disability who a county board of mental retardation and developmental disabilities
has determined under section 5126.041 of the Revised Code is not
eligible for county board services.
(B) The department shall pay the nonfederal share of
medicaid expenditures for and home and community-based services if
any of the following apply:
(1) The services are
provided to an individual with mental
retardation or other
developmental disability who a county board
has determined under
section 5126.041 of the Revised Code is not
eligible for county
board services;
(2) The services are provided to an individual with mental
retardation or other developmental disability given priority for
the services pursuant to division (D)(3) of section 5126.042 of
the Revised Code. The department shall pay the nonfederal share
of medicaid expenditures for home and community-based services
provided to such an individual for as long as the individual
continues to be eligible for and receive the services, regardless
of whether the services are provided after June 30, 2003.
(3) An agreement entered into under section 5123.048 of the Revised Code requires that the department pay the nonfederal share of medicaid expenditures for the services for which no county board of mental retardation and developmental disabilities is required by section 5126.059 or 5126.0510 of the Revised Code to pay.
Sec. 5123.048. The director of mental retardation and developmental disabilities may enter into an agreement with a county board of mental retardation and developmental disabilities under which the department of mental retardation and developmental disabilities is to pay the nonfederal share of medicaid expenditures for one or more of the home and community-based services provided to individuals with mental retardation or other developmental disability residing in the county served by that the county board would, if not for the agreement, be required by section 5126.0510 of the Revised Code to pay. The agreement shall specify which home and community-based services the agreement covers. The department shall pay the nonfederal share of medicaid expenditures for the home and community-based services that the agreement covers as long as the agreement is in effect.
Sec. 5123.049. The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the authorization and
payment of home and community-based services and medicaid case
management services. The rules
shall provide for private providers of the services to receive one
hundred per cent of the medicaid allowable payment amount and for
government providers of the services to receive the federal share
of the medicaid allowable payment, less the amount withheld as a
fee under section 5123.0412 of the Revised Code and any amount
that may be required by rules adopted under section 5123.0413 of
the Revised Code to be deposited into the state MR/DD risk fund.
The
rules shall establish the process by which county boards of
mental
retardation and developmental disabilities shall certify
and
provide the nonfederal share of medicaid expenditures that the
county board is required by division (A) of section
5126.057 sections 5126.059 and 5126.0510 of
the Revised Code to pay. The process shall require a
county board
to certify that the county board has funding
available at one time
for two months costs for those expenditures.
The process may
permit a county board to certify that the county
board has funding
available at one time for more than two months
costs for those
expenditures.
Sec. 5123.0411. The department of mental retardation and
developmental disabilities may bring a mandamus action against a
county board of mental retardation and developmental disabilities
that fails to pay the nonfederal share of medicaid expenditures
that the county board is required by division (A) of section
5126.057 sections 5126.059 and 5126.0510 of the Revised Code to pay. The department may
bring the
mandamus action in the court of common pleas of the
county served
by the county board or in the Franklin county court
of common
pleas.
Sec. 5123.0414. (A) When the director of mental retardation and developmental disabilities, under section 119.07 of the Revised Code, sends a party a notice by registered mail, return receipt requested, that the director intends to take action against the party authorized by section 5123.082, 5123.166, 5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised Code and the notice is returned to the director with an endorsement indicating that the notice was refused or unclaimed, the director shall resend the notice by ordinary mail to the party.
(B) If the original notice was refused, the notice shall be deemed received as of the date the director resends the notice.
(C) If the original notice was unclaimed, the notice shall be deemed received as of the date the director resends the notice unless, not later than thirty days after the date the director sent the original notice, the resent notice is returned to the director for failure of delivery.
If the notice concerns taking action under section 5123.51 of the Revised Code and the resent notice is returned to the director for failure of delivery not later than thirty days after the date the director sent the original notice, the director shall cause the notice to be published in a newspaper of general circulation in the county of the party's last known residence or business and shall mail a dated copy of the published notice to the party at the last known address. The notice shall be deemed received as of the date of the publication.
If the notice concerns taking action under section 5123.082, 5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised Code and the resent notice is returned to the director for failure of delivery not later than thirty days after the date the director sent the original notice, the director shall resend the notice to the party a second time. The notice shall be deemed received as of the date the director resends the notice the second time.
Sec. 5123.0415. As used in this section, "license" means a license, certificate, or evidence of registration.
Each person and government entity that applies for or holds a valid license issued under section 5123.082, 5123.161, 5123.19, 5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the director of mental retardation and developmental disabilities of any change in the person or government entity's address.
Sec. 5123.0416. (A) Subject to the availability of funds appropriated to the department of mental retardation and developmental disabilities for medicaid waiver state match, the department shall expend, in fiscal year 2009 and each fiscal year thereafter, not less than the amount appropriated in appropriation item 322-416, medicaid waiver – state match, in fiscal year 2008 to do both of the following:
(1) Pay the nonfederal share of medicaid expenditures for home and community-based services that section 5123.047 of the Revised Code requires the department to pay;
(2) Assist county boards of mental retardation and developmental disabilities in paying the nonfederal share of medicaid expenditures for home and community-based services that section 5126.0510 of the Revised Code requires county boards to pay.
(B) The department shall make the expenditures required by division (A)(2) of this section in the form of allocations to county boards or by other means. If the department makes the expenditures in the form of allocations, the process for making the allocations shall conform to a process the department shall establish after consulting with representatives of county boards.
Sec. 5123.051. (A) If the department of mental retardation and
developmental disabilities determines pursuant to an audit conducted under
section 5123.05 of the Revised Code or a reconciliation
conducted under section 5123.18 or 5123.199 of the Revised
Code that money is owed the state by a provider of a
service or program, the department may enter into a payment agreement
with the provider. The agreement
shall include the following:
(1) A schedule of installment payments whereby the money
owed the state is to be paid in full within a period not to
exceed one year;
(2) A provision that the provider
may pay the entire balance owed at any
time during the term of the agreement;
(3) A provision that if any installment is not paid in
full within forty-five days after it is due, the entire balance
owed is immediately due and payable;
(4) Any other terms and conditions that
are agreed to by
the department and the provider.
(B) The department may include a provision in a
payment agreement
that requires the provider to pay
interest on the money owed the state. The department, in
its discretion, shall determine whether to require the payment of
interest and, if it so requires, the rate of interest. Neither
the obligation to pay interest nor the rate of interest is
subject to negotiation between the department and the
provider.
(C) If the provider fails to pay
any installment in full within forty-five days after its due
date, the department shall certify the entire balance
owed to the
attorney general for collection under section 131.02 of the
Revised Code. The department may withhold funds from payments made to a
provider under section 5123.18 or 5123.199 of the
Revised Code to satisfy a
judgment secured by the attorney general.
(D) The purchase of service fund is hereby
created. Money credited to the fund shall be used solely for purposes of
section 5123.05 of the
Revised Code.
Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of the Revised Code:
(1) "Provider" means a person or government entity certified by the director of mental retardation and developmental disabilities to provide supported living.
(2) "Related party" means any of the following:
(a) In the case of a provider who is an individual, any of the following:
(i) The spouse of the provider;
(ii) A parent or stepparent of the provider or provider's spouse;
(iii) A child of the provider or provider's spouse;
(iv) A sibling, half sibling, or stepsibling of the provider or provider's spouse;
(v) A grandparent of the provider or provider's spouse;
(vi) A grandchild of the provider or provider's spouse;
(vii) An employee or employer of the provider or provider's spouse.
(b) In the case of a provider that is a person other than an individual, any of the following:
(i) An employee of the person;
(ii) An officer of the provider, including the chief executive officer, president, vice-president, secretary, and treasurer;
(iii) A member of the provider's board of directors or trustees;
(iv) A person owning a financial interest of five per cent or more in the provider;
(v) A corporation that has a subsidiary relationship with the provider;
(vi) A person or government entity that has control over the provider's day-to-day operation;
(vii) A person over which the provider has control of the day-to-day operation.
(c) In the case of a provider that is a government entity, any of the following:
(i) An employee of the provider;
(ii) An officer of the provider;
(iii) A member of the provider's governing board;
(iv) A government entity that has control over the provider's day-to-day operation;
(v) A person or government entity over which the provider has control of the day-to-day operation.
(B) No person or government entity may provide supported living without a valid supported living certificate issued by the director of mental retardation and developmental disabilities.
(C) A county board of mental retardation and developmental disabilities may provide supported living only to the extent permitted by rules adopted under section 5123.169 of the Revised Code.
Sec. 5123.161. A person or government entity that seeks to provide supported living shall apply to the director of mental retardation and developmental disabilities for a supported living certificate.
Except as provided in section 5123.166 of the Revised Code, the director shall issue the applicant a supported living certificate if the applicant follows the application process established in rules adopted under section 5123.169 of the Revised Code, meets the applicable certification standards established in those rules, and pays the certification fee established in those rules.
Sec. 5123.162. The director of mental retardation and developmental disabilities may conduct surveys of persons and government entities that seek a supported living certificate to determine whether the persons and government entities meet the certification standards. The director may also conduct surveys of providers to determine whether the providers continue to meet the certification standards. The director shall conduct the surveys in accordance with rules adopted under section 5123.169 of the Revised Code.
The records of surveys conducted under this section are public records for the purpose of section 149.43 of the Revised Code and shall be made available on the request of any person or government entity.
Sec. 5123.163. A supported living certificate is valid for a period of time established in rules adopted under section 5123.169 of the Revised Code, unless any of the following occur before the end of that period of time:
(A) The director of mental retardation and developmental disabilities issues
an order requiring that action be taken against the certificate holder under section 5123.166 of the Revised Code.
(B) The director issues an order terminating the certificate under section 5123.168 of the Revised Code.
(C) The certificate holder voluntarily surrenders the certificate to the director.
Sec. 5123.164. Except as provided in section 5123.166 of the Revised Code, the director of mental retardation and developmental disabilities shall renew a supported living certificate if the certificate holder follows the renewal process established in rules adopted under section 5123.169 of the Revised Code, continues to meet the applicable certification standards established in those rules, and pays the renewal fee established in those rules.
Sec. 5123.165. (A) Except as provided in division (B) of this section, no person or government entity may provide supported living to an individual with mental retardation or a developmental disability if the person or government entity or a related party of the person or government entity also provides the individual a residence.
(B) A person may provide supported living to an individual with mental retardation or a developmental disability even though the person or a related party of the person also provides the individual a residence if either of the following apply:
(1) The person also resides in the residence with the individual and does not provide at any one time supported living to more than a total of three individuals with mental retardation or a developmental disability who reside in that residence;
(2) The person is an association of family members related to two or more of the individuals with mental retardation or a developmental disability who reside in the residence and does not provide at any one time supported living to more than a total of four individuals with mental retardation or a developmental disability who reside in that residence.
Sec. 5123.166. (A) If good cause exists as specified in division (B) of this section and determined in accordance with procedures established in rules adopted under section 5123.169 of the Revised Code, the director of mental retardation and developmental disabilities may issue an adjudication order requiring that one of the following actions be taken against a person or government entity seeking or holding a supported living certificate:
(1) Refusal to issue or renew a supported living certificate;
(2) Revocation of a supported living certificate;
(3) Suspension of a supported living certificate holder's authority to do either or both of the following:
(a) Continue to provide supported living to one or more individuals from one or more counties who receive supported living from the certificate holder at the time the director takes the action;
(b) Begin to provide supported living to one or more individuals from one or more counties who do not receive supported living from the certificate holder at the time the director takes the action.
(B) The following constitute good cause for taking action under division (A) of this section against a person or government entity seeking or holding a supported living certificate:
(1) The person or government entity's failure to meet or continue to meet the applicable certification standards established in rules adopted under section 5123.169 of the Revised Code;
(2) The person or government entity violates section 5123.165 of the Revised Code;
(3) The person or government entity's failure to satisfy the requirements of section 5123.52, 5126.28, or 5126.281 of the Revised Code;
(7) Confirmed abuse or neglect;
(8) Financial irresponsibility;
(9) Other conduct the director determines is or would be injurious to individuals who receive or would receive supported living from the person or government entity.
(C) Except as provided in division (D) of this section, the director shall issue an adjudication order under division (A) of this section in accordance with Chapter 119. of the Revised Code.
(D)(1) The director may issue an order requiring that action specified in division (A)(3) of this section be taken before a provider is provided notice and an opportunity for a hearing if all of the following are the case:
(a) The director determines such action is warranted by the provider's failure to continue to meet the applicable certification standards;
(b) The director determines that the failure either represents a pattern of serious noncompliance or creates a substantial risk to the health or safety of an individual who receives or would receive supported living from the provider;
(c) If the order will suspend the provider's authority to continue to provide supported living to an individual who receives supported living from the provider at the time the director issues the order, both of the following are the case:
(i) The director makes the individual, or the individual's guardian, aware of the director's determination under division (D)(1)(b) of this section and the individual or guardian does not select another provider.
(ii) A county board of mental retardation and developmental disabilities has filed a complaint with a probate court under section 5123.33 of the Revised Code that includes facts describing the nature of abuse or neglect that the individual has suffered due to the provider's actions that are the basis for the director making the determination under division (D)(1)(b) of this section and the probate court does not issue an order authorizing the county board to arrange services for the individual pursuant to an individualized service plan developed for the individual under section 5123.31 of the Revised Code.
(2) If the director issues an order under division (D)(1) of this section, sections 119.091 to 119.13 of the Revised Code and all of the following apply:
(a) The director shall send the provider notice of the order by registered mail, return receipt requested, not later than twenty-four hours after issuing the order and shall include in the notice the reasons for the order, the citation to the law or rule directly involved, and a statement that the provider will be afforded a hearing if the provider requests it within ten days of the time of receiving the notice.
(b) If the provider requests a hearing within the required time and the provider has provided the director the provider's current address, the director shall immediately set, and notify the provider of, the date, time, and place for the hearing.
(c) The date of the hearing shall be not later than thirty days after the director receives the provider's timely request for the hearing.
(d) The hearing shall be conducted in accordance with section 119.09 of the Revised Code, except for all of the following:
(i) The hearing shall continue uninterrupted until its close, except for weekends, legal holidays, and other interruptions the provider and director agree to.
(ii) If the director appoints a referee or examiner to conduct the hearing, the referee or examiner, not later than ten days after the date the referee or examiner receives a transcript of the testimony and evidence presented at the hearing or, if the referee or examiner does not receive the transcript or no such transcript is made, the date that the referee or examiner closes the record of the hearing, shall submit to the director a written report setting forth the referee or examiner's findings of fact and conclusions of law and a recommendation of the action the director should take.
(iii) The provider may, not later than five days after the date the director, in accordance with section 119.09 of the Revised Code, sends the provider or the provider's attorney or other representative of record a copy of the referee or examiner's report and recommendation, file with the director written objections to the report and recommendation.
(iv) The director shall approve, modify, or disapprove the referee or examiner's report and recommendation not earlier than six days, and not later than fifteen days, after the date the director, in accordance with section 119.09 of the Revised Code, sends a copy of the report and recommendation to the provider or the provider's attorney or other representative of record.
(3) The director may lift an order issued under division (D)(1) of this section even though a hearing regarding the order is occurring or pending if the director determines that the provider has taken action eliminating the good cause for issuing the order. The hearing shall proceed unless the provider withdraws the request for the hearing in a written letter to the director.
(4) The director shall lift an order issued under division (D)(1) of this section if both of the following are the case:
(a) The provider provides the director a plan of compliance the director determines is acceptable.
(b) The director determines that the provider has implemented the plan of compliance correctly.
Sec. 5123.167. If the director of mental retardation and developmental disabilities issues an adjudication order under section 5123.166 of the Revised Code refusing to issue a supported living certificate to a person or government entity or to renew a person or government entity's supported living certificate, neither the person or government entity nor a related party of the person or government entity may apply for another supported living certificate earlier than the date that is one year after the date the order is issued. If the director issues an adjudication order under that section revoking a person or government entity's supported living certificate, neither the person or government entity nor a related party of the person or government entity may apply for another supported living certificate earlier than the date that is five years after the date the order is issued.
Sec. 5123.168. The director of mental retardation and developmental disabilities may issue an adjudication order in accordance with Chapter 119. of the Revised Code to terminate a supported living certificate if the certificate holder has not billed for supported living for twelve consecutive months.
Sec. 5123.169. The director of mental retardation and developmental disabilities shall adopt rules under Chapter 119. of the Revised Code establishing all of the following:
(A) The extent to which a county board of mental retardation and developmental disabilities may provide supported living;
(B) The application process for obtaining a supported living certificate under section 5123.161 of the Revised Code;
(C) The certification standards a person or government entity must meet to obtain a supported living certificate to provide supported living;
(D) The certification fee for a supported living certificate, which shall be deposited into the program fee fund created under section 5123.033 of the Revised Code;
(E) The period of time a supported living certificate is valid;
(F) The process for renewing a supported living certificate under section 5123.164 of the Revised Code;
(G) The renewal fee for a supported living certificate, which shall be deposited into the program fee fund created under section 5123.033 of the Revised Code;
(H) Procedures for conducting surveys under section 5123.162 of the Revised Code;
(I) Procedures for determining whether there is good cause to take action under section 5123.166 of the Revised Code against a person or government entity seeking or holding a supported living certificate.
Sec. 5123.19. (A) As used in this section and in
sections
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the
Revised Code:
(1)(a) "Residential facility" means a home or facility in
which
a mentally retarded or developmentally disabled person
resides,
except the home of a relative or legal guardian in which
a
mentally retarded or developmentally disabled person resides, a
respite care home certified under section 5126.05 of the Revised
Code, a county home or district home operated pursuant to Chapter
5155. of the Revised Code, or a dwelling in which the only
mentally
retarded or developmentally disabled residents are in an
independent living arrangement or are being provided supported
living.
(b) "Intermediate care facility for the mentally retarded" means a residential facility that is considered an intermediate care facility for the mentally retarded for the purposes of Chapter 5111. of the Revised Code.
(2) "Political subdivision" means a municipal corporation,
county, or township.
(3) "Independent living arrangement" means an arrangement
in
which a mentally retarded or developmentally disabled person
resides in an individualized setting chosen by the person or
the
person's
guardian, which is not dedicated principally to the
provision of
residential services for mentally retarded or
developmentally
disabled persons, and for which no financial
support is received
for rendering such service from any
governmental agency by a
provider of residential services.
(4) "Supported living" has the same meaning as in section
5126.01 of the Revised Code.
(5) "Licensee" means the person or government agency that
has applied for a license to operate a residential facility and
to
which the license was issued under this section.
(5) "Related party" has the same meaning as in section 5123.16 of the Revised Code except that "provider" as used in the definition of "related party" means a person or government entity that held or applied for a license to operate a residential facility, rather than a person or government entity certified to provide supported living.
(B) Every person or government agency desiring to operate
a
residential facility shall apply for licensure of the facility
to
the director of mental retardation and developmental
disabilities
unless the residential facility is subject to
section 3721.02,
3722.04, 5103.03, or 5119.20 of the Revised
Code. Notwithstanding
Chapter 3721. of the Revised Code, a
nursing home that is
certified as an intermediate care facility
for the mentally
retarded under Title XIX of the "Social Security
Act,"
79 Stat.
286 (1965), 42 U.S.C.A.
1396, as amended, shall
apply
for licensure of the portion of the home that is certified
as an
intermediate care facility for the mentally retarded.
(C) Subject to section 5123.196 of the Revised Code, the director of mental retardation and developmental
disabilities shall license
the operation of
residential facilities.
An
initial license
shall be issued for a
period
that does not exceed one year, unless the director denies
the license under division (D) of this section. A license shall
be renewed for a
period that does not exceed three years, unless
the director refuses to renew the license under division (D) of
this section. The director, when
issuing or renewing a license,
shall specify the period for which
the license is being issued or
renewed. A license remains valid
for the length of the licensing
period specified by the director,
unless the
license is
terminated, revoked, or voluntarily
surrendered.
(D) If it is determined that an applicant or licensee
is
not in compliance with a provision of this chapter that applies to
residential facilities or the rules adopted under
such a
provision,
the director may deny issuance of a license, refuse to
renew a
license, terminate a license, revoke a license, issue an
order for
the suspension of admissions to a facility, issue an
order for the
placement of a monitor at a facility, issue an order
for the
immediate removal of residents, or take any other action
the
director considers necessary consistent with the director's
authority under this chapter regarding residential facilities. In
the director's selection and
administration of the sanction to be
imposed, all of the following
apply:
(1) The director may deny, refuse to renew, or revoke a
license, if the director determines that the applicant or licensee
has demonstrated a pattern of serious noncompliance or that
a
violation creates a substantial risk to the health and safety of
residents of a residential facility.
(2) The director may terminate a license if more than twelve
consecutive months have elapsed since the
residential facility was
last occupied by a resident or a notice
required by division (J)(K)
of this section is not given.
(3) The director may issue an order for the suspension of
admissions to a facility for any violation that may result in
sanctions under
division (D)(1) of this section and for any other
violation
specified in rules adopted under division (G)(H)(2) of this
section.
If the suspension of admissions is imposed for a
violation that
may result in sanctions under division (D)(1) of
this section, the
director may impose the suspension before
providing an opportunity for an adjudication under Chapter 119. of
the Revised Code. The
director shall lift an order for the
suspension of admissions
when the director determines that the
violation that formed the basis
for the order has been
corrected.
(4) The director may order the placement of a monitor at a
residential facility for any violation specified in rules adopted
under division (G)(H)(2) of this section. The director shall lift
the order when the director determines that the violation that
formed the basis for the order
has been corrected.
(5) If the director determines that two or more residential
facilities owned or operated by the same person or government
entity are not being operated in compliance with a provision of
this chapter that applies to residential facilities or
the rules
adopted under such a provision, and the director's findings are
based
on the same or a substantially similar action, practice,
circumstance, or incident that creates a substantial risk to the
health and safety of the residents, the director shall conduct a
survey as soon as practicable at each residential facility owned
or operated by that person or government entity. The director may
take any action authorized by this section with respect to any
facility found to be operating in violation of a provision of this
chapter that applies to residential facilities or the
rules
adopted under such a provision.
(6) When the director initiates license revocation
proceedings,
no opportunity for submitting a plan of correction
shall be
given.
The director shall notify the licensee by letter
of the
initiation
of the proceedings. The letter shall list the
deficiencies of
the residential facility and inform the licensee
that no plan of
correction will be accepted. The director shall
also notify each
affected resident, the resident's guardian if
the
resident is an
adult for whom a guardian has been appointed,
the
resident's
parent or guardian if the resident is a minor, and
the
county
board of mental retardation and developmental
disabilities send a copy of the letter to the county board of mental retardation and developmental disabilities. The county board shall send a copy of the letter to each of the following:
(a) Each resident who receives services from the licensee;
(b) The guardian of each resident who receives services from the licensee if the resident has a guardian;
(c) The parent or guardian of each resident who receives services from the licensee if the resident is a minor.
(7) Pursuant to rules which shall be adopted in
accordance
with
Chapter 119. of the Revised Code, the director may order the
immediate removal of residents from a residential facility
whenever conditions at the facility present an immediate danger
of
physical or psychological harm to the residents.
(8) In determining whether a residential facility is being
operated in compliance with a provision of this chapter that
applies to residential facilities or the rules adopted
under such
a provision, or whether conditions at a residential facility
present
an immediate danger of physical or psychological harm to
the
residents, the director may rely on information obtained by a
county board of mental retardation and developmental disabilities
or other governmental agencies.
(9) In proceedings initiated to deny, refuse to renew, or
revoke licenses, the director may deny, refuse to renew, or revoke
a license
regardless of whether some or all of the deficiencies
that
prompted the proceedings have been corrected at the time of
the
hearing.
(E) The director shall establish a program
under which
public notification may be made when the director has initiated
license revocation proceedings or has issued an order for the
suspension of admissions, placement of a monitor, or removal of
residents. The director shall adopt rules in accordance with
Chapter 119. of the Revised Code to
implement this division. The
rules shall establish the procedures
by which the public
notification will be made and specify the
circumstances for which
the notification must be made.
The rules shall require that public
notification be made if the director
has
taken action against the
facility in the eighteen-month period
immediately preceding the
director's latest action against the
facility and the latest
action is being taken for the same or a
substantially similar
violation of a provision of this chapter that applies to
residential facilities or the rules
adopted under such a
provision. The rules shall specify a method for removing
or
amending the public notification if the
director's action is
found
to have been unjustified or the
violation at the residential
facility has been corrected.
(F)(1) Except as provided in division (F)(2) of this section,
appeals from proceedings initiated to
impose a sanction under division
(D) of this section shall be
conducted
in
accordance
with Chapter
119. of the Revised Code.
(2) Appeals from proceedings initiated to order the
suspension
of
admissions to a facility shall be conducted in
accordance with
Chapter 119. of the Revised Code, unless the order
was issued
before providing an opportunity for an adjudication, in
which case
all of the following apply:
(a) The licensee may request a hearing not later than
ten
days after receiving the notice specified in section 119.07 of
the
Revised Code.
(b) If a timely request for a hearing that includes the licensee's current address is made, the hearing
shall commence not later than thirty days after the department
receives the request.
(c) After commencing, the hearing shall continue
uninterrupted, except for Saturdays, Sundays, and legal holidays,
unless other interruptions are agreed to by the licensee and
the
director.
(d) If the hearing is conducted by a hearing examiner, the
hearing examiner shall file a report and recommendations not later
than ten days after the last of the following:
(i) The close of the hearing;
(ii) If a transcript of the proceedings is ordered, the hearing examiner receives the transcript;
(iii) If post-hearing briefs are timely filed, the hearing examiner receives the briefs.
(e) A copy of the written report and recommendation of the hearing examiner shall be sent, by certified mail, to the licensee and the licensee's attorney, if applicable, not later than five days after the report is filed.
(f) Not later than five days after the hearing examiner
files the report and recommendations, the licensee may file
objections to the report and recommendations.
(f)(g) Not later than fifteen days after the hearing examiner
files the report and recommendations, the director shall issue an
order approving, modifying, or disapproving the report and
recommendations.
(g)(h) Notwithstanding the pendency of the hearing, the
director shall lift the order for the suspension of admissions
when the director determines that the violation that formed the
basis for the order has been
corrected.
(G) Neither a person or government agency whose application for a license to operate a residential facility is denied nor a related party of the person or government agency may apply for a license to operate a residential facility before the date that is one year after the date of the denial. Neither a licensee whose residential facility license is revoked nor a related party of the licensee may apply for a residential facility license before the date that is five years after the date of the revocation.
(H) In accordance with Chapter 119. of the Revised Code, the
director shall adopt and may amend and rescind rules for
licensing
and regulating the operation of residential facilities, including intermediate care facilities for the mentally retarded. The rules for intermediate care facilities for the mentally retarded may differ from those for other residential facilities.
The rules
shall establish
and specify the following:
(1) Procedures
and criteria for issuing
and renewing
licenses, including procedures and criteria for determining the
length of the licensing period that the director must specify for
each license when it is issued or renewed;
(2) Procedures and criteria for denying,
refusing to renew,
terminating,
and revoking
licenses
and for ordering the suspension
of
admissions
to a facility, placement of a monitor
at a facility,
and the
immediate removal of residents from a facility;
(3) Fees for issuing
and renewing licenses, which shall be deposited into the program fee fund created under section 5123.033 of the Revised Code;
(4) Procedures for
surveying
residential
facilities;
(5) Requirements for the training of residential facility
personnel;
(6) Classifications for the various types of residential
facilities;
(7) Certification procedures for licensees and management
contractors that the director determines are necessary to ensure
that they have the skills and qualifications to properly operate
or manage residential facilities;
(8) The maximum number of persons who may be served in a
particular type of residential facility;
(9) Uniform procedures for admission of persons to and
transfers and discharges of persons from residential facilities;
(10) Other standards for the operation of residential
facilities and the services provided at residential facilities;
(11) Procedures for waiving any provision of any rule
adopted under this section.
(H)(I) Before issuing a license, the director of the
department
or the director's designee shall conduct
a survey of
the
residential facility for which application is
made. The
director
or the director's designee shall conduct
a
survey of
each licensed
residential facility at least
once
during the period the license is valid and may
conduct
additional inspections as needed.
A survey
includes
but is
not limited to an on-site examination and
evaluation of the
residential facility, its personnel, and the
services provided
there.
In conducting
surveys, the director or the
director's
designee
shall be given access to the residential
facility; all records,
accounts, and any other documents related
to the operation of the
facility; the licensee; the residents of
the facility; and all
persons acting on behalf of, under the
control of, or in
connection with the licensee. The licensee and
all persons on
behalf of, under the control of, or in connection
with the
licensee shall cooperate with the director or the
director's
designee in
conducting the
survey.
Following each
survey, unless the director
initiates a license revocation proceeding, the director or the
director's designee shall
provide the licensee with a report
listing any deficiencies,
specifying a timetable within which the
licensee shall submit a
plan of correction describing how the
deficiencies will be
corrected, and, when appropriate, specifying
a timetable within
which the licensee must correct the
deficiencies. After a plan
of
correction is submitted, the
director or the director's
designee
shall
approve or disapprove
the plan. A copy of the report and
any
approved plan of
correction shall be provided to any person
who
requests it.
The director shall
initiate disciplinary action against any
department employee who notifies or causes
the notification to any
unauthorized person of an unannounced
survey of a
residential facility by an authorized
representative of the
department.
(I)(J) In addition to any other information which may be
required of applicants for
a
license pursuant to this
section,
the
director shall require each applicant
to provide a
copy of an
approved plan for a proposed
residential facility
pursuant to
section 5123.042 of the Revised
Code.
This division does not apply
to renewal of a license.
(J)(K) A licensee shall notify the owner of the
building in
which the licensee's residential facility is located
of any
significant change in the identity of the licensee or
management
contractor before the effective date of the change if
the licensee
is not the owner of the building.
Pursuant to rules which shall
be adopted in
accordance
with
Chapter 119. of the Revised Code,
the director may
require
notification to the department of any
significant change
in the
ownership of a residential facility or
in the identity of
the
licensee or management contractor.
If the director determines that a
significant
change of
ownership
is proposed, the director shall
consider the
proposed
change to
be
an application for development
by a new
operator
pursuant to
section 5123.042 of the Revised Code
and
shall
advise
the
applicant within sixty days of the
notification
that
the
current
license shall continue in effect or
a new license
will be
required
pursuant to this section.
If the
director requires a new
license,
the director shall permit the
facility to continue to
operate
under the current license until
the new license is issued,
unless
the current license is revoked,
refused to be renewed, or
terminated in accordance with Chapter
119. of the Revised Code.
(K)(L) A county board of mental retardation and
developmental
disabilities, the legal rights service, and any
interested person
may file complaints alleging violations of
statute or department
rule relating to residential facilities with
the department. All
complaints shall be in writing and shall
state the facts
constituting the basis of the allegation. The
department shall
not reveal the source of any complaint unless the
complainant
agrees in writing to waive the right to
confidentiality or until
so ordered by a court of competent
jurisdiction.
The department shall
adopt rules
in accordance with Chapter 119. of the Revised Code establishing
procedures for the receipt, referral, investigation, and
disposition of complaints filed with the department under this
division.
(L)(M) The department shall establish procedures for the
notification of interested parties of the transfer or interim
care
of residents from residential facilities that are closing or
are
losing their license.
(M)(N)
Before issuing a license under this section to a
residential facility that will
accommodate at any time
more than
one mentally retarded or developmentally disabled
individual, the
director shall, by first class
mail, notify the following:
(1) If the facility will be located in a municipal
corporation, the clerk of the legislative authority of the
municipal corporation;
(2) If the facility will be located in unincorporated
territory, the clerk of the appropriate board of county
commissioners and the fiscal officer of the appropriate board of township
trustees.
The director shall
not
issue the license for ten
days
after
mailing the notice, excluding
Saturdays, Sundays, and legal
holidays, in order to give the
notified local officials time in
which to comment on the proposed
issuance.
Any legislative authority of a municipal corporation, board
of county commissioners, or board of township trustees that
receives notice under this division of the proposed issuance of a
license for a residential facility may comment on it in writing
to
the director within ten days after the director mailed the
notice,
excluding Saturdays, Sundays, and legal holidays. If the
director
receives written comments from any notified officials
within the
specified time, the director shall make written
findings
concerning the comments and the director's decision on the
issuance of the
license. If the director does not receive written
comments from
any notified local officials within the specified
time, the
director shall
continue the process for issuance of the
license.
(N)(O) Any person may operate a licensed residential
facility
that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least six but
not more than eight
persons with mental retardation or a
developmental disability as a
permitted use in any residential
district or zone, including any
single-family residential district
or zone, of any political
subdivision. These residential
facilities may be
required to comply with area,
height, yard, and
architectural compatibility requirements that
are uniformly
imposed upon all single-family residences within
the district or
zone.
(O)(P) Any person may operate a licensed residential
facility that provides room and board, personal care, habilitation
services,
and supervision in a family setting for at least nine
but not more than
sixteen persons with mental retardation or a
developmental
disability as a
permitted use in any multiple-family
residential district or zone
of any political subdivision, except
that a political subdivision
that has enacted a zoning ordinance
or resolution establishing
planned unit development districts may
exclude these
residential facilities from
those districts, and a
political subdivision that has enacted a
zoning ordinance or
resolution may regulate these
residential facilities in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under
reasonable and specific standards and conditions set out in the
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of
the
residential facility and the location, nature, and
height of any
walls,
screens, and fences to be compatible with adjoining land
uses and
the residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign
regulation;
(3) Limit excessive concentration of these residential
facilities.
(P)(Q) This section does not prohibit a political
subdivision
from applying to residential facilities
nondiscriminatory
regulations requiring compliance with health,
fire, and safety
regulations and building standards and
regulations.
(Q)(R) Divisions
(N)(O)
and
(O)(P) of this section are not
applicable to municipal corporations that had in effect on June
15, 1977, an ordinance specifically permitting in residential
zones licensed residential facilities by means of permitted uses,
conditional uses, or special exception, so long as such ordinance
remains in effect without any substantive modification.
(R)(S)(1) The director may issue an interim license to
operate a
residential facility to an applicant for a license under
this
section if
either of the following
is
the case:
(a) The director determines that an emergency exists
requiring immediate placement of persons in a residential
facility,
that insufficient licensed beds are available, and that the residential
facility
is likely to receive a
permanent license under this
section within
thirty
days after issuance of the interim license.
(b) The director determines that the issuance of an interim
license is necessary to meet a temporary need for a residential
facility.
(2) To be eligible to receive an interim license, an
applicant must meet the same criteria that must be met to receive
a permanent license under this section, except for any differing
procedures and time frames that may apply to issuance of a
permanent license.
(3) An interim license shall be valid for thirty days and
may
be renewed by the director
for a period not
to exceed one hundred fifty days.
(4) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code as the director considers
necessary to administer the issuance of interim licenses.
(S)(T) Notwithstanding rules adopted pursuant to this
section
establishing the maximum number of persons who may be
served in a
particular type of residential facility, a residential
facility
shall be permitted to serve the same number of persons
being
served by the facility on the effective date of the rules
or the
number of persons for which the facility is authorized
pursuant
to a current application for a certificate of need with a
letter
of support from the department of mental retardation and
developmental disabilities and which is in the review process
prior to April 4, 1986.
(T)(U) The director or the director's designee may enter at
any time,
for purposes of investigation, any home, facility, or
other
structure that has been reported to the director or that the
director has reasonable cause to believe is being operated as a
residential facility without a license issued under this section.
The director may petition the court of common pleas of the
county in which an unlicensed residential facility is located for
an order enjoining the person or governmental agency operating
the
facility from continuing to operate without a license. The
court
may grant the injunction on a showing that the person or
governmental agency named in the petition is operating a
residential facility without a license. The court may grant the
injunction, regardless of whether the residential facility meets
the requirements for receiving a license under this section.
Sec. 5123.196. (A) Except as provided in division (F) of this section, the director of mental retardation and developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section.
(B) Except as provided in division (D) of this section, the maximum number of beds for the purpose of division (A) of this section shall not exceed ten thousand eight hundred thirty-eight minus, except as provided in division (C) of this section, both of the following:
(1) The number of such beds that cease to be residential facility beds on or after July 1, 2003, because a residential facility license is revoked, terminated, or not renewed for any reason or is surrendered in accordance with section 5123.19 of the Revised Code and after the issuance of an adjudication order pursuant to Chapter 119. of the Revised Code;
(2) The number of such beds for which a licensee voluntarily converts to use for supported living on or after July 1, 2003.
(C) The director is not required to reduce the maximum number of beds pursuant to division (B) of this section by a bed that ceases to be a residential facility bed if the director determines that the bed is needed to provide services to an individual with mental retardation or a developmental disability who resided in the residential facility in which the bed was located unless the reason the bed ceases to be a residential facility bed is because it is converted to providing home and community-based services under the ICF/MR conversion pilot program that is authorized by a waiver sought under division (B)(1) of section 5111.88 of the Revised Code.
(D) The director shall increase the number of beds determined under division (B) of this section if necessary to enable the operator of a residential facility to do either of the following:
(1) Obtain a residential facility license as required by section 5111.8814 of the Revised Code;
(2) Reconvert beds to providing ICF/MR services under section 5111.8811 of the Revised Code.
(E) The director shall maintain an up-to-date written record of the maximum number of residential facility beds provided for by division (B) of this section.
(F) The director may issue an interim license under division (R)(S) of section 5123.19 of the Revised Code and issue, pursuant to rules adopted under division (G)(H)(11) of that section, a waiver allowing a residential facility to admit more residents than the facility is licensed to admit regardless of whether the interim license or waiver will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section.
Sec. 5123.198. (A) As used in this section, "date of the commitment" means the date that an individual specified in division (B) of this section begins to reside in a state-operated intermediate care facility for the mentally retarded after being committed to the facility pursuant to sections 5123.71 to 5123.76 of the Revised Code.
(B)
Except as provided in division (C) of this section, whenever a resident of a residential facility is committed to a state-operated intermediate care facility for the mentally retarded pursuant to sections 5123.71 to 5123.76 of the Revised Code, the department of mental retardation and developmental disabilities, pursuant to an adjudication order issued in accordance with Chapter 119. of the Revised Code, shall reduce by one the number of residents for which the facility in which the resident resided is licensed.
(C) The department shall not reduce under division (B) of this section the number of residents for which a residential facility is licensed if any of the following are the case:
(1) The resident of the residential facility who is committed to a state-operated intermediate care facility for the mentally retarded resided in the residential facility because of the closure, on or after the effective date of this section June 26, 2003, of another state-operated intermediate care facility for the mentally retarded;
(2)
The residential facility admits within ninety days of the date of the commitment an individual who resides on the date of the commitment in a state-operated intermediate care facility for the mentally retarded or another residential facility;
(3) The department fails to do either of the following within ninety days of the date of the commitment:
(a) Identify an individual to whom all of the following applies:
(i) Resides on the date of the commitment in a state-operated intermediate care facility for the mentally retarded or another residential facility;
(ii) Has indicated to the department an interest in relocating to the residential facility or has a parent or guardian who has indicated to the department an interest for the individual to relocate to the residential facility;
(iii) The department determines the individual has needs that the residential facility can meet.
(b) Provide the residential facility with information about the individual identified under division (C)(2)(a) of this section that the residential facility needs in order to determine whether the facility can meet the individual's needs.
(4) If the department completes the actions specified in divisions (C)(3)(a) and (b) of this section not later than ninety days after the date of the commitment and except as provided in division (D) of this section, the residential facility does all of the following not later than ninety days after the date of the commitment:
(a) Evaluates the information provided by the department;
(b) Assesses the identified individual's needs;
(c) Determines that the residential facility cannot meet the identified individual's needs.
(5) If the department completes the actions specified in divisions (C)(3)(a) and (b) of this section not later than ninety days after the date of the commitment and the residential facility determines that the residential facility can meet the identified individual's needs, the individual, or a parent or guardian of the individual, refuses placement in the residential facility.
(D) The department may reduce under division (B) of this section the number of residents for which a residential facility is licensed even though the residential facility completes the actions specified in division (C)(4) of this section not later than ninety days after the date of the commitment if all of the following are the case:
(1) The department disagrees with the residential facility's determination that the residential facility cannot meet the identified individual's needs.
(2) The department issues a written decision pursuant to the uniform procedures for admissions, transfers, and discharges established by rules adopted under division (G)(H)(9) of section 5123.19 of the Revised Code that the residential facility should admit the identified individual.
(3) After the department issues the written decision specified in division (D)(2) of this section, the residential facility refuses to admit the identified individual.
(E)
A residential facility that admits, refuses to admit, transfers, or discharges a resident under this section shall comply with the uniform procedures for admissions, transfers, and discharges established by rules adopted under division (G)(H)(9) of section 5123.19 of the Revised Code.
(F) The department of mental retardation and developmental disabilities may notify the department of job and family services of any reduction under this section in the number of residents for which a residential facility that is an intermediate care facility for the mentally retarded is licensed. On receiving the notice, the department of job and family services may transfer to the department of mental retardation and developmental disabilities the savings in the nonfederal share of medicaid expenditures for each fiscal year after the year of the commitment to be used for costs of the resident's care in the state-operated intermediate care facility for the mentally retarded. In determining the amount saved, the department of job and family services shall consider medicaid payments for the remaining residents of the facility in which the resident resided.
Sec. 5123.20. As used in this section, "supported living"
has the same meaning as in section 5126.01 of the Revised Code.
No person or government agency shall operate a residential
facility or receive a mentally retarded or developmentally
disabled person as a resident of a residential facility unless
the facility is licensed under section 5123.19 of the Revised
Code, and no person or governmental agency shall operate a
respite care home or receive a mentally retarded or
developmentally disabled person in a respite care home unless the
home is certified under section 5126.05 of the Revised Code.
No person or government agency shall provide supported
living unless that person or government agency is certified under
section 5126.431 of the Revised Code.
Sec. 5123.211. (A) As used in this section, "residential
services" and "supported living" have has the same meanings meaning as in
section 5126.01 of the Revised Code.
(B) The department of mental retardation and developmental
disabilities shall provide or arrange provision of residential
services for each person who, on or after July 1, 1989, ceases to
be a resident of a state institution because of closure of the
institution or a reduction in the institution's population by
forty per cent or more within a period of one year. The services
shall be provided in the county in which the person chooses to
reside and shall consist of one of the following as determined
appropriate by the department in consultation with the county
board of mental retardation and developmental disabilities of the
county in which the services are to be provided:
(1) Residential services provided pursuant to section
5123.18 of the Revised Code;
(2) Supported living provided pursuant to section 5123.182
of the Revised Code;
(3) Residential services for which reimbursement is made
under the medical assistance program established under section
5111.01 of the Revised Code;
(4)(3) Residential services provided in a manner or setting
approved by the director of mental retardation and developmental
disabilities.
(C) Not less than six months prior to closing a state
institution or reducing a state institution's population by forty
per cent or more within a period of one year, the department
shall identify those counties in which individuals leaving the
institution have chosen to reside and notify the county boards of
mental retardation and developmental disabilities in those
counties of the need to develop the services specified in
division (B) of this section. The notice shall specify the
number of individuals requiring services who plan to reside in
the county and indicate the amount of funds the department will
use to provide or arrange services for those individuals.
(D) In each county in which one or more persons receive
residential services pursuant to division (B) of this section,
the department shall provide or arrange provision of residential
services, or shall distribute moneys to the county board of
mental retardation and developmental disabilities to provide or
arrange provision of residential services, for an equal number of
persons with mental retardation or developmental disabilities in
that county who the county board has determined need residential
services but are not receiving them.
Sec. 5123.38. (A) Except as provided in division (B) and (C) of this section, if an individual receiving supported living or home and community-based services, as defined in section 5126.01 of the Revised Code, funded by a county board of mental retardation and developmental disabilities is committed to a state-operated intermediate care facility for the mentally retarded pursuant to sections 5123.71 to 5123.76 of the Revised Code, the department of mental retardation and developmental disabilities shall use the funds otherwise allocated to the county board as the nonfederal share of medicaid expenditures for the individual's care in the state-operated facility.
(B) Division (A) of this section does not apply if the county board, not later than ninety days after the date of the commitment of a person receiving supported services, commences funding of supported living for an individual who resides in a state-operated intermediate care facility for the mentally retarded on the date of the commitment or another eligible individual designated by the department.
(C) Division (A) of this section does not apply if the county board, not later than ninety days after the date of the commitment of a person receiving home and community-based services, commences funding of home and community-based services for an individual who resides in a state-operated intermediate care facility for the mentally retarded on the date of the commitment or another eligible individual designated by the department.
Sec. 5123.41. As used in this section and sections
5123.42
to 5123.47 of the Revised Code:
(A) "Adult services" has the same meaning as in section
5126.01 of the Revised Code.
(B) "Certified home and community-based services provider"
means a person or government entity certified under section
5123.16 of the Revised Code.
(C) "Certified supported living provider" means a person or
government entity certified under section 5126.431 5123.161 of the Revised
Code.
(D)(C)
"Drug" has the same meaning as in section 4729.01 of
the
Revised Code.
(E)(D) "Family support services" has the same meaning as in
section 5126.01 of the Revised Code.
(F)(E) "Health-related activities" means the following:
(2) Application of clean dressings that do not require
health
assessment;
(3) Basic measurement of bodily intake and output;
(6) External urinary catheter care;
(7) Emptying and replacing colostomy bags;
(8) Collection of specimens by noninvasive means.
(G)(F) "Licensed health professional authorized to prescribe
drugs" has the same meaning as in section 4729.01 of the Revised
Code.
(H) "Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
(I)(G) "MR/DD personnel" means the employees and the workers
under
contract who provide
specialized services to individuals
with
mental retardation and
developmental disabilities. "MR/DD
personnel" includes those who provide the services as follows:
(1) Through
direct employment with the department of mental
retardation and
developmental disabilities or a county board of
mental retardation
and developmental disabilities;
(2) Through an
entity under contract with the department of
mental retardation
and developmental disabilities or a county
board of mental
retardation and developmental disabilities;
(3) Through
direct employment or by being under contract
with private
entities, including private entities that operate
residential
facilities.
(J)(H) "Nursing delegation" means the process established in
rules adopted by the board of nursing pursuant to Chapter 4723. of
the Revised Code under which a registered nurse or licensed
practical nurse acting at the direction of a registered nurse
transfers the performance of a particular nursing activity or task
to another person who is not otherwise authorized to perform
the
activity or task.
(K)(I) "Prescribed medication" means a drug that is to be
administered according to the instructions of a licensed health
professional authorized to prescribe drugs.
(L)(J) "Residential facility" means a facility licensed under
section 5123.19 of the Revised Code or subject to section 5123.192
of the Revised Code.
(M)(K) "Specialized services" has the same meaning as in
section 5123.50 of the Revised Code.
(N)(L) "Tube feeding" means the provision of nutrition to an
individual through a gastrostomy tube or a jejunostomy tube.
Sec. 5123.51. (A) In addition to any other action required by
sections 5123.61 and 5126.31 of the Revised Code, the
department of mental retardation and developmental disabilities shall review
each report the department receives of abuse or neglect of an individual
with mental retardation or a developmental disability
or misappropriation of an individual's property that includes an
allegation that an MR/DD employee committed or was responsible for
the abuse, neglect, or misappropriation. The department shall review a report
it receives from a public children services agency only after the agency
completes its investigation pursuant to section 2151.421 of the
Revised Code. On receipt of a notice under section 2930.061 or 5123.541 of the Revised Code, the department shall review the notice.
(B) The department shall do both of the
following:
(1) Investigate the allegation
or adopt the findings of an investigation
or review of the allegation conducted by another person or government entity
and determine whether there is a reasonable basis for the allegation;
(2) If the department determines that there is a reasonable basis for the
allegation, conduct an adjudication pursuant to Chapter 119.
of the Revised Code.
(C)(1) The department shall appoint an
independent hearing officer to conduct any hearing conducted pursuant to
division (B)(2) of this section, except that, if the hearing
is regarding an employee of the department who is represented by a
union, the department and a representative of the union shall jointly
select the hearing officer.
(2)(a) Except as provided in division (C)(2)(b) of this section, no hearing shall be conducted
under division (B)(2) of this section until any criminal proceeding
or collective bargaining arbitration concerning the same allegation has
concluded.
(b) The department may conduct a hearing pursuant to division (B)(2) of this section before a criminal proceeding concerning the same allegation is concluded if both of the following are the case:
(i) The department notifies the prosecutor responsible for the criminal proceeding that the department proposes to conduct a hearing.
(ii) The prosecutor consents to the hearing.
(3) In conducting a hearing pursuant to division (B)(2) of this
section, the hearing officer shall do all of the following:
(a) Determine whether there is clear and convincing evidence that
the MR/DD employee has done any of the following:
(i) Misappropriated property of one or more individuals with mental
retardation or a developmental disability that has a value, either separately or taken together, of one hundred dollars or more;
(ii) Misappropriated property of an individual with mental retardation or a developmental disability that is designed to be used as a check, draft, negotiable instrument, credit card, charge card, or device for initiating an electronic fund transfer at a point of sale terminal, automated teller machine, or cash dispensing machine;
(iii) Knowingly abused such an individual;
(iv) Recklessly abused or neglected such an individual, with
resulting physical harm;
(v) Negligently abused or neglected such an individual, with
resulting serious physical harm;
(vi) Recklessly neglected such an individual, creating a substantial risk of serious physical harm;
(vii) Engaged in sexual conduct or had sexual contact with an individual with mental retardation or another developmental disability who was not the MR/DD employee's spouse and for whom the MR/DD employee was employed or under a contract to provide care;
(viii) Unreasonably failed to make a report pursuant to division (C) of section 5123.61 of the Revised Code when the employee knew or should have known that the failure would result in a substantial risk of harm to an individual with mental retardation or a developmental disability.
(b) Give weight to the decision in any collective bargaining
arbitration regarding the same allegation;
(c) Give weight to any relevant facts presented at the hearing.
(D)(1) Unless the director of mental retardation and
developmental
disabilities determines that there are extenuating circumstances and except as
provided in division (E) of this section, if the director, after considering all of the factors listed in division (C)(3) of this section, finds that there is clear and convincing evidence
that an MR/DD
employee has done one or more of the things described in division
(C)(3)(a) of this section the director shall include the name of the employee in the registry established under section 5123.52 of the Revised Code.
(2) Extenuating circumstances the director must consider include the use
of physical force by an MR/DD employee that was necessary as
self-defense.
(3) If the director includes an MR/DD employee in
the registry established under section 5123.52 of the Revised Code, the
director shall notify
the employee, the person or government entity that employs or contracts with
the employee,
the individual with mental retardation or a developmental disability who was
the subject of
the report and that individual's legal guardian, if any, the attorney general,
and the prosecuting attorney or other
law enforcement agency. If the MR/DD employee holds a
license,
certificate, registration, or other authorization to engage in a profession
issued pursuant to Title XLVII of the Revised
Code,
the director shall notify the appropriate agency, board, department, or
other entity
responsible for regulating the employee's professional practice.
(4) If an individual whose name appears on the registry is involved in a court proceeding or arbitration arising from the same facts as the allegation resulting in the individual's placement on the registry, the disposition of the proceeding or arbitration shall be noted in the registry next to the individual's name.
(E) In the case of an allegation
concerning an employee of the department, after the hearing conducted
pursuant to division (B)(2) of this section, the director
of health or that director's designee shall review the decision of the
hearing officer to determine whether the standard described
in division (C)(3) of this section has been met. If the director
or designee determines that the standard has been met and that no extenuating
circumstances exist, the director
or designee shall notify the director of mental retardation and
developmental disabilities that the MR/DD employee is to be
included in the registry established under section 5123.52 of the
Revised Code. If the director of mental
retardation and developmental disabilities receives such notification,
the director shall include the MR/DD employee in the
registry and
shall provide the notification described in division (D)(3) of
this section.
(F) If the department is required by Chapter 119. of the Revised Code to give notice of an opportunity for a hearing and the MR/DD employee subject to the notice does not timely request a hearing in accordance with section 119.07 or 5123.0414 of the Revised Code, the department is not required to hold a hearing.
(G) Files and records of investigations conducted pursuant to this
section are not public records as defined in section 149.43 of the
Revised Code, but, on request, the department shall provide
copies of those files and records to the attorney general, a prosecuting
attorney, or a law enforcement agency.
Sec. 5123.60. (A) A legal rights service is hereby
created
and established to protect and advocate the rights of
mentally ill
persons, mentally retarded persons, developmentally
disabled
persons, and other disabled persons who may be represented by the
service pursuant to division (L) of this section; to receive and
act upon
complaints concerning
institutional and hospital
practices and conditions of
institutions for mentally retarded or
developmentally disabled
persons and hospitals for the mentally
ill; and to assure that
all persons detained, hospitalized,
discharged, or
institutionalized, and all persons whose detention,
hospitalization, discharge, or institutionalization is sought or
has been sought under this chapter or Chapter 5122. of the
Revised
Code are fully informed of their rights and adequately
represented
by counsel in proceedings under this chapter or
Chapter 5122. of
the Revised Code and in any proceedings to
secure the rights of
those persons. Notwithstanding the
definitions of
"mentally
retarded person" and
"developmentally disabled person" in section
5123.01 of the
Revised Code, the
legal rights service shall
determine who is a mentally retarded
or developmentally disabled
person for purposes of this section
and sections 5123.601 to
5123.604 of the Revised Code.
(B)(1) In regard to those persons detained, hospitalized, or
institutionalized under Chapter 5122. of the Revised Code, the
legal rights service shall undertake formal representation only
of
those persons who are involuntarily detained, hospitalized, or
institutionalized pursuant to sections 5122.10 to 5122.15 of the
Revised Code, and those voluntarily detained, hospitalized, or
institutionalized who are minors, who have been adjudicated
incompetent, who have been detained, hospitalized, or
institutionalized in a public hospital, or who have requested
representation by the legal rights service. If
(2) If a person referred
to in division (A) of this section voluntarily requests in
writing
that the legal rights service terminate participation in
the
person's case, such involvement shall cease.
(3) Persons described in divisions (A) and (B)(1) of this section who are represented by the legal rights service are clients of the legal rights service.
(C) Any person voluntarily hospitalized or
institutionalized
in a public hospital under division (A) of
section 5122.02 of the
Revised Code, after being fully informed
of the person's rights
under division (A) of this
section, may, by
written
request, waive
assistance by the legal rights service if
the
waiver is knowingly
and intelligently made, without duress or
coercion.
The waiver may be rescinded at any time by the voluntary
patient or resident, or by the voluntary patient's or
resident's
legal guardian.
(D)(1) The legal rights service commission is hereby created
for the purposes of appointing an administrator of the legal
rights service, advising the administrator, assisting the
administrator in developing a budget, advising the administrator in establishing and annually reviewing a strategic plan, creating a procedure for filing and determination of grievances against the legal rights service, and establishing general
policy guidelines, including guidelines for the commencement of litigation, for the legal rights service. The commission may adopt rules to carry these purposes into effect and
may receive and act upon appeals of personnel decisions by the
administrator.
(2) The commission shall consist of seven members. One
member,
who shall serve as chairperson, shall be appointed by
the
chief
justice of the supreme court, three members shall be
appointed by
the speaker of the house of representatives, and
three members
shall be appointed by the president of the senate.
At least two
members shall have experience in the field of
developmental
disabilities, and at least two members shall have
experience in
the field of mental health. No member shall be a
provider or
related to a provider of services to mentally
retarded,
developmentally disabled, or mentally ill persons.
(3) Terms of office
of the members of the commission shall
be
for three years, each term ending on the
same day of the month
of the year as did the term which it
succeeds. Each member shall
serve subsequent to the expiration
of the member's term until a
successor is
appointed and qualifies, or
until sixty days has
elapsed, whichever occurs first.
No member shall serve more
than
two consecutive terms.
All
vacancies
in the membership of the commission shall be
filled in the manner prescribed for
regular appointments to
the
commission and shall be limited to
the unexpired terms.
(4) The commission shall meet at least four times each year.
Members shall be reimbursed for their necessary and actual
expenses incurred in the performance of their official duties.
(5) The administrator of the legal rights service shall serve at the pleasure of the commission.
The administrator shall be a person who has had special
training and experience in the type of work with which the legal
rights service is charged. If the administrator is not an
attorney, the administrator shall seek legal counsel when
appropriate an attorney admitted to practice law in this state. The
salary of the administrator shall be established
in accordance
with section 124.14 of the Revised Code.
(E) The legal rights service shall be completely
independent
of the department of mental health and the department
of mental
retardation and developmental disabilities and,
notwithstanding
section 109.02 of the Revised Code, shall also be
independent of
the office of the attorney general. The
administrator of the
legal rights service, staff, and attorneys
designated by the
administrator to represent persons
detained,
hospitalized, or
institutionalized under this chapter or Chapter 5122. of the
Revised Code shall have ready access
to the following:
(1) During normal business hours and at other reasonable
times,
all records, except records of community residential facilities and records of contract agencies of county boards of mental retardation and developmental disabilities and boards of alcohol, drug addiction and mental health services, relating to expenditures of state and
federal
funds or to the commitment, care, treatment, and
habilitation of
all persons represented by the legal rights
service, including
those who may be represented pursuant to
division (L) of
this
section, or persons detained, hospitalized,
institutionalized, or
receiving services under this chapter or
Chapter 340., 5119.,
5122., or 5126. of the Revised Code that are
records maintained by
the
following entities providing services
for those persons:
departments;
institutions; hospitals;
community residential
facilities; boards of alcohol,
drug
addiction, and mental health
services; county boards of mental
retardation and developmental
disabilities; contract agencies of
those boards;
and any other
entity providing services to persons
who may be represented by
the
service pursuant to division (L) of
this section;
(2)
Any records maintained in computerized data banks
of the
departments or boards or, in the case of persons who may be
represented
by the service pursuant to division (L) of this
section, any other entity that
provides services to those persons;
(3) During their normal working hours,
personnel of the
departments, facilities, boards, agencies,
institutions,
hospitals,
and other service-providing entities;
(4) At any time,
all persons detained, hospitalized, or
institutionalized; persons receiving services under this chapter
or
Chapter 340., 5119., 5122., or 5126. of the Revised Code; and
persons who may
be represented by the service pursuant to division
(L) of this section.
(5) Records of a community residential facility, a contract agency of a board of alcohol, drug addiction, and mental health services, or a contract agency of a county board of mental retardation and developmental disabilities with one of the following consents:
(a) The consent of the person, including when the person is a minor or has been adjudicated incompetent;
(b) The consent of the person's guardian of the person, if any, or the parent if the person is a minor;
(c) No consent, if the person is unable to consent for any reason, and the guardian of the person, if any, or the parent of the minor, has refused to consent or has not responded to a request for consent and either of the following has occurred:
(i) A complaint regarding the person has been received by the legal rights service;
(ii) The legal rights service has determined that there is probable cause to believe that such person has been subjected to abuse or neglect.
(F) The administrator of the legal rights service shall
do
the following:
(1) Administer and organize the work of the legal rights
service and establish administrative or geographic divisions as
the administrator considers necessary, proper, and expedient;
(2) Adopt and promulgate rules that are not in conflict with rules adopted by the commission and prescribe duties for
the
efficient conduct of the business and general administration
of
the legal rights service;
(3) Appoint and discharge employees, and hire
experts,
consultants, advisors, or other professionally qualified
persons
as the administrator considers necessary to carry out
the duties
of the
legal rights service;
(4) Apply for and accept grants of funds, and accept
charitable gifts and bequests;
(5) Prepare and submit a budget to the general assembly
for
the operation of the legal rights service. At least thirty days prior to submitting the budget to the general assembly, the administrator shall provide a copy of the budget to the commission for review and comment. When submitting the budget to the general assembly, the administrator shall include a copy of any written comments returned by the commission to the administrator.
(6) Enter into contracts and make
expenditures
necessary
for the efficient operation of the legal rights
service;
(7) Annually prepare a report of activities and submit
copies of the report to the governor, the chief justice of the
supreme court, the president of the senate, the speaker of the
house of representatives, the director of mental health, and the
director of mental retardation and developmental disabilities,
and
make the report available to the public;
(8) Upon request of the commission or of the chairperson of the commission, report to the commission on specific litigation issues or activities.
(G)(1) The legal rights service may act directly or contract
with other organizations or individuals for the provision of the
services envisioned under this section.
(2) Whenever possible, the
administrator shall attempt to
facilitate the resolution of
complaints through administrative
channels.
Subject to division (G)(3) of this section, if attempts
at
administrative resolution
prove
unsatisfactory, the
administrator
may pursue any legal,
administrative,
and other
appropriate
remedies or
approaches that
may be necessary to
accomplish the
purposes of this section.
(3) The administrator may not pursue a class action lawsuit
under division (G)(2) of this section when attempts at
administrative resolution of a complaint prove unsatisfactory
under that division unless both of the following have first
occurred:
(a) At least four members of the commission, by their
affirmative vote, have consented to the pursuit of the class
action lawsuit;
(b) At least five members of the commission are present at
the meeting of the commission at which that consent is obtained.
(4) All records received or maintained by the legal rights service in connection with any investigation, representation, or other activity under this section shall be confidential and shall not be disclosed except as authorized by the person represented by the legal rights service or, subject to any privilege, a guardian of the person or parent of the minor. Subject to division (G)(5) of this section, relationships between personnel and the agents of
the
legal
rights
service and its clients shall be fiduciary
relationships,
and all
communications shall be confidential, privileged as if
between
attorney and
client.
(5) Any person who has been represented by the legal rights service or who has applied for and been denied representation and who files a grievance with the service concerning the representation or application may appeal the decision of the service on the grievance to the commission. The person may appeal notwithstanding any objections of the person's legal guardian. The commission may examine any records relevant to the appeal and shall maintain the confidentiality of any records that are required to be kept confidential.
(H)
The legal
rights service, on the order of the
administrator, with the
approval
by an affirmative vote of at
least four members of the commission, may compel by
subpoena the
appearance
and sworn testimony of any person the
administrator
reasonably
believes may be able to provide
information or to
produce any
documents, books, records, papers,
or other
information necessary
to carry out its duties. On the refusal of any person to produce or authenticate any requested documents, the legal rights service may apply to the Franklin county court of common pleas to compel the production or authentication of requested documents. If the court finds that failure to produce or authenticate any requested documents was improper, the court may hold the person in contempt as in the case of disobedience of the requirements of a subpoena issued from the court, or a refusal to testify in the court.
(I) The legal rights service may conduct public hearings.
(J) The legal rights service may request from any
governmental agency any cooperation, assistance, services, or
data
that will enable it to perform its duties.
(K) In any malpractice action filed against the
administrator of the legal rights service, a member of the staff
of the legal rights service, or an attorney designated by the
administrator to perform legal services under division (E) of
this
section, the state shall, when the administrator, member, or
attorney has acted in good faith and in the scope of
employment,
indemnify the administrator, member, or attorney for
any judgment
awarded or amount negotiated in settlement, and for
any court
costs or legal fees incurred in defense of the claim.
This division does not limit or waive, and shall not be
construed to limit or waive, any defense that is available to the
legal rights service, its administrator or employees, persons
under a personal services contract with it, or persons designated
under division (E) of this section, including, but not limited
to,
any defense available under section 9.86 of the Revised Code.
(L) In addition to providing services to mentally ill,
mentally retarded, or developmentally disabled persons, when a
grant authorizing the provision of services to other individuals
is accepted pursuant to division (F)(4) of this section, the
legal
rights service and its ombudsperson section may
provide
advocacy
or ombudsperson services to those other
individuals and
exercise
any other authority granted by this section or sections
5123.601
to 5123.604 of the Revised Code on behalf of those
individuals.
Determinations of whether an individual is eligible
for services
under this division shall be made by the legal
rights service.
Sec. 5123.602. The ombudsman (A) Except as provided in division (B) of this section, the ombudsperson section of the legal
rights service may, in
order
to carry out its duties under this chapter, make necessary inquiries and
obtain
information it considers necessary. For those purposes Upon receiving a complaint and in the course of conducting an investigation in accordance with division (B) of section 5123.601 of the Revised Code, the section shall have
ready access to the premises and records of all providers of services to
mentally retarded, developmentally disabled, or mentally ill persons and shall
have the right to communicate in a private and confidential setting with any
mentally retarded, developmentally disabled, or mentally ill persons, with
their parents, guardians, or advocates, and with employees of any provider.
(B) Records held by community residential facilities, contract agencies of boards of alcohol, drug addiction, and mental health services, and contract agencies of county boards of mental retardation and developmental disabilities shall only be accessible by the ombudsperson section of the legal rights service in a situation as described in division (E)(5) of section 5123.60 of the Revised Code.
Sec. 5123.605. There is hereby created in the state treasury the program income fund. Revenue generated from settlements, gifts, donations, and other sources of legal rights service program income shall be credited to the fund. The program income fund shall be used to support legal rights service programs for purposes from which the income was derived and for the general support of legal rights service programs.
Sec. 5123.99. (A) Whoever violates section 5123.16 or 5123.20 of the Revised Code is
guilty of a misdemeanor of the first degree.
(B) Whoever violates division (C), (E), or (G)(3) of section 5123.61 of the
Revised Code is guilty of a misdemeanor of the fourth degree or, if the abuse or neglect constitutes a felony, a misdemeanor of the second degree. In addition to any other sanction or penalty authorized or required by law, if a person who is convicted of or pleads guilty to a violation of division (C), (E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD employee, as defined in section 5123.50 of the Revised Code, the offender shall be eligible to be included in the registry regarding misappropriation, abuse, neglect, or other specified misconduct by MR/DD employees established under section 5123.52 of the Revised Code.
(C) Whoever violates division (A) of section 5123.604 of the Revised Code is
guilty of a misdemeanor of the second degree.
(D) Whoever violates division (B) of section 5123.604 of the Revised Code
shall be fined not more than one thousand dollars. Each violation constitutes
a separate offense.
Sec. 5126.038. (A)(1) As used in this section, "professional services" means all of the following services provided on behalf of a county board of mental retardation and developmental disabilities, members or employees of a county board, or both:
(a)(1) Lobbying and other governmental affairs services;
(b)(2) Legal services other than the legal services provided by a county prosecutor or provided for the purpose of collective bargaining;
(c)(3) Public relation services;
(d)(4) Consulting services;
(e)(5) Personnel training services, not including tuition or professional growth reimbursement programs for county board members or employees.
(2) "Professional services" does not mean services provided pursuant to a service contract as defined in section 5126.035 of the Revised Code.
(B) Each county board of mental retardation and developmental disabilities shall submit to the board of county commissioners of each county that is served by the county board, in accordance with the normal budget process and as part of its budget request, a list identifying the total expenditures projected for any of the following:
(1) Any membership dues of the members or employees of the county board, in any organization, association, or other entity;
(2) Any professional services of the county board, its members or employees, or both;
(3) Any training of the members or employees of the county board.
Sec. 5126.04. (A) Each county board
of mental retardation and developmental disabilities shall plan and set
priorities based on available resources for the provision of facilities,
programs, and other services to meet the needs of county residents who are
individuals with mental retardation and other developmental disabilities,
former residents of the county residing in state institutions or placed under
purchase of service agreements under section 5123.18 of the Revised Code, and
children subject to a determination made pursuant to section 121.38 of the
Revised Code.
Each county board shall assess the facility and service needs of the
individuals with mental retardation and other developmental disabilities who
are residents of the county or former residents of the county residing in
state institutions or placed under purchase of service agreements under
section 5123.18 of the Revised Code.
Each county board shall require individual habilitation or service plans
for individuals with mental retardation and other developmental disabilities
who are being served or who have been determined eligible for services and are
awaiting the provision of services. Each board shall ensure that methods of
having their service needs evaluated are available.
(B) The department of mental retardation and developmental disabilities may
adopt rules in accordance with Chapter 119. of the Revised Code as necessary
to implement this section. To the extent that rules adopted under this
section apply to the identification and placement of handicapped children
with disabilities under Chapter 3323. of the Revised Code, the rules shall be consistent with
the standards and procedures established under sections 3323.03 to 3323.05 of
the Revised Code.
(C) The responsibility or authority of a
county board to provide services under this chapter does not affect the
responsibility of any other entity of state or local government to provide
services to individuals with mental retardation and developmental
disabilities.
(D) On or before the first day of
February prior to a school
year, a county board of mental retardation and developmental
disabilities may elect not to participate during that school
year in the provision of or contracting for educational services
for children ages six through twenty-one years of age, provided
that on or before that date the board gives notice of this
election to the superintendent of public instruction, each
school district in the county, and the educational service
center serving the county. If a board makes this election, it
shall not have any responsibility for or authority to provide
educational services that school year for children ages six
through twenty-one years of age. If a board does not make an
election for a school year in accordance with this division, the
board shall be deemed to have elected to participate during that
school year in the provision of or contracting for educational
services for children ages six through twenty-one years of
age.
(E) If a county board of
mental retardation and developmental disabilities elects to
provide educational services during a school year to individuals
six through twenty-one years of age who are multiply
handicapped have multiple disabilities, the board may provide these services to individuals
who are appropriately identified and determined eligible
pursuant to Chapter 3323. of
the Revised
Code, and in accordance with
applicable rules of the state board of education. The county
board may also provide related services to individuals six
through twenty-one years of age who have one or more disabling
conditions, in accordance with section 3317.20 and
Chapter 3323. of the
Revised
Code and applicable rules of
the state board of education.
Sec. 5126.041. (A) As used in this section:
(1) "Biological risk" and "environmental risk" have the
meanings established
pursuant to section 5123.011 of the Revised
Code.
(2) "Handicapped preschool Preschool child with a disability" has the same meaning as in
section 3323.01
of the Revised Code.
(3) "State institution" means all or part of an
institution
under the control of the department of mental
retardation and
developmental disabilities pursuant to section
5123.03 of the
Revised Code and maintained for the care,
treatment, and training
of the mentally retarded.
(B) Except as provided in division (C) of this section,
each
county board of mental retardation and developmental
disabilities
shall make eligibility determinations in accordance
with the
definition of "developmental disability" in section
5126.01 of the
Revised Code. Pursuant to rules the department of
mental
retardation and developmental disabilities shall adopt in
accordance with Chapter 119. of the Revised Code, a county board
may establish eligibility for programs and services for either of
the following:
(1) Individuals under age six who have a biological risk
or
environmental risk of a developmental delay;
(2) Any handicapped preschool child with a disability eligible for services
under section 3323.02 of the Revised Code whose handicap disability is not
attributable solely to mental illness as defined in section
5122.01 of the Revised Code.
(C)(1) A county board shall make determinations of
eligibility for
service and support
administration in accordance with
rules adopted under
section
5126.08 of the Revised Code.
(2) All persons who were eligible for services and
enrolled
in programs offered by a county board of mental
retardation and
developmental disabilities pursuant to this
chapter on July 1,
1991, shall continue to be eligible for those
services and to be
enrolled in those programs as long as they are
in need of
services.
(3) A person who resided in a state institution on or
before
October 29, 1993, is eligible for programs and services offered by
a
county board of mental
retardation and developmental
disabilities, unless the person is
determined by the county board
not to be in need of those
programs and services.
(D) A county board shall refer a person who requests but
is
not eligible for programs and services offered by the board to
other entities of state and local government or appropriate
private entities that provide services.
(E) Membership of a person on, or employment of a person by,
a
county board of mental retardation and developmental
disabilities
does not affect the
eligibility of any member of that
person's family for
services provided by the board or by any
entity under contract with the board.
Sec. 5126.042. (A) As used in this section, "emergency" means any situation that creates for an
individual with mental retardation or developmental disabilities a
risk of
substantial self-harm or substantial harm to others if
action is not taken
within thirty days. An
"emergency" may
include one or more of the following
situations:
(1) Loss of present residence for any reason, including
legal
action;
(2) Loss of present caretaker for any reason, including
serious
illness of the caretaker, change in the caretaker's
status, or inability of
the caretaker to perform effectively for
the individual;
(3) Abuse, neglect, or exploitation of the individual;
(4) Health and safety conditions that pose a serious risk to
the
individual or others of immediate harm or death;
(5) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot
be
reasonably provided by the individual's existing caretaker.
(B) If a county board of mental
retardation and
developmental disabilities determines that
available resources are
not sufficient to meet the needs of all
individuals who request
programs and services and may be offered
the programs and
services, it shall establish waiting lists for
services. The
board may establish priorities for making placements on its
waiting lists according to an individual's emergency
status
and
shall establish priorities in accordance with divisions
(D) and (E) of this
section.
The individuals who may be placed on a waiting list include
individuals
with a need for services on an emergency
basis and
individuals who
have requested services for which
resources are
not available.
Except for an individual who is to receive priority for
services pursuant to division (D)(3) of this section, an
individual who currently receives a service but would like
to
change
to another service shall not be placed on a waiting list
but shall be placed
on a service substitution list. The
board
shall work with the individual,
service providers, and all
appropriate entities to facilitate the change in
service as
expeditiously as possible. The board may establish priorities for
making placements on its service substitution lists
according to
an
individual's emergency
status.
In addition to maintaining waiting lists and service
substitution lists,
a board shall maintain a long-term
service
planning registry for individuals
who wish to record their
intention
to request in the future a service they are not
currently receiving. The
purpose of the registry is to enable
the
board to document requests and to plan appropriately. The board
may not
place an individual on the registry who meets the
conditions for receipt of
services on an emergency
basis.
(C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists:
(1) Early childhood services;
(2) Educational programs for preschool and school age
children;
(4)
Service and support
administration;
(5) Residential services and supported living;
(6) Transportation services;
(7) Other services determined necessary and appropriate
for
persons with
mental retardation or a developmental disability
according to their
individual habilitation or service plans;
(8) Family support services provided under section 5126.11
of the Revised
Code.
(D)
Except as provided in division
(G) of this section, a
county board shall do, as priorities, all of the following in
accordance with the
assessment component, approved under section
5123.046 of the Revised Code, of the
county
board's plan
developed
under section
5126.054 of the Revised
Code:
(1) For the purpose of obtaining additional federal
medicaid
funds for home and community-based services and medicaid
case
management services, do
both of
the following:
(a) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include supported living,
residential services, or family support services:
(i) Is twenty-two years of age or older;
(ii) Receives supported living or family support services.
(b) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include adult services:
(i) Resides in the individual's own home or the home of the
individual's family and will continue to reside in that home after
enrollment in home and community-based services;
(ii) Receives adult services from the county board.
(2) As federal medicaid funds become available pursuant to
division (D)(1) of this section,
give an
individual who is
eligible for home and community-based services
and meets any of
the following requirements priority for such services over any
other individual on a waiting list established under division (C)
of this section:
(a) Does not receive residential services or supported
living, either needs services in the individual's current living
arrangement or will need services in a new living arrangement, and
has a primary caregiver who is sixty years of age or older;
(b) Is less than twenty-two years of age and has at least
one of the following
service needs that are
unusual in scope or
intensity:
(i) Severe behavior problems for
which a behavior support
plan is needed;
(ii) An emotional disorder for which anti-psychotic
medication is needed;
(iii) A medical condition that leaves the individual
dependent on life-support medical technology;
(iv) A condition affecting multiple body systems for which
a
combination of specialized medical, psychological, educational,
or
habilitation services are needed;
(v) A condition the county board determines to be
comparable
in severity to any condition described in division divisions
(D)(2)(b)(i)
to
(iv) of this section and places the individual at
significant
risk
of institutionalization.
(c) Is twenty-two years of age or older, does not receive
residential services or supported living, and is determined
by
the
county board to have intensive needs for
home and
community-based
services
on an in-home or out-of-home basis.
(3) In fiscal years 2002 and 2003, give an individual who
is
eligible for home and community-based services, resides in an
intermediate care facility for the
mentally retarded or nursing
facility, chooses to move to
another
setting with the help of
home
and community-based services, and has been determined by the
department of mental retardation and developmental
disabilities to
be capable of residing in
the other setting, priority over any
other individual on a waiting list established under division (C)
of this section for home and community-based services who does not
meet these criteria. The department of mental retardation and
developmental disabilities shall identify the individuals to
receive priority under division (D)(3) of this section, assess the
needs of the individuals, and notify the county boards that are to
provide the individuals priority under division (D)(3) of this
section of the individuals identified by the department and the
individuals' assessed needs.
(E) Except as provided in division (G) of this section and for a number of years and beginning on a date specified in rules adopted under division (K) of this section, a county board shall give an individual who is eligible for home and community-based services, resides in a nursing facility, and chooses to move to another setting with the help of home and community-based services, priority over any other individual on a waiting list established under division (C) of this section for home and community-based services who does not meet these criteria.
(F)
If two or more individuals on a waiting list established
under division (C) of this section for home and community-based
services have priority for the services pursuant to division
(D)(1) or (2) or (E) of this section, a county board may use,
until
December 31, 2007 2009, criteria specified in rules adopted under
division (K)(2) of this section in determining the order in which
the individuals with priority will be offered the services.
Otherwise, the county board shall offer the home and
community-based services to such individuals in the order they are
placed on the waiting list.
(G)(1) No individual may receive priority for services
pursuant to division (D) or (E) of this section over an individual
placed
on a waiting list established under division (C) of this
section
on an emergency status.
(2) No more than
four hundred individuals in the state
may
receive priority for services during
the
2006 2008 and
2007
2009 biennium
pursuant to division (D)(2)(b) of this
section.
(3) No more than a total of
seventy-five individuals in the
state may
receive priority for
services during state fiscal years
2002 and
2003 pursuant to
division (D)(3) of this section.
(4) No more than forty individuals in the state may receive priority for services pursuant to division (E) of this section for each year that priority category is in effect as specified in rules adopted under division (K) of this section.
(H) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with
this section and rules
adopted
under division (K) of this
section.
Prior to placing an individual on a waiting list, the county
board
shall assess the service needs of the individual in
accordance
with all applicable state and federal laws. The county
board
shall place the individual on the appropriate waiting list
and
may place the individual on more than one waiting list.
The
county board shall notify the individual of the individual's
placement and position on each waiting list on which the
individual is placed.
At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from
the
waiting list. If it determines that an individual needs a program
or
service other than the one for which the individual is on the
waiting list,
the county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the
program or service in accordance with the board's
policy for waiting lists.
When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment
demonstrates
that the individual continues to need the program or
service, the
board shall offer the program or service to the
individual. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list.
If it determines that an individual needs a program
or service other than the
one for which the individual is on the
waiting list, the
county board shall provide the program or
service to the
individual or place the individual on a waiting
list for the program or
service in accordance with the board's
policy for waiting lists.
The county board shall notify the
individual of the individual's placement and position on the
waiting list on which the individual is placed.
(I) A child subject to a determination made pursuant to
section
121.38 of the Revised Code who requires the home
and
community-based services provided through a
medicaid component
that the department of
mental retardation and developmental
disabilities administers
under
section 5111.871 of the
Revised
Code shall
receive services through
that
medicaid component. For
all other services, a child subject
to a
determination
made
pursuant to section 121.38 of the Revised Code
shall
be
treated as
an emergency by the county boards and shall
not be
subject to a
waiting list.
(J) Not later than the fifteenth day of
March of each
even-numbered year, each county board
shall prepare and submit to
the director of mental
retardation and developmental disabilities
its recommendations for the funding
of services for individuals
with mental retardation and developmental
disabilities and its
proposals for reducing the waiting lists for services.
(K)(1) The department of mental retardation and
developmental
disabilities shall adopt rules in accordance with
Chapter 119. of
the Revised Code governing waiting lists
established under this
section. The rules shall include procedures
to be followed to
ensure that the due process rights of
individuals placed on
waiting lists are not violated.
(2) As part of the rules adopted under this division, the
department shall adopt rules
establishing criteria a county board may use under division (F) of
this section in determining the order in which individuals with
priority for home and community-based services will be offered
the
services. The rules shall also specify conditions under which
a
county board, when there is no individual with priority for home
and community-based services pursuant to division (D)(1) or (2) or (E) of
this section available and appropriate for the services,
may offer
the services to an individual on a waiting list for the
services
but not given such priority for the services. The rules
adopted
under division (K)(2) of this section shall cease to have
effect
December 31, 2007 2009.
(3) As part of the rules adopted under this division, the department shall adopt rules specifying both of the following for the priority category established under division (E) of this section:
(a) The number of years, which shall not exceed five, that the priority category will be in effect;
(b) The date that the priority category is to go into effect.
(L) The following shall take precedence over the
applicable
provisions of this section:
(1) Medicaid rules and regulations;
(2) Any specific requirements that may be contained within a
medicaid
state plan amendment or waiver program that a county
board has authority to
administer or with respect to which it has
authority to provide services,
programs, or supports.
Sec. 5126.046. (A) Each county board of mental retardation
and developmental disabilities that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for habilitation, vocational, or community
employment
services provided as part of home and community-based
services
shall create a list of all persons and government
entities
eligible to provide such habilitation, vocational, or
community
employment services. If the county board chooses and is
eligible
to provide such habilitation, vocational, or community
employment
services, the county board shall include itself on the
list. The
county board shall make the list available to each
individual with
mental retardation or other developmental
disability who resides
in the county and is eligible for such
habilitation, vocational,
or community employment services. The
county board shall also
make the list available to such
individuals' families.
An individual with mental retardation or other
developmental
disability who is eligible for habilitation,
vocational, or
community employment services may choose the
provider of the
services.
A county board
that has medicaid local administrative
authority
under
division (A) of section 5126.055 of the Revised
Code for
habilitation, vocational, and community employment
services
provided as part of home and community-based services
shall pay the nonfederal share of the
habilitation,
vocational,
and community employment services when
required by
section
5126.057 of the Revised Code. The
department
of mental
retardation and developmental disabilities
shall pay the
nonfederal share of such habilitation, vocational,
and community
employment services when required by section
5123.047 of the
Revised Code.
(B) Each month, the department of mental retardation and
developmental disabilities shall create a list of all persons and
government entities eligible to provide residential services and
supported living. The department shall include on the list all
residential facilities licensed under section 5123.19 of the
Revised Code and all supported living providers certified under
section 5126.431 5123.161 of the Revised Code. The department shall
distribute the monthly lists to county boards that have local
administrative authority under division (A) of section 5126.055 of
the Revised Code for residential services and supported living
provided as part of home and community-based services. A county
board that receives a list shall make it available to each
individual with mental retardation or other developmental
disability who resides in the county and is eligible for such
residential services or supported living. The county board shall
also make the list available to the families of those individuals.
An individual who is eligible for residential services or
supported living may choose the provider of the residential
services or supported living.
A county board
that has medicaid local administrative
authority
under
division (A) of section 5126.055 of the Revised
Code for
residential services and supported living provided as
part of home
and community-based services shall
pay the
nonfederal
share of the residential services and supported
living
when
required by section
5126.057 of the Revised
Code. The
department
shall pay the nonfederal share of the
residential
services and
supported living when required by section
5123.047 of
the Revised
Code.
(C) If a county board that has medicaid local
administrative
authority under division (A) of section 5126.055 of
the Revised
Code for home and community-based services violates
the right
established by this section of an individual to choose a
provider
that is qualified and willing to provide services to the
individual, the individual shall receive timely notice that the
individual may request a hearing under section 5101.35 of the
Revised Code.
(D) The departments of mental retardation and developmental
disabilities and job and family services shall adopt rules in
accordance with Chapter 119. of the Revised Code governing the
implementation of this section. The rules shall include
procedures for individuals to choose their service providers. The
rules shall not be limited by a provider selection system
established under section 5126.42 of the Revised Code, including
any pool of providers created pursuant to a provider selection
system.
Sec. 5126.05. (A) Subject to the rules established by the
director of
mental retardation and developmental disabilities
pursuant to
Chapter 119. of the Revised Code for programs and
services
offered pursuant to this chapter, and subject to the
rules
established by the state board of education pursuant to
Chapter
119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board
of
mental retardation and developmental disabilities shall:
(1) Administer and operate facilities, programs, and
services as provided by this chapter and Chapter 3323. of the
Revised Code and establish policies for their administration and
operation;
(2) Coordinate, monitor, and evaluate existing services
and
facilities available to individuals with mental retardation and
developmental disabilities;
(3) Provide early childhood services, supportive home
services, and adult services, according to the plan and
priorities
developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education
services
pursuant to Chapters 3317.
and
3323. of the Revised Code and
ensure that related services, as
defined in section 3323.01 of the
Revised Code, are available
according to the plan and priorities
developed under section 5126.04
of the Revised Code;
(5) Adopt a budget, authorize expenditures for the
purposes
specified in this chapter and do so in accordance with
section
319.16 of the Revised Code, approve attendance of board
members
and employees at professional meetings and approve
expenditures
for attendance, and exercise such powers and duties
as are
prescribed by the director;
(6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits;
(8) Provide
service and support administration in
accordance
with section
5126.15 of the Revised
Code;
(9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
mental retardation and developmental disabilities.
(B) To the extent that rules adopted under this section
apply to the identification and placement of handicapped children
with disabilities under Chapter 3323. of the Revised Code, they shall be consistent
with the standards and procedures established under sections
3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other
such boards and with public or private, nonprofit, or
profit-making agencies or organizations of the same or another
county, to provide the facilities, programs, and services
authorized or required, upon such terms as may be agreeable, and
in accordance with this chapter and Chapter 3323. of the Revised
Code and rules adopted thereunder and in accordance with sections
307.86 and 5126.071 of the Revised Code.
(D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 with transportation for children
enrolled in
classes
funded under section 3317.20 or units approved under section
3317.05 of the Revised
Code.
(E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property
received
by gift, grant, devise, or bequest shall be deposited in
the
county treasury to the credit of such board and shall be
available
for use by the board for purposes determined or stated
by the
donor or grantor, but may not be used for personal
expenses of the
board members. Any interest or earnings accruing
from such gift,
grant, devise, or bequest shall be treated in the
same manner and
subject to the same provisions as such gift,
grant, devise, or
bequest.
(G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
mental retardation and developmental disabilities to perform its
functions and duties, and may utilize
any available local, state,
and federal funds for such purpose.
Sec. 5126.054. (A) Each county board of mental retardation
and developmental disabilities shall, by resolution, develop a
three-calendar year plan that includes
the following
four three
components:
(1) An assessment component that includes all of the
following:
(a) The number of individuals with mental retardation or
other developmental disability residing in the county who need the
level of care provided by an intermediate care facility for the
mentally retarded, may seek home and community-based services,
are
given priority for the services pursuant to division (D) of
section 5126.042 of the Revised Code; the service needs of those
individuals; and the projected
annualized cost for services;
(b) The source of funds available to the county board to pay
the nonfederal share of medicaid expenditures that the county
board is required by division (A) of section
5126.057 sections 5126.059 and 5126.0510 of
the
Revised Code to pay;
(c) Any other applicable information or conditions that the
department of mental retardation and developmental disabilities
requires as a condition of approving the
component under
section
5123.046 of the Revised Code.
(2) A component that provides for the recruitment,
training,
and retention of existing and new direct care staff
necessary to
implement services included in individualized service
plans,
including behavior management services and health
management
services such as delegated nursing and other
habilitation
services, and protect the health and welfare
of
individuals
receiving services included in the individual's
individualized
service plan by complying with safeguards for
unusual and major
unusual incidents, day-to-day program
management, and other
requirements the department shall identify.
A county board shall
develop this component in collaboration with
providers of
medicaid-funded services with which the county board
contracts. A
county board shall include all of the following in
the component:
(a) The source and amount of funds available for the
component;
(b) A plan and timeline for implementing the component with
the medicaid providers under contract with the county board;
(c) The mechanisms the county board shall use to ensure the
financial and program accountability of the medicaid provider's
implementation of the component.
(3)
A preliminary implementation component that specifies the
number of individuals to be provided, during the first year that
the plan
is in effect, home and community-based services pursuant
to the
priority given to them under divisions (D)(1) and (2) of
section
5126.042 of the Revised Code and the types of home and
community-based services the individuals are to receive;
(4)(3) A component that provides for the implementation of
medicaid case management services
and home and community-based services for individuals who begin to
receive the services on or after the date the plan is approved
under section 5123.046 of the Revised Code. A county board shall
include all of the following in the component:
(a) If the department of mental retardation and
developmental disabilities or department of job and family
services requires, an agreement to pay the nonfederal share of
medicaid expenditures that the county board is required by
division (A) of section
5126.057 sections 5126.059 and 5126.0510 of the Revised Code to
pay;
(b) How the services are to be phased in over the period
the
plan covers, including how the county board will serve
individuals
on a waiting list established under division (C) of
section
5126.042 who are given priority status under division
(D)(1)
of
that section;
(c) Any agreement or commitment regarding the county
board's
funding of home and community-based services that the
county board
has with the department at the time the county board
develops the
component;
(d) Assurances adequate to the department that the county
board will comply with all of the following requirements:
(i)
To provide the types of home and community-based services
specified in the preliminary implementation component required by
division (A)(3)(2) of this section to at least the number of
individuals specified in that component;
(ii) To use any additional funds the county board receives
for the services to improve the county board's resource
capabilities for supporting such services available in the county
at the time the component is developed and to expand the services
to accommodate the unmet need for those services in the county;
(iii) To employ a business manager who is either a new
employee who has earned at least a bachelor's degree in business
administration or a current employee who has the equivalent
experience of a bachelor's degree in business administration. If
the county board will employ a new employee, the county board
shall include in the component a timeline for employing the
employee.
(iv) To employ or contract with a medicaid services
manager
who is either a
new employee who has earned at least a
bachelor's
degree or a
current employee who has the equivalent
experience of
a bachelor's
degree. If the county board will
employ a new
employee, the
county board shall include in the
component a
timeline for
employing the employee. Two or three
county boards
that have a combined total enrollment in county
board services not
exceeding one thousand individuals as
determined pursuant to
certifications made under division (B) of
section 5126.12 of the
Revised Code may satisfy this requirement
by sharing the services
of a medicaid services manager or using
the services of a medicaid
services manager employed by or under
contract with a regional
council that the county boards establish
under section 5126.13 of
the Revised Code.
(e) An agreement to comply with the method, developed by
rules adopted under
section 5123.0413 of the Revised Code, of
paying for extraordinary costs, including extraordinary costs for
services to individuals with mental retardation or other
developmental disability, and ensuring the availability of
adequate funds in the event a county property tax levy for
services for individuals with mental retardation or other
developmental disability fails;
(f) Programmatic and financial accountability measures and
projected outcomes expected from the
implementation of the plan;
(g)(f) Any other applicable information or conditions that the
department requires as a condition of approving the
component
under
section 5123.046 of the Revised Code.
(B) For the purpose of obtaining the department's approval
under section 5123.046 of the Revised Code of the plan the county
board develops under division (A) of this section, a county board
shall do
all of the following:
(1) Submit the components required by divisions (A)(1) and
(2) of this section to the department not later than August 1,
2001;
(2)
Submit the component required by division (A)(3) of this
section to the department not later than January 31, 2002;
(3) Submit the component required by division (A)(4) of
this
section to the department not later than
July 1,
2002.
(C) A county board whose plan developed under division (A)
of this section is approved by the department under section
5123.046 of the Revised Code shall update and renew the plan in
accordance with a schedule the department shall develop.
Sec. 5126.055.
(A) Except as provided in
section
5126.056 of the Revised Code, a county board of
mental retardation
and
developmental disabilities
has medicaid local
administrative
authority to, and shall,
do all of the following
for an individual
with mental retardation
or other developmental
disability who
resides in the county that
the county board serves
and seeks or
receives home and
community-based services:
(1) Perform assessments and evaluations of the individual.
As part of the
assessment and evaluation process, the county board
shall do all
of the following:
(a) Make a recommendation to the department of mental
retardation and developmental disabilities on whether the
department should approve or deny the individual's application for
the services, including on the basis of whether the individual
needs the level of care an intermediate care facility for the
mentally retarded provides;
(b) If the individual's application is denied because of the
county board's recommendation and the individual requests a
hearing under section 5101.35 of the Revised Code, present, with
the department of mental retardation and developmental
disabilities or department of job and family services, whichever
denies the application, the reasons for the recommendation and
denial at the hearing;
(c) If the individual's application is approved, recommend
to the departments of mental retardation and developmental
disabilities and job and family services the services that should
be included in the individual's individualized service plan and,
if either department approves, reduces, denies, or terminates a
service
included in the individual's individualized service plan
under
section 5111.871 of the Revised Code because of the county
board's
recommendation, present, with the department that made the
approval, reduction, denial, or termination, the reasons for the
recommendation and approval, reduction, denial, or termination at
a hearing
under section 5101.35 of the Revised Code.
(2) If the individual has been identified by the department
of mental retardation and developmental disabilities as an
individual to receive priority for home and community-based
services pursuant to division (D)(3) of section 5126.042 of the
Revised Code, assist the department in expediting the transfer of
the individual from an intermediate care facility for the mentally
retarded or nursing facility to the home and community-based
services;
(3)
In accordance with the rules adopted under section
5126.046 of the Revised Code, perform the county board's duties
under that section regarding assisting the individual's right to
choose a qualified and willing provider of the services and, at a
hearing under section 5101.35 of the Revised Code, present
evidence of the process for appropriate assistance in choosing
providers;
(4) Unless the county board provides the services under
division (A)(5) of this section, contract with the person or
government entity the individual chooses in accordance with
section 5126.046 of the Revised Code to provide the services if
the person or government entity is qualified and agrees to provide
the services. The contract shall contain all the provisions
required by section
5126.035 of the Revised Code and
require the
provider to agree to
furnish, in accordance with the
provider's
medicaid provider
agreement and for the authorized
reimbursement
rate, the services
the individual requires.
(5) If the county board is certified under section
5123.16
5123.161 of the Revised Code to provide the services and agrees to
provide
the services to the individual and the individual chooses
the
county board to provide the services, furnish, in accordance
with
the county board's medicaid provider agreement and for the
authorized reimbursement rate, the services the individual
requires;
(6)(5) Monitor the services provided to the individual and
ensure the individual's health, safety, and welfare. The
monitoring shall include quality assurance activities. If the
county board provides the services, the department of mental
retardation and developmental disabilities shall also monitor the
services.
(7)(6) Develop, with the individual and the provider of the
individual's services, an effective individualized service plan
that includes coordination of services, recommend that the
departments of mental retardation and developmental disabilities
and job and family services approve the plan, and implement the
plan unless either department disapproves it;
(8)(7) Have an investigative agent conduct investigations under
section 5126.313 of the Revised Code that concern the individual;
(9)(8) Have a service and support administrator perform the
duties under division (B)(9) of section 5126.15 of the Revised
Code that concern the individual.
(B) A county board shall perform its medicaid local
administrative
authority under this section in accordance with all
of the
following:
(1) The county board's plan that the department of mental
retardation and developmental disabilities approves under section
5123.046 of the Revised Code;
(2) All applicable federal and state laws;
(3) All applicable policies of the departments of mental
retardation and developmental disabilities and job and family
services and the United States department of health and human
services;
(4) The department of job and family services' supervision
under its authority under section 5111.01 of the Revised Code to
act as the single state medicaid agency;
(5) The department of mental retardation and developmental
disabilities' oversight.
(C) The departments of mental retardation and developmental
disabilities and job and family services shall communicate with
and provide training to county boards regarding medicaid local
administrative authority granted by this section. The
communication and training shall include issues regarding audit
protocols and other standards established by the United States
department of health and human services that the departments
determine appropriate for communication and training. County
boards shall participate in the training. The departments shall
assess the county board's compliance against uniform standards
that the departments shall establish.
(D) A county board may not delegate its medicaid local
administrative authority granted under this section but may
contract with a person or government entity, including a council
of governments, for assistance with its medicaid local
administrative
authority. A county board that enters into such a
contract shall
notify the director of mental retardation and
developmental
disabilities. The notice shall include the tasks
and
responsibilities that the contract gives to the person or
government entity. The person or government entity shall comply
in full with all requirements to which the county board is subject
regarding the person or government entity's tasks and
responsibilities under the contract. The county
board remains
ultimately responsible for the tasks and responsibilities.
(E) A county board that has medicaid local administrative
authority
under this section shall, through the departments of
mental
retardation and developmental disabilities and job and
family
services, reply to, and cooperate in arranging compliance
with, a
program or fiscal audit or program violation exception
that a
state or federal audit or review discovers. The department
of job
and family services shall timely notify the department of
mental
retardation and developmental disabilities and the county
board of
any adverse findings. After receiving the notice, the
county
board, in conjunction with the department of mental
retardation
and developmental disabilities, shall cooperate fully
with the
department of job and family services and timely prepare
and send
to the department a written plan of correction or
response to the
adverse findings. The county board is liable for
any adverse
findings that result from an action it takes or fails
to take in
its implementation of medicaid local administrative
authority.
(F) If the department of mental retardation and
developmental disabilities or department of job and family
services determines that a county board's implementation of its
medicaid local administrative authority under this section is
deficient,
the department that makes the determination shall
require that
county board do the following:
(1) If the deficiency affects the health, safety, or
welfare
of an individual with mental retardation or other
developmental
disability, correct the deficiency within
twenty-four hours;
(2) If the deficiency does not affect the health, safety,
or
welfare of an individual with mental retardation or other
developmental disability, receive technical assistance from the
department or submit a plan of correction to the
department that
is acceptable to the department within sixty days
and correct the
deficiency within the time required by the plan of
correction.
Sec. 5126.056. (A) The department of mental retardation and
developmental disabilities shall take action under division (B) of
this section against a county board of mental retardation and
developmental disabilities if any of the following are the case:
(1) The county board fails to submit to the department all
the components of its three-year plan required by section 5126.054
of the Revised Code within the time required by division (B) of
that section.
(2) The department disapproves the county board's
three-year
plan under section 5123.046 of the Revised Code.
(3) The county board fails, as required by division (C)(B) of
section 5126.054 of the Revised Code, to update and renew its
three-year plan in accordance with a schedule the department
develops under that section.
(4) The county board fails to implement its initial or
renewed three-year plan approved by the department.
(5) The county board fails to correct a deficiency within
the time required by division (F) of section 5126.055 of the
Revised Code to the satisfaction of the department.
(6) The county board fails to submit an acceptable plan of
correction to the department within the time required by division
(F)(2) of section 5126.055 of the Revised Code.
(B) If required by division (A) of this section to take
action against a county board, the department shall issue an order
terminating the county board's medicaid local administrative
authority over all or part of home and community-based services,
medicaid case management services, or all or part of both
of those services. The department shall provide a copy of the
order to the board of county commissioners, senior probate judge, county
auditor, and president and superintendent of the county board.
The
department shall specify in the order the medicaid local
administrative authority that the department is terminating, the
reason for the termination, and the county board's option and
responsibilities under this division.
A county board whose medicaid local administrative authority
is terminated may, not later than thirty days after the department
issues the termination order, recommend to the department that
another county board that has not had any of its medicaid local
administrative authority terminated or another entity the
department approves administer the services for which the county
board's medicaid local administrative authority is terminated.
The
department may contract with the other county board or entity
to
administer the services. If the department enters into such a
contract, the county board shall adopt a resolution giving the
other county board or entity full medicaid local administrative
authority over the services that the other county board or entity
is to administer. The other county board or entity shall be known
as the contracting authority.
If the department rejects the county board's recommendation
regarding a contracting authority, the county board may appeal the
rejection under section 5123.043 of the Revised Code.
If the county board does not submit a recommendation to the
department regarding a contracting authority within the required
time or the department rejects the county board's recommendation
and the
rejection is upheld pursuant to an appeal, if any, under
section
5123.043 of the Revised Code,
the department shall appoint
an administrative receiver to
administer the services for which
the county board's medicaid
local administrative authority is
terminated. To the extent
necessary for the department to appoint
an administrative
receiver, the department may utilize employees
of the department,
management personnel from another county board,
or other
individuals who are not employed by or affiliated with in
any
manner a person that provides home and
community-based
services or
medicaid case management services
pursuant to a contract with any
county board. The
administrative
receiver shall assume full
administrative
responsibility for the
county board's services for
which the
county board's medicaid
local administrative authority
is
terminated.
The contracting authority or administrative receiver shall
develop and submit to the department a plan of correction to
remediate the problems that caused the department to issue the
termination order. If, after reviewing the plan, the department
approves it, the contracting authority or administrative receiver
shall implement the plan.
The county board shall transfer control of state and federal
funds it is otherwise eligible to receive for the services for
which the county board's medicaid local administrative authority
is terminated and funds the county board may use under division
(B)(A) of section 5126.057 5126.0511 of the Revised Code to pay the nonfederal
share of the services that the county board is required by
division (A) of that section sections 5126.059 and 5126.0510 of the Revised Code to pay. The county board shall
transfer control of the funds to the contracting authority or
administrative receiver administering the services. The amount
the county board shall transfer shall be the amount necessary for
the contracting authority or administrative receiver to fulfill
its duties in administering the services, including its duties to
pay its personnel for time worked, travel, and related matters.
If
the county board fails to make the transfer, the department may
withhold the state and federal funds from the county board and
bring a mandamus action against the county board in the court of
common pleas of the county served by the county board or in the
Franklin county court of common pleas. The mandamus action may
not require that the county board transfer any funds other than
the funds the county board is required by division (B) of this
section to
transfer.
The contracting authority or administrative receiver has the
right to authorize the payment of bills in the same manner that
the county board may authorize payment of bills under this chapter
and section 319.16 of the Revised Code.
Sec. 5126.059. A county board of mental retardation and developmental disabilities shall pay the nonfederal share of medicaid expenditures for medicaid case management services the county board provides to an individual with mental retardation or other developmental disability who the county board determines under section 5126.041 of the Revised Code is eligible for county board services.
Sec. 5126.0510. (A) Except as otherwise provided in an agreement entered into under section 5123.048 of the Revised Code and subject to divisions (B), (C), and (D) of this section, a county board of mental retardation and developmental disabilities shall pay the nonfederal share of medicaid expenditures for the following home and community-based services provided to an individual with mental retardation or other developmental disability who the county board determines under section 5126.041 of the Revised Code is eligible for county board services:
(1) Home and community-based services provided by the county board to such an individual;
(2) Home and community-based services provided by a provider other than the county board to such an individual who is enrolled as of June 30, 2007, in the medicaid waiver component under which the services are provided;
(3) Home and community-based services provided by a provider other than the county board to such an individual who, pursuant to a request the county board makes, enrolls in the medicaid waiver component under which the services are provided after June 30, 2007;
(4) Home and community-based services provided by a provider other than the county board to such an individual for whom there is in effect an agreement entered into under division (E) of this section between the county board and director of mental retardation and developmental disabilities.
(B) In the case of medicaid expenditures for home and community-based services for which division (A)(2) of this section requires a county board to pay the nonfederal share, the following shall apply to such services provided during fiscal year 2008 under the individual options medicaid waiver component:
(1) The county board shall pay no less than the total amount the county board paid as the nonfederal share for home and community-based services provided in fiscal year 2007 under the individual options medicaid waiver component;
(2) The county board shall pay no more than the sum of the following:
(a) The total amount the county board paid as the nonfederal share for home and community-based services provided in fiscal year 2007 under the individual options medicaid waiver component;
(b) An amount equal to one per cent of the total amount the department of mental retardation and developmental disabilities and county board paid as the nonfederal share for home and community-based services provided in fiscal year 2007 under the individual options medicaid waiver component to individuals the county board determined under section 5126.041 of the Revised Code are eligible for county board services.
(C) A county board is not required to pay the nonfederal share of home and community-based services provided after June 30, 2008, that the county board is otherwise required by division (A)(2) of this section to pay if the department of mental retardation and developmental disabilities fails to comply with division (A) of section 5123.0416 of the Revised Code.
(D) A county board is not required to pay the nonfederal share of home and community-based services that the county board is otherwise required by division (A)(3) of this section to pay if both of the following apply:
(1) The services are provided to an individual who enrolls in the medicaid waiver component under which the services are provided as the result of an order issued following a state hearing, administrative appeal, or appeal to a court of common pleas made under section 5101.35 of the Revised Code;
(2) There are more individuals who are eligible for services from the county board enrolled in the medicaid waiver component than is required by section 5126.0512 of the Revised Code.
(E) A county board may enter into an agreement with the director of mental retardation and developmental disabilities under which the county board agrees to pay the nonfederal share of medicaid expenditures for one or more home and community-based services that the county board is not otherwise required by division (A)(1), (2), or (3) of this section to pay and that are provided to an individual the county board determines under section 5126.041 of the Revised Code is eligible for county board services. The agreement shall specify which home and community-based services the agreement covers. The county board shall pay the nonfederal share of medicaid expenditures for the home and community-based services that the agreement covers as long as the agreement is in effect.
Sec. 5126.057 5126.0511. (A) A county board of mental
retardation and
developmental disabilities that has medicaid local
administrative
authority
under division (A) of section 5126.055 of
the Revised
Code for
home and community-based services shall pay
the
nonfederal share of
medicaid expenditures for such services
provided to an individual
with mental retardation or other
developmental disability who the
county board determines under
section 5126.041 of the Revised Code
is eligible for county board
services unless division (B)(2) or (3) of section 5123.047 of the Revised
Code requires the department of mental retardation and
developmental disabilities to pay the nonfederal share.
A county board that provides medicaid
case management services shall pay the
nonfederal share of
medicaid expenditures for such services
provided to an individual
with mental retardation or other
developmental disability who the
county board determines under
section 5126.041 of the Revised Code
is eligible for county board
services.
(B) A county board of mental retardation and developmental disabilities may use the following funds to pay the
nonfederal share of the services medicaid expenditures that the county board is required
by division (A) sections 5126.059 and 5126.0510 of this section the Revised Code to pay:
(1) To the extent consistent with the levy that generated
the taxes, the following taxes:
(a) Taxes levied pursuant to division (L) of section 5705.19
of the Revised Code and section 5705.222 of the Revised Code;
(b) Taxes levied under section 5705.191 of the Revised Code
that the board of county commissioners allocates to the county
board to pay the nonfederal share of the services.
(2) Funds that the department of mental retardation and
developmental disabilities distributes to the county board under
sections 5126.11, 5126.12, 5126.15, and 5126.18, and 5126.44 of the
Revised Code;
(3) Earned federal revenue funds the county board receives
for medicaid services the county board provides pursuant to the
county board's valid medicaid provider agreement;
(4) Funds that the department of mental retardation and developmental disabilities distributes to the county board as subsidy payments;
(5) In the case of medicaid expenditures for home and community-based services, funds allocated to or otherwise made available for the county board under section 5123.0416 of the Revised Code to pay the nonfederal share of such medicaid expenditures.
(C) If by December 31, 2001, the United States secretary of
health and human services approves at least five hundred
more
slots for home and community-based
services for calendar year 2002
than were available for calendar year 2001, each county board
shall
provide, by the last day of calendar year 2001, assurances
to the
department of mental retardation
and developmental
disabilities
that the county board will have for calendar year
2002 at least
one-third of the value of one-half, effective mill
levied in the
county the preceding year available to pay the
nonfederal share
of
the
services that the county board is required
by division (A)
of
this
section to pay.
If by December 31, 2002, the United States secretary approves
at least five hundred more slots for home and community-based
services for calendar year 2003 than were available for calendar
year 2002, each county board shall provide, by the last day of
calendar year 2002, assurances to the department that the county
board will have for calendar year 2003 at least two-thirds of the
value of one-half, effective mill levied in the county the
preceding year available to pay the nonfederal share of the
services that the county board is required by division (A) of this
section to pay.
If by December 31, 2003, the United States secretary approves
at least five hundred more slots for home and community-based
services for calendar year 2004 than were available for calendar
year 2003, each county board shall provide, by the last day of
calendar year 2003 and each calendar year thereafter, assurances
to the department that the county board will have for calendar
year 2004 and each calendar year thereafter at least the value of
one-half, effective mill levied in the county the preceding year
available to pay the nonfederal share of the services that the
county board is required by division (A) of this section to pay.
(D) Each year, each county board shall adopt a resolution
specifying the amount of funds it will use in the next year to pay
the nonfederal share of the services medicaid expenditures that the county board is
required by division (A) of this section sections 5126.059 and 5126.0510 of the Revised Code to pay. The amount
specified shall be adequate to assure that the services for which the medicaid expenditures are made will be
available in the county in a manner that conforms to all
applicable state and federal laws. A county board shall state in
its resolution that the payment of the nonfederal share represents
an ongoing financial commitment of the county board. A county
board shall adopt the resolution in time for the county auditor to
make the determination required by division (E)(C) of this section.
(E)(C) Each year, a county auditor shall determine whether the
amount of funds a county board specifies in the resolution it
adopts under division (D)(B) of this section will be available in the
following year for the county board to pay the nonfederal share of
the services medicaid expenditures that the county board is required by division (A) of
this section sections 5126.059 and 5126.0510 of the Revised Code to pay. The county auditor shall make the
determination not later than the last day of the year before the
year in which the funds are to be used.
Sec. 5126.0512. (A) As used in this section, "medicaid waiver component" means a medicaid waiver component as defined in section 5111.85 of the Revised Code under which home and community-based services are provided.
(B) Effective July 1, 2007, each county board of mental retardation and developmental disabilities shall ensure, for each medicaid waiver component, that the number of individuals eligible under section 5126.041 of the Revised Code for services from the county board who are enrolled in a medicaid waiver component is no less than the sum of the following:
(1) The number of individuals eligible for services from the county board who are enrolled in the medicaid waiver component on June 30, 2007;
(2) The number of medicaid waiver component slots the county board requested before July 1, 2007, that were assigned to the county board before that date but in which no individual was enrolled before that date.
(C) An individual enrolled in a medicaid waiver component after March 1, 2007, due to an emergency reserve capacity waiver assignment shall not be counted in determining the number of individuals a county board must ensure under division (B) of this section are enrolled in a medicaid waiver component.
(D) An individual who is enrolled in a medicaid waiver component to comply with the terms of the consent order filed March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United States district court for the southern district of Ohio, eastern division, shall be excluded in determining whether a county board has complied with division (B) of this section.
(E) A county board shall make as many requests for individuals to be enrolled in a medicaid waiver component as necessary for the county board to comply with division (B) of this section.
Sec. 5126.06. (A) Except as provided in division (B) of
this section
and section
5126.036 of the Revised Code,
any person
who has a complaint involving any of the
programs,
services,
policies, or administrative practices of a
county board
of mental
retardation and developmental disabilities
or any of the
entities
under contract with the county board, may
file a
complaint with
the board. Prior to commencing a civil
action
regarding the
complaint, a person shall attempt to have
the
complaint resolved
through the administrative resolution
process
established in the
rules adopted under section 5123.043
of the
Revised Code. After
exhausting the administrative
resolution
process, the person may
commence a civil action if the
complaint
is not settled to the
person's satisfaction.
(B) An employee of a county board may not file
under this
section a complaint related to the terms and conditions of
employment of the employee.
Sec. 5126.12. (A) As used in this section:
(1)
"Approved school age
class" means a class
operated by a
county board of
mental
retardation and developmental
disabilities
and
funded by the
department of
education under
section
3317.20
of the
Revised Code.
(2)
"Approved preschool unit" means a class or unit operated
by a
county board of mental retardation and developmental
disabilities and approved
under
division (B) of section 3317.05
of the Revised Code.
(3)
"Active treatment" means a continuous treatment
program,
which includes aggressive, consistent implementation of
a program
of specialized and generic training, treatment, health
services,
and related services, that is directed toward the
acquisition of
behaviors necessary for an individual with mental retardation
or
other developmental disability to function with
as much
self-determination and independence as possible and
toward the
prevention of deceleration, regression, or loss of
current optimal
functional status.
(4)
"Eligible for active treatment" means that an
individual
with
mental retardation or other developmental disability resides
in an
intermediate care facility for the mentally retarded
certified
under Title XIX of the
"Social Security Act," 79 Stat.
286 (1965), 42 U.S.C. 1396, as amended; resides in a state
institution
operated by the department of mental retardation and
developmental disabilities; or is enrolled in home and
community-based services.
(5)
"Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each county board of mental retardation and
developmental disabilities shall certify to the director of
mental
retardation and developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average
daily
membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for handicapped children with disabilities in approved
school age
classes;
(c) Adult services for persons sixteen years of age and
older operated pursuant to section 5126.05 and division (B) of
section 5126.051 of the Revised Code. Separate counts shall be
made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment;
(ii) Persons enrolled in traditional adult services who
are
eligible for and enrolled in active treatment;
(iii) Persons enrolled in traditional adult services but
who
are not eligible for active treatment;
(iv) Persons participating in community employment
services.
To be counted as participating in community employment
services, a
person must have spent an average of no less than
ten hours per
week in that employment
during the preceding six
months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved
for
payment of subsidy by the department of mental retardation and
developmental disabilities.
The membership in each such program and service in the
county
shall be reported on forms prescribed by the department of
mental
retardation and developmental disabilities.
The department of mental retardation and developmental
disabilities shall adopt rules defining full-time equivalent
enrollees and for determining the
average daily membership
therefrom, except that
certification
of average daily membership
in approved school age
classes shall be
in accordance with
rules
adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount
representing the sum of the number of enrollees in each program or
service in the week for which the certification
is made by the
number of days the program or
service was
offered
in that week.
No
enrollee may be counted in average daily
membership for more
than
one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) On or before the thirtieth day
of March April, an itemized
report
of all income and operating expenditures for the
immediately
preceding calendar year, in the format specified by
the department of
mental
retardation and developmental
disabilities;
(4) By the fifteenth day of February, a report of the
total
annual cost per enrollee for operation of
programs and services in
the preceding calendar year. The report
shall include a grand
total of all programs operated, the cost of
the individual
programs, and the sources of funds applied to each
program.
(5) That each required certification and report is in
accordance with rules established by the department of mental
retardation and developmental disabilities and the state board of
education for the operation and subsidization of the programs and
services.
(C) To compute payments under this section to the board
for
the fiscal year, the department of mental retardation and
developmental disabilities shall use the
certification of
average
daily membership required by division (B)(1) of this
section
exclusive of the average daily membership in any approved
school
age
class and the number in any approved preschool
unit.
(D) The department shall pay each county board for each
fiscal
year an amount equal to nine hundred fifty dollars
times
the
certified number of persons who on the
first day of December
of the academic year are under three
years of age and are not in
an approved preschool
unit. For persons who are
at least age
sixteen and are not in an approved school age
class, the
department shall pay
each county board for each fiscal year the
following amounts:
(1) One thousand dollars times the certified average daily
membership of persons enrolled in traditional adult services who
are eligible for but not enrolled in active treatment;
(2) One thousand two hundred dollars times the certified
average daily membership of persons enrolled in traditional adult
services who are eligible for and enrolled in active treatment;
(3) No less than one thousand five hundred dollars times
the
certified average daily membership of persons enrolled in
traditional adult services but who are not eligible for active
treatment;
(4) No less than one thousand five hundred dollars times
the
certified average daily membership of persons participating
in
community employment services.
(E) The department shall distribute this subsidy to county
boards in quarterly installments of equal amounts. The
installments shall be made not later
than the thirtieth day of September, the thirty-first day of
December, the thirty-first day of
March, and the thirtieth day of June.
(F) The director of mental retardation and developmental
disabilities shall make efforts to obtain increases in the
subsidies for early childhood services and adult services so that
the amount of the subsidies is equal to at least fifty per cent
of
the statewide average cost of those services minus any
applicable
federal reimbursements for those services. The
director shall
advise the director of budget and management of
the need for any
such increases when submitting the biennial
appropriations request
for the department.
(G) In determining the reimbursement of a county board for
the provision of
service and support
administration, family
support
services, and
other services
required or approved by the
director for which
children three
through twenty-one years of age
are eligible, the
department shall
include the average daily
membership in approved
school age or
preschool units. The
department, in accordance with
this
section
and upon receipt and
approval of the certification
required
by
this section and any
other information it requires to
enable it to
determine a board's
payments, shall pay the agency
providing the
specialized training
the amounts payable under this
section.
Sec. 5126.15. (A) A county board of mental retardation
and
developmental disabilities shall provide service and support
administration to each individual
three years of age or older who
is
eligible for
service
and support
administration if the
individual requests, or a person on the
individual's behalf
requests, service and support administration.
A board shall
provide service and
support administration to each
individual
receiving home and
community-based services. A board
may provide,
in accordance
with
the service coordination
requirements of 34
C.F.R. 303.23,
service
and support
administration to an individual
under three
years of
age eligible
for early intervention services
under 34
C.F.R. part
303. A board
may provide
service and support
administration to an
individual
who is not
eligible for other
services of the board.
Service and
support
administration shall
be
provided in accordance
with rules
adopted
under section 5126.08
of
the Revised Code.
A board may provide service and support administration by
directly employing service and support administrators or by
contracting with entities for the performance of service and
support administration.
Individuals employed or under contract as
service and support administrators shall not be in the same
collective bargaining unit as employees who perform duties that
are not administrative.
Individuals employed by a board as service and support
administrators shall not be assigned responsibilities for
implementing
other services for individuals and shall
not be
employed by
or serve in a decision-making or
policy-making
capacity for any
other
entity that
provides programs or
services
to individuals
with mental
retardation
or developmental
disabilities.
An
individual
employed as a conditional status
service and support
administrator
shall perform the duties of
service and support
administration
only under the supervision of a
management employee
who is a
service and support administration
supervisor.
(B) The individuals employed by or under contract with a
board to provide service and support administration shall do all
of the following:
(1) Establish an individual's eligibility for the services
of the county board of mental retardation and developmental
disabilities;
(2) Assess individual needs for services;
(3) Develop individual service plans with the active
participation of the individual to be served, other persons
selected by the individual, and, when applicable, the provider
selected by the individual, and recommend the plans for approval
by the department of mental retardation and developmental
disabilities when services included in the plans are funded
through medicaid;
(4) Establish budgets for services based on the individual's
assessed needs and preferred ways of meeting those needs;
(5) Assist individuals in making selections from among the
providers they have chosen;
(6) Ensure that services are effectively coordinated and
provided by appropriate providers;
(7) Establish and implement an ongoing system of monitoring
the implementation of individual service plans to achieve
consistent implementation and the desired outcomes for the
individual;
(8) Perform quality assurance reviews as a distinct function
of service and support administration;
(9) Incorporate the results of quality assurance reviews and
identified trends and patterns of unusual incidents and major
unusual incidents into amendments of an individual's service plan
for the purpose of improving and enhancing the quality and
appropriateness of services rendered to the individual;
(10) Ensure that each individual receiving services has a
designated person who is responsible on a continuing basis for
providing the individual with representation, advocacy, advice,
and assistance related to the day-to-day coordination of services
in accordance with the individual's service plan. The service and
support administrator shall give the individual receiving services
an opportunity to designate the person to provide daily
representation. If the individual declines to make a designation,
the administrator shall make the designation. In either case, the
individual receiving services may change at any time the person
designated to provide daily representation.
(C) Subject to available funds, the department of mental
retardation and developmental disabilities shall pay a county
board
an annual subsidy for
service and support
administration.
The amount of the
subsidy shall
be
equal to the
greater of twenty
thousand dollars or two hundred
dollars times
the board's
certified average daily membership. The
payments
shall be
made in
quarterly installments of equal amounts, which shall be
made no
later
than the thirtieth day of September, the
thirty-first day of December, the
thirty-first day
of
March, and the thirtieth day of June.
Funds received shall be used solely
for
service and support
administration.
Sec. 5126.18. (A)
As used in this section:
(1) "County board" means a county board of mental
retardation and developmental disabilities.
(2) Notwithstanding section 5126.01 of the Revised Code,
"adult services" means the following services, as they are
identified on individual information forms submitted by county
boards to the department of mental retardation and developmental
disabilities for the purpose of subsidies paid to county boards
under section 5126.12 of the Revised Code, provided to an individual with mental retardation or other developmental
disability who is at least twenty-two years of age:
(d) Community employment services;
(3) "Adult services enrollment" means a county board's
average daily membership in adult services, exclusive of such
services provided to individuals served solely through service and
support administration provided pursuant to section 5126.15 of the
Revised Code or family support services provided pursuant to
section 5126.11 of the Revised Code.
(4) "Taxable value" means the taxable value of a county
board
certified under division (B)(1) of this section.
(5) "Per-mill yield" of a county board means the quotient
obtained by dividing (a) the taxable value of the county board by
(b) one thousand.
(6) "Local adult services cost" means a county board's
expenditures for adult services, excluding all federal and state
reimbursements and subsidy allocations received by such boards and
expended for such services, as certified under section 5126.12 of
the Revised Code.
(7) "Statewide average millage" means one thousand
multiplied by the quotient obtained by dividing (a) the total of
the local adult services costs of all county boards by (b) the
total of the taxable values of all county boards.
(8) "County yield" of a county board means the product
obtained by multiplying (a) the statewide average millage by (b)
the per-mill yield of the county board.
(9) "County yield per enrollee" of a county board means the
quotient obtained by dividing (a) the county yield of the county
board by (b) the adult enrollment of the county board.
(10) "Statewide yield per enrollee" means the quotient
obtained by dividing (a) the sum of the county yields of all
county boards by (b) the sum of the adult enrollments of all
county boards.
(11) "Local tax effort for adult services" of a county
board
means one thousand multiplied by the quotient obtained by
dividing
(a) the local adult
services cost of the county board by
(b) the
taxable value of the
county board.
(12) "Funding percentage" for a fiscal year means the
percentage that the amount appropriated to the department for the
purpose of making payments under this section in the fiscal year
is of the amount computed under division (C)(3) of this section
for the fiscal year.
(13) "Funding-adjusted required millage" for a fiscal year
means the statewide average millage multiplied by the funding
percentage for that fiscal year.
(B)(1)
On the request of the
director of
mental
retardation
and developmental disabilities, the
tax
commissioner
shall provide
to the department of mental
retardation
and
developmental
disabilities information specifying
the taxable
value of property
on each county's tax list of real and
public
utility property and
tax list of personal property for the
most
recent tax year for
which such information is available. The
director may request any
other tax information
necessary for
the
purposes of
this
section.
(2) On the request of the director, each county board shall
report the county board's adult services enrollment and local
adult services cost.
(C) Each year, the department of mental retardation and
developmental disabilities shall compute the following:
(1) For each county board, the amount, if any, by which the
statewide yield per enrollee exceeds the county yield per
enrollee;
(2) For each county board, the amount of any excess
computed
under division (C)(1) of this section multiplied by the
adult
services enrollment of the county board;
(3) The sum of the amounts computed under division (C)(2)
of
this section for all county boards.
(D) From money appropriated for the purpose, the
department shall
provide for payment to each county board of the amount
computed
for that county board under division (C)(2) of this
section,
subject to any reduction or adjustment under division
(E), (F), or
(G) of this section. The department shall make the payments in quarterly installments of equal amounts. The installments shall be made not later than the thirtieth day of September, thirty-first day of December, thirty-first day of March, and thirtieth day of June.
(E) If a county board's local tax effort for adult services
is less than the funding-adjusted required millage, the director
shall reduce the amount of payment otherwise computed under
division (C)(2) of this section so that the amount paid, after the
reduction, is the same percentage of the amount computed under
division (C)(2) of this section as the county board's local tax
effort for adult services is of the funding-adjusted required
millage.
If the director reduces the amount of a county board's
payment under this division, the department, not later than the
fifteenth day of July, shall notify the county board of the
reduction and the amount of the reduction. The notice shall
include a statement that the county board may request to be
exempted from the reduction by filing a request with the director,
in the manner and form prescribed by the director, within
twenty-one days after such notification is issued. The board may
present evidence of its attempt to obtain passage of levies or any
other extenuating circumstances the board considers relevant. If
the county board requests a hearing before the director to present
such evidence, the director shall conduct a hearing on the request
unless the director exempts the board from the reduction on the
basis of the evidence presented in the request filed by the board.
Upon receiving a properly and timely filed request for exemption,
but not later than the thirty-first day of August, the director
shall determine whether the county board shall be exempted from
all or a part of the reduction. The director may exempt the board
from all or part of the reduction if the director finds that the
board has made good faith efforts to obtain passage of tax levies
or that there are extenuating circumstances.
(F) If a payment is reduced under division (E) of this
section and the director does not exempt the county board from the
reduction, the amount of the reduction shall be apportioned among
all county boards entitled to payments under this section for
which payments were not so reduced. The amount apportioned to
each county board shall be proportionate to the amount of the
board's payment as computed under division (C)(2) of this section.
(G) If, for any fiscal year, the amount appropriated to the
department for the purpose of this section is less than the amount
computed under division (C)(3) of this section for the fiscal
year, the department shall adjust the amount of each payment as
computed under divisions (C)(2), (E), and (F) of this section by
multiplying that amount by the funding percentage.
(H) The payments authorized by this section are
supplemental
to all other funds that may be received by a county
board. A
county board shall use the payments solely to pay the
nonfederal
share of medicaid expenditures that division (A) of
section
5126.057 sections 5126.059 and 5126.0510 of the Revised Code requires require the county board to
pay.
Sec. 5126.19. (A) The director of mental retardation and
developmental disabilities may grant temporary funding from the
community mental retardation and developmental disabilities trust
fund
based on allocations to
county
boards of mental
retardation
and developmental
disabilities.
The director
may distribute all
or part of
the funding directly to
a county board, the persons
who
provide
the services for which the funding is granted, or persons
with
mental retardation or developmental disabilities who are to
receive those services.
(B) Funding granted under
division (A) of this section shall
be granted
according to the availability of moneys in the fund and
priorities
established by the director. Funding may be granted
for any of
the following purposes:
(1) Behavioral or short-term interventions for persons
with
mental retardation or developmental disabilities that assist
them
in remaining in the community by preventing
institutionalization;
(2) Emergency respite care services, as defined in section
5126.11 of the Revised Code;
(3) Family support services provided under section
5126.11
of the Revised Code;
(4) Supported living, as defined in section 5126.01 of the
Revised Code;
(5) Staff training for county board employees, employees
of
providers of residential services as defined in section
5126.01 of
the Revised Code, and other personnel under contract
with a county
board, to provide the staff with necessary training
in serving
mentally retarded or developmentally disabled persons
in the
community;
(6) Short-term provision of early childhood services
provided under section 5126.05, adult services provided under
sections 5126.05 and 5126.051, and
service and support
administration provided under section 5126.15
of the Revised Code,
when local
moneys are insufficient to meet
the need for such
services due to
the successive failure within a
two-year period of
three or more
proposed levies for the services;
(7) Contracts with providers of residential services to
maintain persons with mental retardation and developmental
disabilities in their programs and avoid institutionalization.
(C) If the trust fund contains more than ten million
dollars
on the first day of July the director shall use one
million
dollars for payments under section 5126.12 of the Revised
Code,
one million dollars for payments under section 5126.18 of
the
Revised Code, and two million dollars for payments under
section
5126.44 of the Revised Code subsidies to county boards for supported living, and one million dollars for subsidies to county boards for early childhood services and adult services provided under section 5126.05 of the Revised Code. Distributions of funds
under this
division shall be made prior to August 31 of the state
fiscal year
in which the funds are available. The funds shall be
allocated
to a county board in an amount equal to the same
percentage of the
total amount
allocated to
the county board
the immediately
preceding state
fiscal year.
(D) In addition to making grants under division (A) of this
section, the director may use money available in the trust fund
for the same purposes that rules adopted under section 5123.0413
of the Revised Code provide for money in the state MR/DD risk fund
and the state insurance against MR/DD risk fund, both created
under that section, to be used.
Sec. 5126.25. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing uniform standards
and procedures for the certification of persons for employment by
county boards of mental retardation and developmental
disabilities
as superintendents, management employees, and
professional
employees and uniform standards and procedures for
the
registration of persons for employment by county boards as
registered service employees. As part of the rules, the director
may
establish continuing education and professional training
requirements for
renewal of certificates and evidence of
registration
and shall establish such requirements for renewal of
an investigative agent certificate. In the rules,
the director
shall establish certification standards for
employment in the
position of investigative agent that require an
individual to have
or obtain no less than an associate degree from
an accredited
college or university or have or obtain comparable
experience or
training. The director shall not
adopt
rules that require any
service employee to have or obtain a
bachelor's or higher degree.
The director shall adopt the rules in a manner that provides
for the issuance
of certificates and evidence of registration
according to categories, levels,
and grades. The rules shall
describe each category, level, and grade.
The rules adopted under this division shall apply to
persons
employed or seeking employment in a position that
includes
directly providing, or supervising persons who directly
provide,
services or instruction to or on behalf of individuals
with mental
retardation or developmental disabilities, except
that the rules
shall not apply to persons who hold a valid
license issued under
Chapter 3319. of the Revised Code and
perform no duties other than
teaching or supervision of a
teaching program or persons who hold
a valid license or
certificate issued under Title XLVII of the
Revised Code and
perform only those duties governed by the license
or certificate.
The rules shall specify the positions that require
certification
or registration.
The rules shall specify that the
position of investigative agent requires certification.
(B) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing standards for
approval of courses of study to prepare persons to meet
certification requirements. The director shall approve courses
of
study meeting the standards and provide for the inspection of
the
courses to ensure the maintenance of satisfactory training
procedures. The director shall approve courses of study only if
given by a state university or college as defined in section
3345.32 of the Revised Code, a state university or college of
another state, or an institution that has received a certificate
of authorization to confer degrees from the board of regents
pursuant to Chapter 1713. of the Revised Code or from a
comparable
agency of another state.
(C) Each applicant for a certificate for employment or
evidence of registration for employment by a county board shall
apply to the department of mental retardation and developmental
disabilities on forms that the director of the department shall
prescribe and provide. The application shall be accompanied by
the application fee established in rules adopted under this
section.
(D) The director shall issue a certificate for employment
to
each applicant who meets the standards for certification
established under this section and shall issue evidence of
registration for employment to each applicant who meets the
standards for registration established under this section. Each
certificate or evidence of registration shall state the category,
level, and grade for which it is issued.
The director shall issue, renew, deny, suspend, or revoke
certificates and evidence of registration in accordance with
rules
adopted under this section. The director shall deny,
suspend, or
revoke a certificate or evidence of registration if the director
finds, pursuant to an adjudication conducted in accordance
with
Chapter 119. of the Revised Code, that the applicant for or
holder
of the certificate or evidence of registration is guilty
of
intemperate, immoral, or other conduct unbecoming to the
applicant's or holder's position, or is guilty of incompetence or
negligence
within the
scope of the applicant's or holder's duties.
The director shall deny or
revoke a certificate or
evidence of
registration if the director finds, pursuant to
an adjudication
conducted in accordance with Chapter 119. of the Revised Code,
that the applicant for or holder of the certificate or evidence of
registration has been convicted of or pleaded guilty to any of the
offenses
described in division (E) of section 5126.28 of the
Revised Code, unless the
individual meets standards for
rehabilitation that the director establishes in
the rules adopted
under that section. Evidence supporting such allegations
shall be
presented to the director in writing and the director shall
provide
prompt notice of the allegations to the person who is the
subject of the
allegations. A denial, suspension, or revocation
may be appealed in
accordance with procedures the director shall
establish in the rules adopted
under this section.
(E)(1) A person holding a valid certificate under this
section on the effective date of any rules adopted under this
section that increase certification standards shall have such
period as the rules prescribe, but not less than one year after
the effective date of the rules, to meet the new certification
standards.
A person who is registered under this section on the
effective date of any rule that changes the standards adopted
under this section shall have such period as the rules prescribe,
but not less than one year, to meet the new registration
standards.
(2) If an applicant for a certificate for employment has
not
completed the courses of instruction necessary to meet the
department's standards for certification, the department shall
inform the applicant of the courses the applicant must
successfully complete
to meet the standards and shall specify the
time within which the
applicant must complete the courses. The
department shall grant the
applicant at least one year to complete
the courses and shall not
require the applicant to complete more
than four courses in any
one year. The applicant is not subject
to any changes regarding
the courses required for certification
that are made after the
department informs the applicant of the
courses
the applicant must complete, unless
the applicant does not
successfully complete the courses within
the time specified by the
department.
(F) A person who holds a certificate or evidence of
registration, other than one designated as temporary, is
qualified
to be employed according to that certificate or
evidence of
registration by any county board.
(G) The director shall monitor county boards to ensure
that
their employees who must be certified or registered are
appropriately certified or registered and performing those
functions they are authorized to perform under their certificate
or evidence of registration.
(H) A county board superintendent or the superintendent's
designee may certify to the director
that county board employees
who are required to meet continuing education or
professional
training requirements as a condition of renewal of certificates
or
evidence of registration have met the requirements. The
superintendent or
the superintendent's
designee shall maintain in
appropriate personnel files evidence acceptable to
the director
that the employees have met the requirements and permit
representatives of the department access to the evidence on
request.
(I) All fees collected pursuant to this section shall be
deposited in the state treasury to the credit of the employee
certification and registration program fee fund, which is hereby created under section 5123.033 of the Revised Code.
Money credited to the fund shall be used solely for the operation
of the certification and registration program established under
this section and for providing continuing training to county
board
employees.
(J) Employees of entities that contract with county boards
of
mental retardation and developmental disabilities to operate
programs and
services for individuals with mental retardation and
developmental
disabilities are subject to the certification and
registration requirements
established under section 5123.082 of
the Revised Code.
Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised Code do not apply to medicaid-funded supported living.
(B) As used in this section and sections 5126.41
5126.40 to 5126.47 of the Revised Code, "provider" means a person or
government entity certified by the department director of mental
retardation and developmental disabilities to provide supported living for
individuals with mental retardation and developmental disabilities.
(B) This division is in effect until July 1, 1995. By adoption of a
resolution by
affirmative vote of a majority of its members, a county board of mental
retardation and
developmental disabilities shall have authority to plan and
develop supported living for individuals with mental retardation and
developmental disabilities who are residents of the
county and, as provided in sections 5126.41 to 5126.47 of the
Revised Code, contract with providers and enter into shared
funding arrangements. The board's authority under this division
is effective on the department's receipt of the resolution.
(C) On and after July 1, 1995, each county board shall plan and develop
supported living for individuals with mental retardation and developmental
disabilities who are residents of the county in accordance with sections
5126.41 to 5126.47 of the Revised Code.
Sec. 5126.42. (A) A county board of mental retardation
and developmental disabilities shall establish an advisory
council composed of board members or employees of the board,
providers, individuals receiving supported living, and advocates
for individuals receiving supported living to provide on-going
communication among all persons concerned with supported living.
(B) The board shall develop procedures for the resolution
of grievances between the board and providers or between the
board and an entity with which it has a shared funding agreement.
(C) The board shall develop and implement a provider
selection system. Each system shall enable an individual to
choose to continue receiving supported living from the same
providers, to select additional providers, or to choose
alternative providers. Annually, the board shall review its
provider selection system to determine whether it has been
implemented in a manner that allows individuals fair and
equitable access to providers.
In developing a provider selection system, the county board
shall create a pool of providers for individuals to use in
choosing their providers of supported living. The pool shall be
created by placing in the pool all providers on record with the
board or by placing in the pool all providers approved by the
board through soliciting requests for proposals for supported
living contracts. In either case, only providers that are
certified by the department director of mental retardation and
developmental disabilities and in compliance with the quality
assurance standards established in rules adopted by the
department may be placed in the pool.
If the board places all providers on record in the pool,
the board shall review the pool at least annually to determine
whether each provider has continued interest in being a provider
and has maintained its certification by the department. At any
time, an interested and certified provider may make a request to
the board that it be added to the pool, and the board shall add
the provider to the pool not later than seven days after
receiving the request.
If the board solicits requests for proposals for inclusion
of providers in the pool, the board shall develop standards for
selecting the providers to be included. Requests for proposals
shall be solicited at least annually. When requests are
solicited, the board shall cause legal notices to be published at
least once each week for two consecutive weeks in a newspaper
with general circulation within the county. The board's formal
request for proposals shall include a description of any
applicable contract terms, the standards that are used to select
providers for inclusion in the pool, and the process the board
uses to resolve disputes arising from the selection process. The
board shall accept requests from any entity interested in being a
provider of supported living for individuals served by the board.
Requests shall be approved or denied according to the standards
developed by the board. Providers that previously have been
placed in the pool are not required to resubmit a request for
proposal to be included in the pool, unless the board's standards
have been changed.
In assisting an individual in choosing a provider, the
county board shall provide the individual with uniform and
consistent information pertaining to each provider in the pool,
including the provider evaluations conducted under section
5126.431 of the Revised Code on and after July 1, 1995. An
individual may choose to receive supported living from a provider
that is not included in the pool, if the provider is certified by
the department director of mental retardation and developmental
disabilities and in compliance with the quality assurance
standards established in rules adopted by the department.
Sec. 5126.43. (A) After receiving notice from the department of mental
retardation and developmental disabilities of the amount of state funds to be distributed to
it under section 5126.44 of the Revised Code for planning, developing, contracting for, and providing supported living, the county board of mental
retardation and developmental disabilities shall arrange for supported living
on behalf of and with the consent of individuals based on their individual
service plans developed under section 5126.41 of the Revised Code. With the
state distribution and any other money designated by the board for supported
living, the board shall arrange for supported living in one or more
of the following ways:
(1) By contracting under section 5126.45 of the Revised Code with providers
selected by the individual to be served;
(2) By entering into shared funding agreements with state agencies, local
public agencies, or political subdivisions at rates negotiated by the board;
(3) By providing direct payment or vouchers to be used to purchase
supported living, pursuant to a written contract in an
amount determined by the board, to the
individual or a person providing the individual with protective services as
defined in section 5123.55 of the Revised Code.
(B) When the board contracts for supported living on behalf of an individual,
the The board may contract arrange for supported living only with providers that are certified by the
department director of mental retardation and developmental disabilities and are in
compliance with the quality assurance standards established in rules adopted
by the department. The contract terms shall be as provided in section 5126.45
of the Revised Code.
When no certified provider is willing and able to provide supported living for
an individual in accordance with the terms of the individual service plan for
that individual, a county board may provide supported living directly, if it
complies with certification and quality assurance standards established by the
department is certified by the director of mental retardation and developmental disabilities to provide supported living.
A county board may, for a period not to exceed ninety days, contract for or
provide supported living without meeting the requirements of this section for
an individual it determines to be in emergency need of supported living.
Thereafter, the individual shall choose providers in accordance with sections
5126.41 and 5126.42 of the Revised Code.
Sec. 5126.45. (A) A contract between a county board of
mental retardation and developmental disabilities and a provider
of supported living shall be in writing and shall be based on the individual
service plan developed by the individual under section 5126.41 of the Revised
Code. The plan may be submitted as an addendum to the contract. An
individual receiving services pursuant to a contract shall be considered a
third-party beneficiary to the contract.
The board shall not
contract with a provider to provide a residence to a person to
whom the provider is providing other supported living services,
unless one of the following applies:
(1) The provider is under contract with the board for both
residence and services on July 17, 1990, and the contract is being renewed.
(2) The provider has a contract being transferred from the state to the
county board under section 5126.451 of the Revised Code and the contract is
being renewed.
(3) The provider lives in the residence and provides
services to not more than three persons who reside in the
residence at any one time.
(4) The provider is an association of family members
related to two or more of the persons who reside in the residence
and provides services to not more than four persons who reside in
the residence at any one time.
(B) The contract shall be negotiated between the provider and the county
board. The terms of the contract shall include at least the following:
(1) The contract period and conditions for renewal;
(2) The services to be provided pursuant to the individual service plan;
(3) The rights and responsibilities of all parties to the contract;
(4) The methods that will be used to evaluate the services delivered by the
provider;
(5) Procedures for contract modification that ensure all parties affected by
the modification are involved and agree;
(6) A process for resolving conflicts between individuals receiving services,
the county board, and the provider, as applicable;
(7) Procedures for the retention of applicable records;
(8) Provisions for contract termination by any party involved that include
requirements for an appropriate notice of intent to terminate the contract;
(9) Methods to be used to document services provided;
(10) Procedures for submitting reports required by the county board as a
condition of receiving payment under the contract;
(11) The method and schedule the board will use to make payments to the
provider and whether periodic payment adjustments will be made to the
provider;
(12) Provisions for conducting fiscal reconciliations for payments made
through methods other than a fee-for-service arrangement.
(C) Payments to the provider under a supported living
contract must be determined by the board to be reasonable in
accordance with policies and procedures developed by the board.
Goods or services provided without charge to the provider shall
not be included as expenditures of the provider.
(D) The board shall establish procedures for reconciling
expenditures and payments, other than those made under a fee-for-service
arrangement, for the prior contract year when a
contract is not renewed and shall reconcile expenditures and
payments in accordance with these procedures.
(E) A provider or an entity with which the board has
entered into a shared funding agreement may appeal a negotiated
contract or proposed shared funding rate to the county board
using the procedures established by the board under section
5126.42 of the Revised Code.
Sec. 5126.47. A county board of mental retardation and
developmental disabilities that has adopted a resolution under
section 5126.40 of the Revised Code may, pursuant to a resolution
adopted by an affirmative vote of the majority of its members,
establish, by agreement with one or more other county boards of
mental retardation and developmental disabilities, a residential
services consortium to jointly provide residential services and
supported living. The agreement shall designate one board to
assume the fiscal responsibilities for the consortium. The
county auditor of the designated county shall establish a
community mental retardation and developmental disabilities
residential services fund for the consortium. Each board that is
a member of the consortium shall cause to be deposited in the
fund all moneys distributed to it by the department of mental
retardation and developmental disabilities under section 5126.44
of the Revised Code and any other state or federal money received
for community residential services the county board has agreed to
contribute to the consortium.
Sec. 5139.43. (A) The
department of youth services shall operate a felony delinquent
care and custody program that shall be operated in accordance with the formula
developed pursuant to section 5139.41 of the Revised
Code, subject to the conditions specified in this section.
(B)(1) Each juvenile court shall use the moneys disbursed
to it by the department of youth services pursuant to division
(B) of section 5139.41 of the Revised Code in accordance with the applicable provisions of
division (B)(2) of this section and shall transmit the moneys to the county
treasurer for deposit in accordance with this division. The county treasurer
shall create in the county treasury a fund that shall be
known as the felony delinquent care and custody fund and shall
deposit in that fund the moneys disbursed to the juvenile
court pursuant to division (B) of section 5139.41 of the Revised Code. The county treasurer also
shall deposit into that fund the
state subsidy funds granted to the county pursuant to section
5139.34 of the Revised Code. The moneys
disbursed to the juvenile court pursuant to division
(B) of section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall not
be commingled
with any other county funds except state subsidy funds granted to the
county pursuant to section 5139.34 of the Revised Code; shall not be used for any capital
construction projects; upon an
order of the juvenile court and subject to appropriation by the
board of county commissioners, shall be disbursed to the juvenile
court for use in accordance with the applicable provisions of division
(B)(2) of this section;
shall not revert to the county general fund at the end of any
fiscal year; and shall carry over in the felony delinquent care and custody
fund from the end of any fiscal year to the next fiscal year. At the end of each fiscal year, beginning June 30, 2008, the balance in the felony delinquent care and custody fund in any county shall not exceed the total moneys allocated to the county pursuant to sections 5139.34 and 5139.41 of the Revised Code during the previous fiscal year, unless that county has applied for and been granted an exemption by the director of youth services. The department shall withhold from future payments to a county an amount equal to any moneys in the felony delinquent care and custody fund of the county that exceed the total moneys allocated pursuant to those sections to the county during the preceding fiscal year and shall reallocate the withheld amount. The department shall adopt rules for the withholding and reallocation of moneys disbursed under sections 5139.34 and 5139.41 of the Revised Code and for the criteria and process for a county to obtain an exemption from the withholding requirement. The moneys
disbursed to the juvenile court pursuant to division
(B) of section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall be in
addition to, and shall not be used to reduce,
any usual annual increase in county funding that the juvenile
court is eligible to receive or the current level of county
funding of the juvenile court and of any programs or services for
delinquent children, unruly children, or juvenile traffic
offenders.
(2)(a) A county and the juvenile court that serves the county
shall use the moneys in its felony delinquent care and custody fund in
accordance with rules that the department of youth services adopts pursuant to
division (D) of section 5139.04 of the Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised Code shall be used to aid in
the support of prevention, early intervention, diversion,
treatment, and rehabilitation programs that are provided for
alleged or adjudicated unruly children or delinquent children or
for children who are at risk of becoming unruly
children or delinquent children. The county shall not use for
capital improvements more than fifteen per cent of
the moneys in the fund that represent the applicable annual grant of those
state subsidy
funds.
(ii) The moneys in the fund that
were disbursed to the juvenile court pursuant to division
(B) of section 5139.41 of the Revised Code and deposited pursuant to division
(B)(1) of this section in the
fund shall be used to
provide programs and services for the training,
treatment, or rehabilitation of felony delinquents that are
alternatives to their commitment to the department, including,
but not limited to, community residential programs, day treatment
centers, services within the home, and electronic monitoring, and shall be
used in connection with training,
treatment, rehabilitation, early intervention, or other programs or services
for any delinquent child, unruly child, or juvenile traffic
offender who is under the jurisdiction of the juvenile court.
The
fund also may be used for prevention, early
intervention, diversion, treatment, and rehabilitation programs
that are provided for alleged or adjudicated unruly children,
delinquent children, or juvenile traffic offenders or for
children who are at risk of becoming unruly
children, delinquent children, or juvenile traffic
offenders. Consistent with
division (B)(1) of this
section, a county and the juvenile court of a county shall not
use any of those moneys for capital construction
projects.
(iii) The county and the juvenile
court that serves the county may not use moneys in the fund for
the provision of care and services for children, including, but
not limited to, care and services in a detention facility, in
another facility, or in out-of-home placement, unless the
minimum standards that apply to the care and services and that
the department prescribes in rules adopted pursuant to division
(D) of section 5139.04 of the
Revised Code have been satisfied.
(b) Each juvenile court shall comply with division (B)(3)(d) of this section
as implemented by the department.
(3) In accordance with rules adopted by the department
pursuant to division (D) of section 5139.04 of the Revised
Code, each juvenile
court and the county served by that juvenile court shall do all of the
following that apply:
(a) The juvenile court shall prepare an annual grant agreement
and application for funding that satisfies the requirements of
this section and section 5139.34 of the
Revised Code and that pertains to the use,
upon an order of the juvenile court and subject to appropriation
by the board of county commissioners, of the moneys in its felony
delinquent care and custody fund for specified programs,
care, and services as described in division (B)(2)(a) of this
section, shall submit that agreement and
application to the county family and children first council, the
regional family and children first council, or the local
intersystem services to children cluster as described in
sections 121.37 and 121.38 of the Revised
Code, whichever is applicable,
and shall file that agreement and application with the
department for its approval. The annual grant agreement
and application for funding shall include a method of ensuring equal
access for minority
youth to the programs, care, and services specified in
it.
The department may approve an annual grant agreement
and application for funding only if the juvenile court involved
has complied with the preparation, submission, and filing
requirements described in division
(B)(3)(a)
of this section. If the juvenile court complies with those
requirements and the department approves that agreement
and application, the juvenile court and the county
served by the juvenile court may expend the state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised Code only in accordance with
division (B)(2)(a)
of this section, the rules
pertaining to state subsidy funds that the department adopts
pursuant to division (D) of section 5139.04 of the Revised
Code, and the approved agreement and application.
(b) By the thirty-first day of August of each
year, the juvenile court shall file with the department a report
that contains all of the statistical and other
information for each month of the prior state fiscal
year. If the juvenile court
fails to file the report required by division
(B)(3)(b)
of this section by the thirty-first day of
August of any year, the
department shall not disburse any payment of state subsidy funds
to which the county otherwise is entitled pursuant to section
5139.34 of the Revised Code and shall not disburse
pursuant to division (B) of section 5139.41 of the Revised Code the
applicable allocation until the juvenile
court fully complies with division
(B)(3)(b)
of this section.
(c) If the department requires the juvenile court to
prepare monthly statistical reports and to submit the reports on forms provided
by the department, the juvenile court shall file those reports with the
department on the forms so provided. If the juvenile court
fails to prepare and submit those monthly statistical reports within the
department's timelines, the department shall not disburse any
payment of state subsidy funds to which the county
otherwise is entitled pursuant to section 5139.34 of the
Revised Code and shall not disburse
pursuant to division (B) of section 5139.41 of the Revised Code the applicable allocation
until the juvenile court fully complies with division
(B)(3)(c) of this section.
If the juvenile court fails to prepare and submit those monthly
statistical reports within one hundred eighty days of the date the
department establishes for their submission, the department shall not
disburse any payment of state subsidy funds to which the county
otherwise is entitled pursuant to section 5139.34 of the Revised
Code and shall not disburse pursuant to
division (B)
of section 5139.41 of the Revised Code the applicable allocation, and the state subsidy
funds
and the remainder of
the applicable allocation shall revert to the department. If a
juvenile court states in a monthly
statistical report that the juvenile court adjudicated within a state fiscal
year five
hundred or more children to be delinquent children for committing
acts that would be felonies if committed by adults and if the department
determines that the data in the report may be inaccurate, the juvenile
court shall have an independent auditor or other qualified entity certify the
accuracy of
the data on a date determined by the department.
(d) If the department requires the juvenile court and the county to
participate in a fiscal monitoring program or
another monitoring program that is conducted by the
department to ensure compliance by the juvenile court and
the county with division (B) of this section, the juvenile court and
the county shall participate in the
program and fully comply with any guidelines for the performance of audits
adopted by the department pursuant to that program and all requests made by
the department pursuant to that program for information necessary to reconcile
fiscal accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program
described in this division
determines that the juvenile court or the county used moneys in the county's
felony delinquent care and custody
fund for expenses that are not authorized under division
(B) of this section, within
forty-five days after the department notifies the county of the
unauthorized expenditures, the county either shall repay the amount of
the unauthorized expenditures from the county general revenue fund to the state's general revenue
fund or shall
file a written appeal with the department. If an appeal is
timely filed, the director of the department shall render a
decision on the appeal and shall notify the appellant county or
its juvenile court of that decision within forty-five days after
the date that the appeal is filed. If the director denies an
appeal, the county's fiscal agent shall repay the amount of the
unauthorized expenditures from the county general revenue fund to the state's general revenue fund
within thirty days after receiving the director's notification
of the appeal decision. If the county fails to make the repayment within
that
thirty-day period
and if
the unauthorized expenditures pertain to moneys allocated under
sections 5139.41 to 5139.43 of the
Revised Code, the department shall deduct the amount of
the
unauthorized expenditures from the
next
allocation of those moneys to the county in accordance
with this section or from the
allocations that otherwise
would be made under those sections to the county during the next state fiscal
year
in accordance with this section and shall return that deducted
amount to the state's general revenue fund. If the county fails
to make the repayment within that thirty-day period and if the
unauthorized expenditures pertain to moneys granted pursuant to
section 5139.34 of the Revised
Code, the department shall
deduct the amount of the unauthorized expenditures from the next
annual grant to the county pursuant to that section and shall
return that deducted amount to the state's general revenue
fund.
(C) The determination of which county a reduction of the
care and custody allocation will be charged against for a particular youth
shall be made as outlined
below for all youths who do not qualify as public safety beds.
The determination of which county a reduction of the care
and custody allocation will be charged against shall be made as
follows until each youth is released:
(1) In the event of a commitment, the reduction shall be charged
against the committing county.
(2) In the event of a recommitment, the reduction shall be charged
against the original committing county until the expiration of the
minimum period of institutionalization under the original order of
commitment or until the date on which the youth is admitted to the
department of youth services pursuant to the order of
recommitment, whichever is later. Reductions of the
allocation shall be charged against the county that recommitted
the youth after the minimum expiration date of the original
commitment.
(3) In the event of a revocation of a release on parole, the reduction
shall be charged against the county
that revokes the youth's parole.
(D) A juvenile court is not precluded by its allocation amount for the care and custody of felony delinquents from committing a felony delinquent to the department of youth services for care and custody in an institution or a community corrections facility when the juvenile court determines that the commitment is appropriate.
Sec. 5302.221. (A) As used in this section:
"Estate" has the same meaning as in section 5111.11 of the Revised Code.
"Medicaid estate recovery program" means the program instituted under section 5111.11 of the Revised Code.
(B) The administrator of the medicaid estate recovery program shall prescribe a form on which a beneficiary of a transfer on death deed as provided in section 5302.22 of the Revised Code, who survives the deceased owner of the real property or an interest in the real property or that is in existence on the date of death of the deceased owner, or such a beneficiary's representative is to indicate both of the following:
(1) Whether the deceased owner was either of the following:
(a) A decedent subject to the medicaid estate recovery program;
(b) The spouse of a decedent subject to the medicaid estate recovery program.
(2) Whether the real property or interest in the real property was part of the estate of a decedent subject to the medicaid estate recovery program.
(C) A county recorder shall obtain a properly completed form prescribed under division (B) of this section from the beneficiary of a transfer on death deed or the beneficiary's representative and send a copy of the form to the administrator of the medicaid estate recovery program before recording the transfer of the real property or interest in the real property under division (C) of section 5302.22 of the Revised Code.
Sec. 5309.082. (A) As used in this section:
"Estate" has the same meaning as in section 5111.11 of the Revised Code.
"Medicaid estate recovery program" means the program instituted under section 5111.11 of the Revised Code.
(B) The administrator of the medicaid estate recovery program shall prescribe a form on which a surviving tenant under a survivorship tenancy or such a surviving tenant's representative is to indicate both of the following:
(1) Whether the deceased survivorship tenant was either of the following:
(a) A decedent subject to the medicaid estate recovery program;
(b) The spouse of a decedent subject to the medicaid estate recovery program.
(2) Whether the registered land under a survivorship tenancy was part of the estate of a decedent subject to the medicaid estate recovery program.
(C) A county recorder shall obtain a properly completed form prescribed under division (B) of this section from the surviving tenant under a survivorship tenancy or the surviving tenant's representative and send a copy of the form to the administrator of the medicaid estate recovery program before registering the title in the surviving tenants under section 5309.081 of the Revised Code.
Sec. 5323.01. As used in this chapter:
(A) "Hotel" has the same meaning as in section 3731.01 of the Revised Code.
(B) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code.
(C) "Mobile home" and "recreational vehicle" have the same meanings as in section 4501.01 of the Revised Code.
(D) "Political subdivision" means a county, that has a population of more than two hundred thousand according to the most recent decennial census or a township, municipal corporation, or other body corporate and politic that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and is responsible for government activities in a geographic area smaller than that of the state.
(E)
"Residential rental property" means real property that is located in a county that has a population of more than two hundred thousand according to the most recent decennial census and on which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semipermanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. "Residential rental property" does not include a hotel or a college or university dormitory.
Sec. 5323.02. (A) An owner of residential rental property shall file with the county auditor of the county in which the property is located the following information:
(1) The name, address, and telephone number of the owner;
(2) If the residential rental property is owned by a trust, business trust, estate, partnership, limited partnership, limited liability company, association, corporation, or any other business entity, the name, address, and telephone number of the following:
(a) A trustee, in the case of a trust or business trust;
(b) The executor or administrator, in the case of an estate;
(c) A general partner, in the case of a partnership or a limited partnership;
(d) A member, manager, or officer, in the case of a limited liability company;
(e) An associate, in the case of an association;
(f) An officer, in the case of a corporation;
(g) A member, manager, or officer, in the case of any other business entity.
(3) The street address and permanent parcel number of the residential rental property;
(4) If the residential rental property has dwelling units that are leased or otherwise rented to tenants, the year the units were built.
(B) The information required under division (A) of this section shall be filed and maintained in a manner to be determined by the county auditor on the tax list or the real property record.
(C) An owner of residential rental property shall update the information required under division (A) of this section within ten sixty days after any change in the information occurs.
(D) The county auditor shall provide an owner of residential rental property located in a county that has a population of more than two hundred thousand according to the most recent decennial census with notice pursuant to division (B) of section 323.131 of the Revised Code of the requirement to file the information required under division (A) of this section and the requirement to update that information under division (C) of this section.
(E) The owner of residential real property shall comply with the requirements under divisions (A) and (C) of this section within sixty days after receiving the notice provided under division (D) of this section, division (D) of section 319.202, or division (B) of section 323.131 of the Revised Code.
Sec. 5323.99. No owner of residential rental property shall fail to comply with the filing or updating of information requirements of section 5323.02 of the Revised Code or shall fail to satisfy the designation of agent requirement or the filing of the appropriate designation of agent document requirement of section 5323.03 of the Revised Code. Whoever violates this section is guilty of a minor misdemeanor The county auditor may impose upon any person who violates this section a special assessment on the residential rental property that is the subject of the violation in the amount of one hundred fifty dollars. Such special assessment may be appealed to the county board of revision.
Sec. 5528.54. (A) The commissioners of the sinking fund are
authorized to issue and sell, as provided in this section and in
amounts from
time to time authorized by the general assembly,
general obligations of this
state for the purpose of financing or
assisting in the financing of the costs
of projects. The full
faith and credit, revenues, and taxing power of the
state are and
shall be pledged to the timely payment of bond service charges
on
outstanding obligations, all in accordance with Section 2m of
Article VIII,
Ohio Constitution, and sections 5528.51 to 5528.53
of the Revised Code, and so long as such obligations are
outstanding there
shall be levied and collected excises, taxes,
and other revenues in amounts
sufficient to pay the bond service
charges on such obligations and costs
relating to credit
enhancement facilities.
(B) Not more than two hundred twenty million dollars
principal amount
of obligations, plus the principal amount of
obligations that in any prior
fiscal years could have been, but
were not issued within that
two-hundred-twenty-million-dollar
fiscal year limit, may be issued in any
fiscal year, and not more
that
than one billion two hundred million dollars
principal amount of
obligations may be outstanding at any one time, all
determined as
provided in sections 5528.51 to 5528.53
of the Revised
Code.
(C) The state may participate in financing projects by
grants,
loans, or contributions to local government entities.
(D) Each issue of obligations shall be authorized by
resolution
of the commissioners. The bond proceedings shall
provide for the principal
amount or maximum principal amount of
obligations of an issue, and shall
provide for or authorize the
manner for determining the principal maturity or
maturities, not
exceeding the earlier of thirty years from the date of
issuance of
the particular obligations or thirty years from the date the debt
represented by the particular obligations was originally
contracted, the
interest rate or rates, the date of and the dates
of payment of interest on
the
obligations, their denominations,
and the establishment within or outside the
state of a place or
places of payment of bond service charges. Sections 9.96,
9.98,
9.981, 9.982, and 9.983 of the Revised
Code are applicable to the
obligations. The
purpose of the obligations may be stated in the
bond proceedings as
"financing
or assisting in the financing of
highway capital improvement projects as
provided in Section 2m of
Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any
portion
to be deposited into special funds, or into escrow
funds for the
purpose
of refunding outstanding obligations, all as may be
provided in the bond
proceedings, shall be deposited into the
highway capital improvement fund
established by section 5528.53 of
the Revised Code.
(F) The commissioners may appoint or provide for the
appointment of
paying agents, bond registrars,
securities
depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract
for the
services of marketing, remarketing, indexing, and
administrative agents, other
consultants, and independent
contractors, including printing services, as are
necessary in the
judgment of the commissioners to carry out sections 5528.51
to
5528.53 of the Revised Code. Financing costs are
payable, as
provided in
the bond proceedings, from the proceeds of the
obligations, from special
funds, or from other moneys available
for the purpose.
(G) The bond proceedings, including any trust agreement, may
contain additional provisions customary or appropriate to the
financing or to
the obligations or to particular obligations
including, but not limited
to:
(1) The redemption of obligations prior to maturity at the
option of the
state or of the holder or upon the occurrence of
certain conditions at such
price or prices and under such terms
and conditions as are provided in the bond
proceedings;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application
of special
funds, and the safeguarding of moneys on hand or on
deposit, in lieu of
otherwise applicable provisions of Chapter
131. or 135. of the Revised
Code, but subject to any special
provisions of
this section with respect to particular funds or
moneys, and provided that any
bank or trust company that acts as a
depository of any moneys in special funds
may furnish such
indemnifying bonds or may pledge such securities as required
by
the commissioners;
(4) Any or every provision of the bond proceedings binding
upon the
commissioners and such state agency or local government
entities, officer,
board, commission, authority, agency,
department, or other person or body as
may from time to time have
the authority under law to take such actions as may
be necessary
to perform all or any part of the duty required by such
provision;
(5) The maintenance of each pledge, any trust agreement, or
other
instrument composing part of the bond proceedings until the
state has fully
paid or provided for the payment of the bond
service charges on the obligations
or met other stated conditions;
(6) In the event of default in any payments required to be
made by the
bond proceedings, or any other agreement of the
commissioners made as part of a
contract under which the
obligations were issued or secured, the enforcement of
such
payments or agreements by mandamus, suit in equity, action at law,
or any
combination of the foregoing;
(7) The rights and remedies of the holders of obligations
and of the
trustee under any trust agreement, and provisions for
protecting and enforcing
them, including limitations on rights of
individual holders of obligations;
(8) The replacement of any obligations that become mutilated
or are
destroyed, lost, or stolen;
(9) Provision for the funding, refunding, or advance
refunding or other
provision for payment of obligations that will
then no longer be outstanding
for purposes of sections 5528.51 to
5528.56 of the Revised Code or of the bond
proceedings;
(10) Any provision that may be made in bond proceedings or a
trust
agreement, including provision for amendment of the bond
proceedings;
(11) Any other or additional agreements with the holders of
the
obligations relating to any of the foregoing;
(12) Such other provisions as the commissioners determine,
including
limitations, conditions, or qualifications relating to
any of the
foregoing.
(H) The great seal of the state or a facsimile of that seal
may
be affixed to or printed on the obligations. The obligations
requiring
signatures by the commissioners shall be signed by or
bear the facsimile
signatures of two or more of the commissioners
as provided in the bond
proceedings. Any obligations may be
signed by the person who, on the date of
execution, is the
authorized signer although on the date of such obligations
such
person was not a commissioner. In case the individual whose
signature or
a facsimile of whose signature appears on any
obligation ceases to be a
commissioner before delivery of the
obligation, such signature or facsimile is
nevertheless valid and
sufficient for all purposes as if that individual had
remained the
member until such delivery, and in case the seal to be affixed to
or printed on obligations has been changed after the seal has been
affixed to
or a facsimile of the seal has been printed on the
obligations, that seal or
facsimile seal shall continue to be
sufficient as to those obligations and
obligations issued in
substitution or exchange therefor.
(I) The obligations are negotiable instruments and
securities
under Chapter 1308. of the Revised Code, subject to the
provisions of the bond
proceedings as to registration.
Obligations may be issued in coupon or in
fully registered form,
or both, as the commissioners determine. Provision may
be made
for the registration of any obligations with coupons attached as
to
principal alone or as to both principal and interest, their
exchange for
obligations so registered, and for the conversion or
reconversion into
obligations with coupons attached of any
obligations registered as to both
principal and interest, and for
reasonable charges for such registration,
exchange, conversion,
and reconversion. Pending preparation of definitive
obligations,
the commissioners may issue interim receipts or certificates
which
shall be exchanged for such definitive obligations.
(J) Obligations may be sold at public sale or at private
sale,
and at such price at, above, or below par, as determined by
the
commissioners
in the bond proceedings.
(K) In the discretion of the commissioners, obligations may
be
secured additionally by a trust agreement between the state and
a corporate
trustee which may be any trust company or bank having
its principal a place of
business within the state. Any trust
agreement may contain the resolution
authorizing the issuance of
the obligations, any provisions that may be
contained in the bond
proceedings, and other provisions that are customary or
appropriate in an agreement of the type.
(L) Except to the extent that their rights are restricted by
the
bond proceedings, any holder of obligations, or a trustee
under the bond
proceedings may by any suitable form of legal
proceedings protect and enforce
any rights under the laws of this
state or granted by the bond proceedings.
Such rights include the
right to compel the performance of all duties of the
commissioners
and the state. Each duty of the commissioners and its
employees,
and of each state agency and local government entity and its
officers, members,
or employees, undertaken pursuant to the bond
proceedings, is hereby
established as a duty of the commissioners,
and of each such agency, local
government entity, officer, member,
or employee having authority to perform
such duty, specifically
enjoined by the law and resulting from an office,
trust, or
station within the meaning of section 2731.01 of the Revised Code.
The persons who are at the time the commissioners of the sinking
fund, or its
employees, are not liable in their personal
capacities on any obligations or
any agreements of or with the
commissioners relating to obligations or under
the bond
proceedings.
(M) Obligations are lawful investments for banks, societies
for
savings, savings and loan associations, deposit guarantee
associations, trust
companies, trustees, fiduciaries, insurance
companies, including domestic for
life and domestic not for life,
trustees or other officers having charge of
sinking and bond
retirement or other special funds of political subdivisions
and
taxing districts of this state, the commissioners of the sinking
fund, the
administrator of workers' compensation, subject to the
approval of the
workers' compensation board and the industrial
commission, the state teachers
retirement
system, the public
employees retirement system, the school employees
retirement
system, and the Ohio police and fire pension fund,
notwithstanding
any other provisions of the Revised Code
or rules adopted pursuant
thereto by any state agency with respect to
investments by them,
and are also acceptable as security for the deposit of
public
moneys.
(N) Unless otherwise provided in any applicable bond
proceedings,
moneys to the credit of or in the special funds
established by or pursuant to
this section may be invested by or
on behalf of the commissioners only in
notes, bonds, or other
direct obligations of the
United States
or of any agency or
instrumentality thereof, in obligations of this state or
any
political subdivision of this state, in certificates of deposit of
any
national bank located in this state and any bank, as defined
in section
1101.01 of the Revised Code, subject to inspection by
the
superintendent of financial institutions, in the
Ohio
subdivision's fund established pursuant to section 135.45 of the
Revised
Code, in no-front-end-load money market mutual
funds
consisting exclusively of direct obligations of the United
States
or of an agency or instrumentality thereof, and in repurchase
agreements, including those issued by any fiduciary, secured by
direct
obligations of the United States
or an agency or
instrumentality thereof, and in common trust funds established
in
accordance with section 1109.20 of the Revised Code
and consisting
exclusively of direct obligations of the
United States
or of an
agency or instrumentality thereof, notwithstanding division
(A)(4)
of that section. The income from
investments shall be credited to
such special funds or otherwise as the
commissioners determine in
the bond proceedings, and the investments may be
sold or exchanged
at such times as the commissioners determine or
authorize.
(O) Unless otherwise provided in any applicable bond
proceedings,
moneys to the credit of or in a special fund shall be
disbursed on the order
of the
commissioners, provided that no such
order is required for the payment from
the
bond service fund or
other special fund when due of bond service charges or
required
payments under credit enhancement facilities.
(P) The commissioners may covenant in the bond
proceedings,
and
any such covenants shall be controlling notwithstanding any
other provision of
law, that the state and the applicable officers
and agencies of the state,
including the general assembly, shall,
so long as any obligations are
outstanding in accordance with
their terms, maintain statutory authority for
and cause to be
charged and collected taxes, excises, and other receipts of
the
state so that the receipts to the bond service fund shall be
sufficient in
amounts to meet bond service charges and for the
establishment and maintenance
of any reserves and other
requirements, including payment of financing costs,
provided for
in the bond proceedings.
(Q) The obligations, and the transfer of, and the
interest,
interest equivalent, and other income and accreted amounts from,
including any
profit made on the sale, exchange, or other
disposition of, the obligations
shall at all times be free from
taxation, direct or indirect, within the
state.
(R) This section applies only with respect to obligations
issued
and delivered prior to September 30, 2000.
Sec. 5531.10. (A) As used in this chapter:
(1) "Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, lease-purchase agreements, and other
agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations.
(2) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations, and interest, and redemption premium, if any,
required to be paid by the state on obligations.
(3) "Bond service fund" means the applicable fund and
accounts therein created for and pledged to the payment of bond
service charges, which may be, or may be part of, the state infrastructure
bank revenue bond service fund created by division (R) of
this
section including all moneys and investments, and earnings from
investments, credited and to be credited thereto.
(4) "Issuing authority" means the treasurer of state, or
the officer who by law performs the functions of the treasurer of state.
(5) "Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.
(6) "Pledged receipts" means moneys accruing
to the state from the lease, lease-purchase, sale, or other
disposition, or use, of qualified projects,
and from the repayment, including
interest, of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of
obligations; income from the investment of the special funds;
any gifts, grants, donations, and pledges, and receipts
therefrom, available for the payment of bond service charges; and any amounts
in the state infrastructure bank pledged to the payment of such charges. If the amounts in the state infrastructure bank are insufficient for the payment of such charges, "pledged receipts" also means moneys that are apportioned by the United States secretary of transportation under United States Code, Title XXIII, as amended, or any successor legislation, or under any other federal law relating to aid for highways, and that are to be received as a grant by the state, to the extent the state is not prohibited by state or federal law from using such moneys and the moneys are pledged to the payment of such bond service charges.
(7) "Special funds" or "funds" means, except where the
context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond
proceedings, and the state infrastructure bank revenue bond service fund
created by division (R) of this section to the extent
provided in the bond proceedings, including all moneys and investments, and
earnings from investment, credited and to be credited thereto.
(8) "State infrastructure project" means any public
transportation project undertaken by the state, including, but not limited to,
all components of any such project, as described in division (D) of
section 5531.09 of the Revised Code.
(9) "District obligations" means bonds, notes, or other evidence of obligation including interest coupons pertaining thereto, issued to finance a qualified project by a transportation improvement district created pursuant to section 5540.02 of the Revised Code, of which the principal, including mandatory sinking fund requirements for retirement of such obligations, and interest and redemption premium, if any, are payable by the department of transportation.
(B) The issuing authority, after giving written
notice to the director of budget and management and upon the certification
by the director of transportation to the issuing
authority of the amount of moneys or additional moneys needed either for
state infrastructure projects or to provide financial assistance for any
of the purposes for which the state
infrastructure bank may be used under section 5531.09 of the Revised Code,
or needed for capitalized
interest, funding reserves, and paying costs and expenses
incurred in connection with the issuance, carrying, securing,
paying, redeeming, or retirement of the obligations or any
obligations refunded thereby, including payment of costs and
expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest
swap or hedging agreements, and any other credit enhancement,
liquidity, remarketing, renewal, or refunding arrangements, all
of which are authorized by this section, shall issue obligations of the state
under this section in the
required amount. The proceeds of such obligations, except for the
portion to be deposited in special funds, including reserve
funds, as may be provided in the bond proceedings, shall as
provided in the bond proceedings be credited to the infrastructure bank
obligations fund of the state infrastructure
bank created by section 5531.09
of the Revised Code and disbursed as provided in the bond proceedings for such obligations. The issuing authority may appoint trustees, paying
agents, transfer agents, and authenticating
agents, and may retain the services of financial
advisors, accounting experts, and attorneys, and retain or
contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the
issuing authority's judgment to carry out this section. The
costs of such services are payable from funds of the
state infrastructure bank.
(C) The holders or owners of such obligations shall have
no right to have moneys raised by taxation by the state of
Ohio obligated or pledged, and moneys so raised shall not
be obligated or pledged,
for the payment of bond service charges. The right of such holders
and owners to the payment of bond service charges is limited to all
or that portion of the pledged receipts and those special funds
pledged thereto pursuant to the bond proceedings for such obligations
in accordance
with this section, and each such obligation shall bear on its
face a statement to that effect. Moneys received as repayment of loans made by the state infrastructure bank pursuant to section 5531.09 of the Revised Code shall not be considered moneys raised by taxation by the state of Ohio regardless of the source of the moneys.
(D) Obligations shall be authorized by order
of the issuing authority and the bond proceedings shall provide
for the purpose thereof and the principal amount or amounts, and
shall provide for or authorize the manner or agency for
determining the principal maturity or maturities, not exceeding
twenty-five years from the date of issuance, the interest rate or
rates or the maximum interest rate, the date of the obligations
and the dates of payment of interest thereon, their denomination,
and the establishment within or without the state of a place or
places of payment of bond service charges. Sections 9.98 to
9.983 of the Revised Code are applicable to obligations issued
under this section. The purpose of such
obligations may be stated in the bond proceedings in terms
describing the general purpose or purposes to be served. The
bond proceedings also shall provide, subject to the provisions of
any other applicable bond proceedings, for the pledge of all, or
such part as the issuing authority may
determine, of the pledged
receipts and the applicable special fund or funds to the payment
of bond service charges, which pledges may be made either prior
or subordinate to other expenses, claims, or payments, and may be
made to secure the obligations on a parity with obligations
theretofore or thereafter issued, if and to the extent provided
in the bond proceedings. The pledged receipts and special funds
so pledged and thereafter received by the state immediately
are subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledges is valid
and binding against all parties having claims of any kind against
the state or any governmental agency of the state, irrespective
of whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of the Revised
Code, without the necessity for separation or
delivery of funds or for the filing or recording of the bond
proceedings by which such pledge is created or any certificate,
statement, or other document with respect thereto; and the pledge
of such pledged receipts and special funds is effective and the
money therefrom and thereof may be applied to the purposes for
which pledged without necessity for any act of appropriation.
Every pledge, and every covenant and agreement made with respect
thereto, made in the bond proceedings may therein be extended to
the benefit of the owners and holders of obligations authorized
by this section, and to any trustee therefor, for the further
security of the payment of the bond service charges.
(E) The bond proceedings may contain additional provisions
as to:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority at such price or prices and under
such terms and conditions as are provided in the bond
proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(5) The deposit, investment, and application of special
funds, and the safeguarding of moneys on hand or on deposit,
without regard to Chapter 131. or 135. of the Revised Code, but
subject to any special provisions of this section with
respect
to particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special
funds may furnish such indemnifying bonds or may pledge such
securities as required by the issuing authority;
(6) Any or every provision of the bond proceedings being
binding upon such officer, board, commission, authority, agency,
department, or other person or body as may from time to time have
the authority under law to take such actions as may be necessary
to perform all or any part of the duty required by such
provision;
(7) Any provision that may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security
relating to financial assistance for qualified projects under section
5531.09 of the Revised Code.
(F) The obligations may have the great seal of the state
or a facsimile thereof affixed thereto or printed thereon. The
obligations and any coupons pertaining to obligations shall be
signed or bear the facsimile signature of the issuing authority.
Any obligations or coupons may be executed by the person who, on
the date of execution, is the proper issuing authority although
on the date of such bonds or coupons such person was not the
issuing authority. In case the issuing authority whose signature
or a facsimile of whose signature appears on any such obligation
or coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile nevertheless is valid
and sufficient for all purposes as if the former issuing
authority had remained the issuing
authority until such delivery; and in case the seal to be affixed
to obligations has been changed after a facsimile of the seal has
been imprinted on such obligations, such facsimile seal shall
continue to be sufficient as to such obligations and obligations
issued in substitution or exchange therefor.
(G) All obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both, as the issuing authority determines. Provision may be made
for the registration of any obligations with coupons attached
thereto as to principal alone or as to both principal and
interest, their exchange for obligations so registered, and for
the conversion or reconversion into obligations with coupons
attached thereto of any obligations registered as to both
principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.
(H) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(I) Pending preparation of definitive obligations, the
issuing authority may issue interim receipts or certificates
which shall be exchanged for such definitive obligations.
(J) In the discretion of the issuing authority,
obligations may be secured additionally by a trust agreement or
indenture between the issuing authority and a corporate trustee
which may be any trust company or bank having its principal a place
of business within the state. Any such agreement or indenture
may contain the order authorizing the issuance of
the obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or
appropriate in an agreement or indenture of such type, including,
but not limited to:
(1) Maintenance of each pledge, trust agreement,
indenture, or other instrument comprising part of the bond
proceedings until the state has fully paid the bond service
charges on the obligations secured thereby, or provision therefor
has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the
obligations were issued, enforcement of such payments or
agreement by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of the foregoing;
(3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on the rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the issuing
authority agree upon, including limitations, conditions, or
qualifications relating to any of the foregoing.
(K) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's or
trustee's rights are restricted
by the bond proceedings, may by any suitable form of legal
proceedings, protect and enforce any rights under the laws of
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the
issuing authority and the director of transportation required by the bond
proceedings or sections 5531.09 and 5531.10 of the
Revised Code; to enjoin unlawful activities; and in the
event of
default with respect to the payment of any bond service charges
on any obligations or in the performance of any covenant or
agreement on the part of the issuing authority or the director of
transportation in the bond
proceedings, to apply to a court having jurisdiction of the cause
to appoint a receiver to receive and administer the pledged
receipts and special funds, other than those in the custody of
the treasurer of state, which are pledged to the payment of the
bond service charges on such obligations or which are the subject
of the covenant or agreement, with full power to pay, and to
provide for payment of bond service charges on, such obligations,
and with such powers, subject to the direction of the court, as
are accorded receivers in general equity cases, excluding any
power to pledge additional revenues or receipts or other income
or moneys of the state or local
governmental entities, or agencies
thereof, to the payment of such principal and
interest and excluding the power to take possession of, mortgage,
or cause the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing
authority's officers and employees, and of each state or local
governmental
agency and its officers, members, or employees, undertaken
pursuant to the bond proceedings or any loan, loan
guarantee, lease, lease-purchase agreement, or
other agreement made under authority of section
5531.09 of the Revised Code, and in every agreement by
or with the issuing authority,
is hereby established as a duty of the issuing authority, and of
each such officer, member, or employee having authority to
perform such duty, specifically enjoined by the law resulting
from an office, trust, or station within the meaning of section
2731.01 of the Revised Code.
The person who is at the time the issuing authority, or the
issuing authority's officers or employees, are not liable in
their personal capacities on any obligations issued by the
issuing authority or any agreements of or with the issuing
authority.
(L) The issuing authority may authorize and issue
obligations for the refunding, including funding and retirement,
and advance refunding with or without payment or redemption prior
to maturity, of any obligations previously issued by the issuing
authority or district obligations. Such refunding obligations may be issued in amounts sufficient
for payment of the principal amount of the prior obligations or district obligations, any
redemption premiums thereon, principal maturities of any such
obligations or district obligations maturing prior to the redemption of the remaining
obligations or district obligations on a parity therewith, interest accrued or to accrue
to the maturity dates or dates of redemption of such obligations or district obligations,
and any expenses incurred or to be
incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of refunding obligations
issued under this division to be applied to bond service charges
on the prior obligations or district obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or
to the appropriate account in the bond service fund for such
obligations or district obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations or district obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise
provided in this section. The
last maturity of obligations authorized under this division shall not be later
than twenty-five years from the date of issuance of the original securities
issued for the original purpose.
(M) The authority to issue obligations under this section
includes authority to issue obligations in the form of bond
anticipation notes and to renew the same from time to time by the
issuance of new notes. The holders of such notes or interest
coupons pertaining thereto shall have a right to be paid solely
from the pledged receipts and special funds that may be pledged
to the payment of the bonds anticipated, or from the proceeds of
such bonds or renewal notes, or both, as the issuing authority
provides in the order authorizing such notes. Such
notes may be additionally secured by covenants of the issuing
authority to the effect that the issuing authority and the state
will do such or all things necessary for the issuance of such
bonds or renewal notes in the appropriate amount, and apply the
proceeds thereof to the extent necessary, to make full payment of
the principal of and interest on such notes at the time or times
contemplated, as provided in such order. For such
purpose, the issuing authority may issue bonds or renewal notes
in such principal amount and upon such terms as may be necessary
to provide funds to pay when required the principal of and
interest on such notes, notwithstanding any limitations
prescribed by or for purposes of this section. Subject to this
division, all provisions for and references to obligations in
this section are applicable to notes authorized under this
division.
The issuing authority in the bond proceedings authorizing
the issuance of bond anticipation notes shall set forth for such
bonds an estimated interest rate and a schedule of principal
payments for such bonds and the annual maturity dates thereof.
(N) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic
for life and domestic not for life, trustees or other officers
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this
state, the commissioners of the sinking fund of the state, the
administrator of workers' compensation, the state teachers retirement
system, the public employees retirement system, the school
employees retirement system, and the Ohio police and
fire pension fund, notwithstanding any other
provisions
of the Revised Code or rules adopted pursuant thereto by any
agency of the state with respect to investments by
them, and are also acceptable as security for the deposit of
public moneys.
(O) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the special funds
established by or pursuant to this section may be invested by or
on behalf of the issuing authority only in notes, bonds, or other
obligations of the United States, or of any agency or
instrumentality of the United States, obligations guaranteed
as to principal and interest by the United States,
obligations of this state or
any political subdivision of this state, and certificates of deposit of
any national bank located in this state and any bank, as defined
in section 1101.01 of the Revised Code, subject to inspection by
the superintendent of financial institutions. If the law
or the instrument
creating a trust pursuant to division (J) of this section
expressly permits investment in direct obligations of the United
States or an agency of the United States, unless
expressly prohibited by the
instrument, such moneys also may be invested in no-front-end-load
money market mutual funds consisting exclusively of obligations
of the United States or an agency of the United
States and in repurchase
agreements, including those issued by the fiduciary itself,
secured by obligations of the United States or an agency of
the United States;
and in collective
investment funds as defined in division (A) of section
1111.01 of the Revised Code and consisting exclusively
of any
such securities.
The income from such investments shall be credited to such funds
as the issuing authority determines, and such investments may be
sold at such times as the issuing authority determines or
authorizes.
(P) Provision may be made in the applicable bond
proceedings for the establishment of separate accounts in the
bond service fund and for the application of such accounts only
to the specified bond service charges on obligations pertinent to
such accounts and bond service fund and for other accounts
therein within the general purposes of such fund. Unless
otherwise provided in any applicable bond proceedings, moneys to
the credit of or in the several special funds established
pursuant to this section shall be disbursed on the order of the
treasurer of state, provided that no such order is required for
the payment from the bond service fund when due of bond service
charges on obligations.
(Q)(1) The issuing authority may pledge
all, or such portion
as the issuing authority determines, of the pledged receipts to
the payment of bond service charges on obligations issued under
this section, and for the establishment and maintenance of any
reserves, as provided in the bond proceedings, and make other
provisions therein with respect to pledged receipts as authorized
by this chapter, which provisions are controlling notwithstanding
any other provisions of law pertaining thereto.
(2) An action taken under division
(Q)(2) of this section does not limit the
generality of division (Q)(1) of this section, and is subject to
division (C) of this section and, if and to the extent otherwise
applicable, Section 13 of Article VIII,
Ohio Constitution. The bond proceedings may contain a
covenant that, in the event the pledged
receipts primarily pledged and required to be used for the payment of bond
service charges on obligations issued under this section, and for the
establishment and maintenance of any reserves, as provided in the bond
proceedings, are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall so notify the
governor, and shall determine to what extent, if any, the payment may be made
or moneys may be restored to the reserves from lawfully available moneys
previously appropriated for that purpose to the department of transportation.
The covenant also may
provide that if the payments are not made or the moneys are not immediately
and
fully restored to the reserves from such moneys, the director shall
promptly submit to the governor and to the director of budget and management a
written request for either or both of the following:
(a) That the next biennial budget submitted by the governor to
the general assembly include an amount to be appropriated from lawfully
available
moneys to the department for the purpose of and sufficient for the payment in
full of bond service charges previously due and for the full
replenishment of the reserves;
(b) That the general assembly be requested to increase
appropriations from lawfully available moneys for
the department in the current biennium sufficient for the purpose of and for
the payment in full of bond service charges previously due and to come due in
the biennium and for the full replenishment of the reserves.
The director of transportation shall include with such requests a
recommendation that the
payment of the bond service charges and the replenishment of the reserves be
made in the interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to obligate the state
to
pay the bond service charges on such bonds or notes or to deposit moneys
in a reserve established for such payments other than from moneys that may be
lawfully available and appropriated for that purpose during the then-current
biennium.
(R) There is hereby created the state infrastructure bank revenue
bond service fund, which shall be in the custody of the treasurer of
state but shall not be a part of the
state treasury. All moneys received by or on account of the
issuing authority or state agencies and required by the
applicable bond proceedings, consistent with this section, to be
deposited, transferred, or credited to the bond service fund, and all
other moneys transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any
separate accounts therein, subject to applicable provisions of
the bond proceedings, but without necessity for any act of
appropriation. The state infrastructure
bank
revenue bond service fund is a trust fund and is
hereby pledged to the payment of bond service charges to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation.
(S) The obligations issued pursuant to this section, the transfer
thereof, and the income therefrom, including any profit made on the sale
thereof, shall at all times be free from taxation within this state.
Sec. 5533.531. The road known as state route one hundred eighteen, commencing at the southernmost boundary of the municipal corporation of St. Henry and extending southward to the intersection of that state route and state route forty-seven, shall be known as "Earl Baltes Highway."
The director of transportation may erect suitable markers along the highway indicating its name.
Sec. 5533.632. The road known as state route number two, running in an easterly and westerly direction, within the municipal corporation of Willoughby only, shall be known as the "Brian Montgomery Memorial Highway."
The director of transportation may erect suitable markers along the highway indicating its name.
Sec. 5533.91. That part of the road known as state route number forty-four, located within Lake county and commencing at the intersection of that state route and state route number two and extending in a northerly direction and ending at headlands beach state park, shall be known as the "LCpl Andy Nowacki Memorial Highway."
The director of transportation may erect suitable markers along the highway indicating its name.
Sec. 5537.04. (A) The Ohio turnpike commission may do any
of the following:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Adopt an official seal, which shall not be the great
seal of the state and which need not be in compliance with
section 5.10 of the Revised Code;
(3) Maintain a principal office and suboffices at such
places within the state as it designates;
(4) Sue and be sued in its own name, plead and be
impleaded, provided any actions against the commission shall be
brought in the court of common pleas of the county in which the
principal office of the commission is located, or in the court of
common pleas of the county in which the cause of action arose if
that county is located within this state, and all summonses,
exceptions, and notices of every kind shall be served on the
commission by leaving a copy thereof at its principal office with
the secretary-treasurer or executive director of the commission;
(5) Construct, maintain, repair, police, and operate the
turnpike system, and establish rules for the use of any turnpike
project;
(6) Issue revenue bonds of the state, payable solely from
pledged revenues, as provided in this chapter, for the purpose of
paying any part of the cost of constructing any one or more
turnpike projects;
(7) Fix, and revise from time to time, and charge and
collect tolls;
(8) Acquire, hold, and dispose of property in the exercise
of its powers and the performance of its duties under this
chapter;
(9) Designate the locations and establish, limit, and
control such points of ingress to and egress from each turnpike
project as are necessary or desirable in the judgment of the
commission and of the director of transportation to ensure the
proper operation and maintenance of that project, and prohibit
entrance to such a project from any point not so designated;
(10) Make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this chapter, including participation in a multi-jurisdiction electronic toll collection agreement and collection or remittance of tolls, fees, or other charges to or from entities or agencies that participate in such an agreement;
(11) Employ or retain or contract for the services of
consulting engineers, superintendents, managers, and any other
engineers, construction and accounting experts, financial
advisers, trustees, marketing, remarketing, and administrative
agents, attorneys, and other employees, independent contractors,
or agents that are necessary in its judgment and fix their
compensation, provided all such expenses shall be payable solely
from the proceeds of bonds or from revenues of the Ohio turnpike
system;
(12) Receive and accept from any federal agency, subject
to the approval of the governor, and from any other governmental
agency grants for or in aid of the construction, reconstruction,
repair, renovation, maintenance, or operation of any turnpike
project, and receive and accept aid or contributions from any
source or person of money, property, labor, or other things of
value, to be held, used, and applied only for the purposes for
which such grants and contributions are made;
(13) Provide coverage for its employees under Chapters
4123. and 4141. of the Revised Code;
(14) Fix and revise by rule, from time to time, such permit fees, processing fees, or administrative charges for the prepayment, deferred payment, or nonpayment of tolls and use of electronic tolling equipment or other commission property.
(B) The commission may do all acts necessary or proper to
carry out the powers expressly granted in this chapter.
Sec. 5537.16. (A) The Ohio turnpike commission may adopt
such bylaws and rules as it considers advisable for the control
and regulation of traffic on any turnpike project, for the
protection and preservation of property under its jurisdiction
and control, and for the maintenance and preservation of good
order within the property under its control, and for the purpose of establishing owner or operator liability for failure to comply with toll collection rules. The rules of the
commission with respect to the speed, use of special engine brakes, axle loads, vehicle loads,
and vehicle dimensions of vehicles on turnpike projects, including the issuance of a special permit by the commission to allow the operation on any turnpike project of a motor vehicle transporting two or fewer steel coils, shall
apply notwithstanding sections 4511.21 to 4511.24, 4513.34, and
Chapter 5577. of the Revised Code. Such bylaws and rules shall
be published in a newspaper of general circulation in Franklin
county, and in such other manner as the commission prescribes.
(B) Such rules shall provide that public police officers
shall be afforded ready access, while in the performance of their
official duty, to all property under the jurisdiction of the
commission and without the payment of tolls.
(C) No person shall violate any such bylaws or rules of
the commission. All
(D)(1) All fines collected for the violation of
applicable laws of the state and the bylaws and rules of the
commission or moneys arising from bonds forfeited for such
violation shall be disposed of in accordance with section 5503.04
of the Revised Code.
(2) All fees or charges assessed by the commission against an owner or operator of a vehicle as a civil violation for failure to comply with toll collection rules shall be revenues of the commission.
Sec. 5537.99. Whoever (A) Except as provided in division (B) of this section, whoever violates division (C) of section 5537.16 of the Revised
Code is guilty of a minor misdemeanor on a first offense; on each subsequent
offense such person is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates division (C) of section 5537.16 of the Revised Code when the violation is a civil violation for failure to comply with toll collection rules is subject to a fee or charge established by the commission by rule.
Sec. 5703.57. (A) As used in this section, "Ohio business gateway" has the same meaning as in section 718.051 of the Revised Code.
(B) There is hereby created the Ohio business gateway steering committee to direct the continuing development of the Ohio business gateway and to oversee its operations. The committee shall provide general oversight regarding operation of the Ohio business gateway and shall recommend to the department of administrative services office of information technology enhancements that will improve the Ohio business gateway. The committee shall consider all banking, technological, administrative, and other issues associated with the Ohio business gateway and shall make recommendations regarding the type of reporting forms or other tax documents to be filed through the Ohio business gateway.
(C) The committee shall consist of:
(1) The following members, appointed by the governor with the advice and consent of the senate:
(a) Not more than two representatives of the business community;
(b) Not more than three representatives of municipal tax administrators; and
(c) Not more than two tax practitioners.
(2) The following ex officio members:
(a) The director or other highest officer of each state agency that has tax reporting forms or other tax documents filed with it through the Ohio business gateway or the director's designee;
(b) The secretary of state or the secretary of state's designee;
(c) The treasurer of state or the treasurer of state's designee;
(d) The director of budget and management or the director's designee;
(e) The director of the office of information technology state chief information officer or the director's officer's designee; and
(f)(e) The tax commissioner or the tax commissioner's designee.
An appointed member shall serve until the member resigns or is removed by the governor. Vacancies shall be filled in the same manner as original appointments.
(D) A vacancy on the committee does not impair the right of the other members to exercise all the functions of the committee. The presence of a majority of the members of the committee constitutes a quorum for the conduct of business of the committee. The concurrence of at least a majority of the members of the committee is necessary for any action to be taken by the committee. On request, each member of the committee shall be reimbursed for the actual and necessary expenses incurred in the discharge of the member's duties.
(E) The committee is a part of the department of taxation for administrative purposes.
(F) Each year, the governor shall select a member of the committee to serve as chairperson. The chairperson shall appoint an official or employee of the department of taxation to act as the committee's secretary. The secretary shall keep minutes of the committee's meetings and a journal of all meetings, proceedings, findings, and determinations of the committee.
(G) The committee shall hire professional, technical, and clerical staff needed to support its activities.
(H) The committee shall meet as often as necessary to perform its duties.
Sec. 5703.80. There is hereby created in the state treasury the property tax administration fund. All money to the credit of the fund shall be used to defray the costs incurred by the department of taxation in administering the taxation of property and the equalization of real property valuation.
Each fiscal year between the first and fifteenth days of July, the tax commissioner shall compute the following amounts for the property in each taxing district in each county, and certify to the director of budget and management the sum of those amounts for all taxing districts in all counties:
(A) For fiscal year 2006, thirty-three hundredths of one per cent of the total amount by which taxes charged against real property on the general tax list of real and public utility property were reduced under section 319.302 of the Revised Code for the preceding tax year;
(B) For fiscal year 2007 and thereafter, thirty-five hundredths of one per cent of the total amount by which taxes charged against real property on the general tax list of real and public utility property were reduced under section 319.302 of the Revised Code for the preceding tax year;
(C) For fiscal year 2006, one-half of one per cent of the total amount of taxes charged and payable against public utility personal property on the general tax list of real and public utility property for the preceding tax year and of the total amount of taxes charged and payable against tangible personal property on the general tax list of personal property of the preceding tax year and for which returns were filed with the tax commissioner under section 5711.13 of the Revised Code;
(D) For fiscal year 2007, fifty-six hundredths of one per cent of the total amount of taxes charged and payable against public utility personal property on the general tax list of real and public utility property for the preceding tax year and of the total amount of taxes charged and payable against tangible personal property on the general tax list of personal property of the preceding tax year and for which returns were filed with the tax commissioner under section 5711.13 of the Revised Code;
(E) For fiscal year 2008 and thereafter, six-tenths of one per cent of the total amount of taxes charged and payable against public utility personal property on the general tax list of real and public utility property for the preceding tax year and of the total amount of taxes charged and payable against tangible personal property on the general tax list of personal property of the preceding tax year and for which returns were filed with the tax commissioner under section 5711.13 of the Revised Code;
(F) For fiscal year 2009 and thereafter, seven hundred twenty-five one-thousandths of one per cent of the total amount of taxes charged and payable against public utility personal property on the general tax list of real and public utility property for the preceding tax year and of the total amount of taxes charged and payable against tangible personal property on the general tax list of personal property of the preceding tax year and for which returns were filed with the tax commissioner under section 5711.13 of the Revised Code.
After receiving the tax commissioner's certification, the director of budget and management shall transfer from the general revenue fund to the property tax administration fund one-fourth of the amount certified on or before each of the following days: the first days of August, November, February, and May.
On or before the thirtieth day of June of the fiscal year, the tax commissioner shall certify to the director of budget and management the sum of the amounts by which the amounts computed for a taxing district under this section exceeded the distributions to the taxing district under division (F) of section 321.24 of the Revised Code, and the director shall transfer that sum from the property tax administration fund to the general revenue fund.
Sec. 5705.01. As used in this chapter:
(A) "Subdivision" means any county; municipal corporation;
township; township police district; township fire district; joint
fire district; joint ambulance district; joint emergency medical
services
district; fire and ambulance district; joint recreation
district; township waste disposal district; township road
district; community college district; technical college district;
detention facility district; a district organized under
section
2151.65 of the Revised Code; a combined district organized under
sections 2152.41 and 2151.65 of the Revised Code; a
joint-county
alcohol, drug addiction, and mental health service district; a
drainage improvement district created under section 6131.52 of
the
Revised Code; a union cemetery district; a county school
financing
district; or a city, local, exempted village,
cooperative
education, or joint vocational school district; or a student special services district created under section 3313.82 of the Revised Code.
(B) "Municipal corporation" means all municipal
corporations, including those that have adopted a charter under
Article XVIII, Ohio Constitution.
(C) "Taxing authority" or "bond issuing authority" means,
in
the case of any county, the board of county commissioners; in
the
case of a municipal corporation, the council or other
legislative
authority of the municipal corporation; in the case
of a city,
local, exempted village, cooperative education, or
joint
vocational school district, the board of education; in the
case of
a community college district, the board of trustees of
the
district; in the case of a technical college district, the
board
of trustees of the district; in the case of a detention
facility
district, a district organized under section
2151.65 of the
Revised Code, or a combined district organized under sections
2152.41 and 2151.65 of the Revised Code, the joint
board of
county
commissioners of the district; in the case of a township,
the
board of township trustees; in the case of a joint fire
district,
the board of fire district trustees; in the case of a
joint
recreation district, the joint recreation district board of
trustees; in the case of a joint-county alcohol, drug addiction,
and mental health service district, the district's board of
alcohol, drug addiction, and mental health services; in the case
of a joint ambulance district or a fire and ambulance district,
the board of
trustees of the
district; in the case of a union
cemetery district, the
legislative authority of the municipal
corporation and the board
of township trustees, acting jointly as
described in section
759.341 of the Revised Code; in the case of a
drainage
improvement district, the board of county commissioners
of the
county in which the drainage district is located; in the
case of a joint
emergency medical services district, the joint
board of county commissioners
of all counties in which all or any
part of the district lies; and in the case
of a township police
district, a township fire district, a
township road district, or a
township waste disposal district,
the board of township trustees
of the township in which the
district is located. "Taxing
authority" also means the
educational service center governing
board that
serves as the taxing authority of a
county school
financing district as provided in section 3311.50
of the Revised
Code, and the board of directors of a student special services district created under section 3313.82 of the Revised Code.
(D) "Fiscal officer" in the case of a county, means the
county auditor; in the case of a municipal corporation, the city
auditor or village clerk, or
an officer
who, by virtue of
the
charter, has the duties and functions of the city auditor or
village clerk, except that in the case of a municipal university
the board of directors of which have assumed, in the manner
provided by law, the custody and control of the funds of the
university, the chief accounting officer of the university shall
perform, with respect to the funds, the duties vested in the
fiscal officer of the subdivision by sections 5705.41 and 5705.44
of the Revised Code; in the case of a school district, the
treasurer of the board of education; in the case of a county
school financing district, the treasurer of the educational
service center governing board that serves as the
taxing
authority; in the case of a
township, the township
fiscal
officer; in the case of a joint fire
district, the clerk of the
board of fire district trustees; in
the case of a joint ambulance
district, the clerk of the board of
trustees of the district; in
the case of a joint emergency medical services
district, the
person appointed as fiscal officer pursuant to division (D) of
section 307.053 of the Revised Code; in the case of a fire and
ambulance
district, the person appointed as fiscal officer
pursuant to division (B) of
section 505.375 of the Revised Code;
in the case of a joint recreation
district, the person designated
pursuant to section 755.15 of the
Revised Code; in the case of a
union cemetery district, the clerk
of the municipal corporation
designated in section 759.34 of the
Revised Code; in the case of a
children's home district,
educational
service center, general
health district, joint-county alcohol, drug addiction, and mental
health service district, county library district, detention
facility
district, district organized under section 2151.65 of the
Revised
Code, a combined district organized under sections
2152.41 and
2151.65 of the Revised Code, or a metropolitan park
district for
which no treasurer has been appointed pursuant to
section 1545.07
of the Revised Code, the county auditor of the
county designated
by law to act as the auditor of the district; in
the case of a
metropolitan park district which has appointed a
treasurer
pursuant to section 1545.07 of the Revised Code, that
treasurer;
in the case of a drainage improvement district, the
auditor of
the county in which the drainage improvement district
is located; in the case of a student special services district, the fiscal officer appointed pursuant to section 3313.82 of the Revised Code;
and in all other cases, the officer responsible for
keeping the
appropriation accounts and drawing warrants for the
expenditure
of the moneys of the district or taxing unit.
(E) "Permanent improvement" or "improvement" means any
property, asset, or improvement with an estimated life or
usefulness of five years or more, including land and interests
therein, and reconstructions, enlargements, and extensions
thereof
having an estimated life or usefulness of five years or
more.
(F) "Current operating expenses" and "current expenses"
mean
the lawful expenditures of a subdivision, except those for
permanent improvements, and except payments for interest, sinking
fund, and retirement of bonds, notes, and certificates of
indebtedness of the subdivision.
(G) "Debt charges" means interest, sinking fund, and
retirement charges on bonds, notes, or certificates of
indebtedness.
(H) "Taxing unit" means any subdivision or other
governmental district having authority to levy taxes on the
property in the district or issue bonds that constitute a charge
against the property of the district, including conservancy
districts, metropolitan park districts, sanitary districts, road
districts, and other districts.
(I) "District authority" means any board of directors,
trustees, commissioners, or other officers controlling a district
institution or activity that derives its income or funds from two
or more subdivisions, such as the educational
service center, the
trustees of district
children's homes, the district board of
health, a joint-county
alcohol, drug addiction, and mental health
service district's
board of alcohol, drug addiction, and mental
health services,
detention facility districts, a joint recreation
district
board of
trustees, districts organized under section
2151.65 of the
Revised Code, combined districts organized under
sections
2152.41 and 2151.65 of the Revised Code, and other such
boards.
(J) "Tax list" and "tax duplicate" mean the general tax
lists and duplicates prescribed by sections 319.28 and 319.29 of
the Revised Code.
(K) "Property" as applied to a tax levy means taxable
property listed on general tax lists and duplicates.
(L) "School library district" means a school district in
which a free public library has been established that is under
the
control and management of a board of library trustees as
provided
in section 3375.15 of the Revised Code.
Sec. 5705.214. Not more than three elections during any calendar year shall
include the questions by a school district of tax levies proposed under any
one
or any combination of the following sections: sections 5705.194, 5705.21,
5705.212, 5705.213, 5705.217, and
5705.218, 5748.02, 5748.021, and 5748.08
of the Revised Code.
Sec. 5705.219. (A) If the board of directors of a student special services district created under section 3313.82 of the Revised Code desires to levy a tax in excess of the ten-mill limitation throughout the district for the purpose of funding the services to be provided by the district to students enrolled in the school districts of which the district is composed and their immediate family members, the board shall propose the levy to each of the boards of education of those school districts. The proposal shall specify the rate or amount of the tax, the number of years the tax will be levied or that it will be levied for a continuing period of time, and that the aggregate rate of the tax shall not exceed three mills per dollar of taxable value in the student special services district.
(B)(1) If a majority of the boards of education of the school districts of which the student special services district is composed approves the proposal for the tax levy, the board of directors of the student special services district may adopt a resolution approved by a majority of the board's full membership declaring the necessity of levying the proposed tax in excess of the ten-mill limitation throughout the district for the purpose of funding the services to be provided by the district to students enrolled in the school districts of which the district is composed and their immediate family members. The resolution shall provide for the question of the tax to be submitted to the electors of the district at a general, primary, or special election on a day to be specified in the resolution that is consistent with the requirements of section 3501.01 of the Revised Code and that occurs at least seventy-five days after the resolution is certified to the board of elections. The resolution shall specify the rate or amount of the tax and the number of years the tax will be levied or that the tax will be levied for a continuing period of time. The aggregate rate of tax levied by a student special services district under this section at any time shall not exceed three mills per dollar of taxable value in the district. A tax levied under this section may be renewed, subject to section 5705.25 of the Revised Code, or replaced as provided in section 5705.192 of the Revised Code.
(2) The resolution shall take effect immediately upon passage, and no publication of the resolution is necessary other than that provided in the notice of election. The resolution shall be certified and submitted in the manner provided under section 5705.25 of the Revised Code, and that section governs the arrangements governing submission of the question and other matters concerning the election.
Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 or 5705.219 of the Revised Code shall be
certified
by the taxing authority to the board of elections of
the proper
county not less than seventy-five days before the
general election
in any year, and the board shall submit the
proposal to the
electors of the subdivision at the succeeding
November election.
Except as otherwise provided in this
division, a resolution to
renew an existing levy, regardless of
the section of the Revised
Code under which the tax was imposed,
shall not be placed on the
ballot unless the question is
submitted at the general election
held during the last year the
tax to be renewed or replaced may be
extended on the real and
public utility property tax list and
duplicate, or at any
election held in the ensuing year. The
limitation of the
foregoing sentence does not apply to a
resolution
to renew and
increase or to renew part of an existing
levy that was imposed
under section 5705.191 of the Revised Code
to supplement the
general fund for the purpose of making
appropriations for one or
more of the following purposes: for
public assistance, human or
social services, relief, welfare,
hospitalization, health, and
support of general hospitals.
The
limitation of the second preceding sentence also does not
apply to
a resolution that proposes to renew two or more existing levies
imposed under section 5705.21 of the Revised Code, in which case
the question shall be submitted on the date of the general or
primary election held during the last year at least one of the
levies to be
renewed may be extended on the real and public
utility property tax list and
duplicate, or at any election held
during the ensuing year. For
purposes of this section, a levy
shall be considered to be an
"existing levy" through the year
following the last year it can be
placed on that tax list and
duplicate.
The board shall
make the necessary arrangements for the
submission of such
questions to the electors of such subdivision,
and the election
shall be conducted, canvassed, and certified in
the same manner
as regular elections in such subdivision for the
election of
county officers. Notice of the election shall be
published in a
newspaper of general circulation in the subdivision
once a week
for two consecutive weeks prior to the election,
and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the
purpose, the proposed increase in rate expressed in
dollars and
cents for each one hundred dollars of valuation as
well as in
mills for each one dollar of valuation, the number of
years
during which the increase will be in effect, the first
month
and year in which the
tax will be levied, and the time and place
of the election.
(B) The form of the ballots cast at an election held
pursuant to division (A) of this section shall be as follows:
"An additional tax for the benefit of (name of subdivision
or
public library) .......... for the purpose of (purpose stated
in
the resolution) .......... at a rate not exceeding ......
mills
for each one dollar of valuation, which amounts to (rate
expressed
in dollars and cents) ............ for each one hundred
dollars of
valuation, for ...... (life of indebtedness or number
of years the
levy is to run).
|
|
For the Tax Levy |
|
|
|
Against the Tax Levy |
" |
(C) If the levy is to be in effect for a continuing period
of time, the notice of election and the form of ballot shall so
state instead of setting forth a specified number of years for
the
levy.
If the tax is to be placed on the current tax list, the form
of the
ballot shall be modified by adding, after the statement of
the number of years
the levy is to run, the phrase
", commencing
in
.......... (first year the tax
is to be levied), first due in
calendar year .......... (first
calendar year in which the tax
shall be due)."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words
"An additional" at the beginning of the form, the
words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words
"A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words
"A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case
of
a decrease in the proposed levy.
If the levy submitted is a proposal to renew two or more
existing
levies imposed under section 5705.21 of the Revised Code,
the form
of the ballot specified in division (B) of this section
shall be
modified by substituting for the words
"an additional
tax" the words
"a
renewal of ....(insert the
number of levies to
be renewed) existing taxes."
The question covered by such resolution shall be submitted
as
a separate proposition but may be printed on the same ballot
with
any other proposition submitted at the same election, other
than
the election of officers. More than one such question may
be
submitted at the same election.
(D) A levy voted in excess of the ten-mill limitation
under
this section shall be certified to the tax commissioner.
In the
first year of the levy, it shall be extended on the
tax lists
after the February settlement succeeding the
election. If the
additional tax is to be placed upon the
tax list of the current
year, as specified in the resolution
providing for its submission,
the result of the election shall be
certified immediately after
the canvass by the board of elections
to the taxing authority, who
shall make the necessary
levy and certify it to the county
auditor, who shall extend it on
the tax lists for collection.
After the first year, the tax levy
shall be included in the annual
tax budget that is certified to
the county budget commission.
Sec. 5705.29. This section does not apply to a subdivision or
taxing unit for which the county budget commission has waived the
requirement to adopt a tax budget pursuant to section 5705.281 of
the Revised Code. The tax budget shall present the following
information in such detail as is prescribed by the auditor of
state:
(A)(1) A statement of the necessary current operating
expenses for the ensuing fiscal year for each department and
division of the subdivision, classified as to personal services
and other expenses, and the fund from which such expenditures are
to be made. Except in the case of a school district, this
estimate may include a contingent expense not designated for any
particular purpose, and not to exceed three per cent of the total
amount of appropriations for current expenses. In the case of a
school district, this estimate may include a contingent expense
not designated for any particular purpose and not to exceed
thirteen per cent of the total amount of appropriations for
current expenses.
(2) A statement of the expenditures for the ensuing fiscal
year necessary for permanent improvements, exclusive of any
expense to be paid from bond issues, classified as to the
improvements contemplated by the subdivision and the fund from
which such expenditures are to be made;
(3) The amounts required for the payment of final
judgments;
(4) A statement of expenditures for the ensuing fiscal
year
necessary for any purpose for which a special levy is
authorized,
and the fund from which such expenditures are to be
made;
(5) Comparative statements, so far as possible, in
parallel
columns of corresponding items of expenditures for the
current
fiscal year and the two preceding fiscal years.
(B)(1) An estimate of receipts from other sources than the
general property tax during the ensuing fiscal year, which shall
include an estimate of unencumbered balances at the end of the
current fiscal year, and the funds to which such estimated
receipts are credited;
(2) The amount each fund requires from the general
property
tax, which shall be the difference between the
contemplated
expenditure from the fund and the estimated
receipts, as provided
in this section. The section of the
Revised Code under which the
tax is authorized shall be set
forth.
(3) Comparative statements, so far as possible, in
parallel
columns of taxes and other revenues for the current
fiscal year
and the two preceding fiscal years.
(C)(1) The amount required for debt charges;
(2) The estimated receipts from sources other than the tax
levy for payment of such debt charges, including the proceeds of
refunding bonds to be issued to refund bonds maturing in the next
succeeding fiscal year;
(3) The net amount for which a tax levy shall be made,
classified as to bonds authorized and issued prior to January 1,
1922, and those authorized and issued subsequent to such date,
and
as to what portion of the levy will be within and what in
excess
of the ten-mill limitation.
(D) An estimate of amounts from taxes authorized to be
levied in excess of the ten-mill limitation on the tax rate, and
the fund to which such amounts will be credited, together with
the
sections of the Revised Code under which each such tax is
exempted
from all limitations on the tax rate.
(E)(1) A board of education may include in its budget for
the fiscal year in which a levy proposed under section 5705.194,
5705.21, or 5705.213, or the original levy under section 5705.212
of the Revised Code is first extended on the tax list and
duplicate an estimate of expenditures to be known as a voluntary
contingency reserve balance, which shall not be greater than
twenty-five per cent of the total amount of the levy estimated to
be available for appropriation in such year.
(2) A board of education may include in its budget for the
fiscal year following the year in which a levy proposed under
section 5705.194, 5705.21, or 5705.213, or the original levy
under
section 5705.212 of the Revised Code is first extended on
the tax
list and duplicate an estimate of expenditures to be
known as a
voluntary contingency reserve balance, which shall not
be greater
than twenty per cent of the amount of the levy
estimated to be
available for appropriation in such year.
(3) Except as provided in division (E)(4) of this section,
the full amount of any reserve balance the board includes in its
budget shall be retained by the county auditor and county
treasurer out of the first semiannual settlement of taxes until
the beginning of the next succeeding fiscal year, and thereupon,
with the depository interest apportioned thereto, it shall be
turned over to the board of education, to be used for the
purposes
of such fiscal year.
(4) A board of education, by a two-thirds vote of all
members of the board, may appropriate any amount withheld as a
voluntary contingency reserve balance during the fiscal year for
any lawful purpose, provided that prior to such appropriation the
board of education has authorized the expenditure of all amounts
appropriated for contingencies under section 5705.40 of the
Revised Code. Upon request by the board of education, the county
auditor shall draw a warrant on the district's account in the
county treasury payable to the district in the amount requested.
(F)(1) A board of education may include a spending reserve
in its budget for fiscal years ending on or before
June 30, 2002.
The spending reserve shall consist of an estimate
of expenditures
not to exceed the district's spending reserve
balance. A
district's spending reserve balance is the amount by
which the
designated percentage of the district's
estimated personal
property taxes to be settled during the calendar year in which
the
fiscal year ends exceeds the estimated amount of personal
property
taxes to be so settled and received by the district
during that
fiscal year. Moneys from a spending reserve shall be
appropriated
in accordance with section 133.301 of the Revised
Code.
(2) For the purposes of computing a school district's
spending
reserve balance for a fiscal year, the designated
percentage shall be as
follows:
Fiscal year ending in: |
Designated percentage |
1998 |
50% |
1999 |
40% |
2000 |
30% |
2001 |
20% |
2002 |
10% |
(G) Except as otherwise provided in this division, the
county budget
commission shall not reduce the taxing authority of
a subdivision as a
result of the creation of a reserve balance
account. Except as
otherwise provided in this division, the
county budget commission shall not
consider the amount in a
reserve balance account of a township, county, or
municipal
corporation as an
unencumbered balance or as revenue for the
purposes of division
(E)(3) or (4) of section 5747.51 or division
(E)(3) or (4)
of section 5747.62 of the Revised Code. The county
budget commission may
require documentation of the reasonableness
of the reserve balance held in any
reserve balance account. The
commission shall consider any amount in a
reserve balance account
that it determines to be unreasonable as unencumbered
and as
revenue for the purposes of sections 5747.51 and 5747.62 of the
Revised Code and may take such amounts into consideration
when
determining whether to reduce the taxing authority of a
subdivision.
Sec. 5705.44. When contracts or leases run beyond the
termination of the
fiscal year in which they are made, the fiscal
officer of the taxing authority
shall make a certification for the
amount required to meet the obligation of
such contract or lease
maturing in such fiscal year. The amount of the
obligation under
such contract or lease remaining unfulfilled at the end of a
fiscal year, and which will become payable during the next fiscal
year, shall
be included in the annual appropriation measure for
the next year as a fixed
charge.
The certificate required by section 5705.41 of the Revised
Code as to money in
the treasury shall not be required for
contracts on which payments are to be
made from the earnings of a
publicly operated water works or public utility,
but in the case
of any such contract made without such certification, no
payment
shall be made on account thereof, and no claim or demand thereon
shall
be recoverable, except out of such earnings.
That
certificate also shall not be required if requiring the
certificate makes it impossible for a county board of mental
retardation and developmental disabilities to pay the nonfederal
share of medicaid expenditures that the county board is required
by division (A) of section
5126.057 sections 5126.059 and 5126.0510 of the Revised Code
to pay.
Sec. 5709.68. (A) On or before the thirty-first day of
March each year, a municipal corporation or county that has
entered into an agreement with an enterprise under section
5709.62, 5709.63, or 5709.632 of the Revised Code shall submit to
the director of development and the board of education of each
school district of which a municipal corporation or township to
which such an agreement applies is a part a report on all of
those
agreements in effect during the preceding calendar year.
The
report shall include all of the following information:
(1) The designation, assigned by the director of
development, of each urban jobs and enterprise zone within the
municipal corporation or county, the date each zone was
certified,
the name of each municipal corporation or township
within each
zone, and the total population of each zone according
to the most
recent data available;
(2) The number of enterprises that are subject to those
agreements and the number of full-time employees subject to those
agreements within each zone, each according to the most recent
data available and identified and categorized by the appropriate
standard industrial code, and the rate of unemployment in the
municipal corporation or county in which the zone is located for
each year since each zone was certified;
(3) The number of agreements approved and executed during
the calendar year for which the report is submitted, the total
number of agreements in effect on the thirty-first day of
December
of the preceding calendar year, the number of agreements
that
expired during the calendar year for which the report is
submitted, and the number of agreements scheduled to expire
during
the calendar year in which the report is submitted. For
each
agreement that expired during the calendar year for which
the
report is submitted, the municipal corporation or county
shall
include the amount of taxes exempted and the estimated
dollar
value of any other incentives provided under the
agreement.
(4) The number of agreements receiving compliance reviews
by
the tax incentive review council in the municipal corporation
or
county during the calendar year for which the report is
submitted,
including all of the following information:
(a) The number of agreements the terms of which an
enterprise has complied with, indicating separately for each
agreement the value of the real and personal property exempted
pursuant to the agreement and a comparison of the stipulated and
actual schedules for hiring new employees, for retaining existing
employees, for the amount of payroll of the enterprise
attributable to these employees, and for investing in
establishing, expanding, renovating, or occupying a facility;
(b) The number of agreements the terms of which an
enterprise has failed to comply with, indicating separately for
each agreement the value of the real and personal property
exempted pursuant to the agreement and a comparison of the
stipulated and actual schedules for hiring new employees, for
retaining existing employees, for the amount of payroll of the
enterprise attributable to these employees, and for investing in
establishing, expanding, renovating, or occupying a facility;
(c) The number of agreements about which the tax incentive
review council made recommendations to the legislative authority
of the municipal corporation or county, and the number of
those
recommendations that have not been followed;
(d) The number of agreements rescinded during the calendar
year for which the report is submitted.
(5) The number of enterprises that are subject to
agreements
that expanded within each zone, including the number
of new
employees hired and existing employees retained by each
enterprise, and the number of new enterprises that are
subject to
agreements and that established within each zone,
including the
number of new employees hired by each
enterprise;
(6)(a) The number of enterprises that are subject to
agreements and that closed or reduced employment at any place of
business within the state for the primary purpose of
establishing,
expanding, renovating, or occupying a facility,
indicating
separately for each enterprise the political
subdivision in which
the enterprise closed or reduced employment
at a place of business
and the number of full-time employees
transferred and retained by
each such place of business;
(b) The number of enterprises that are subject to
agreements
and that closed or reduced employment at any place of
business
outside the state for the primary purpose of
establishing,
expanding, renovating, or occupying a facility.
(7) For each agreement in effect during any part of the
preceding year, the number of employees employed by the
enterprise
at the project site immediately prior to formal
approval of the
agreement, the number of employees employed by
the enterprise at
the project site on the thirty-first day of
December of the
preceding year, the payroll of the enterprise for
the preceding
year, the amount of taxes paid on tangible personal
property
situated at the project site and the amount of
those
taxes that
were not paid because of the exemption granted under
the
agreement, and the amount of taxes paid on real property
constituting the project site and the amount of those taxes
that
were not paid because of the exemption granted under the
agreement. If an agreement was entered into under section
5709.632 of the Revised Code with an enterprise described in
division (B)(2) of that section, the report shall include the
number of employee positions at all of the enterprise's locations
in this state. If an agreement is conditioned on a waiver issued
under division (B) of section 5709.633 of the Revised Code on the
basis of the circumstance described in division (B)(3)(a) or (b)
of that section, the report shall include the number of employees
at the facilities referred to in division (B)(3)(a)(i) or (b)(i)
of that section, respectively.
(B) Upon the failure of a municipal corporation or county
to
comply with division (A) of this section:
(1) Beginning on the first day of April of the calendar
year
in which the municipal corporation or county fails to comply
with
that division, the municipal corporation or county shall not
enter
into any agreements with an enterprise under section
5709.62,
5709.63, or 5709.632 of the Revised Code until the
municipal
corporation or county has complied with division (A) of
this
section.
(2) On the first day of each ensuing calendar month until
the municipal corporation or county complies with division
(A) of
this section,
the director of development shall either order the
proper county
auditor to deduct from the next succeeding payment
of taxes to
the municipal corporation or county under section
321.31, 321.32,
321.33, or 321.34 of the Revised Code an amount
equal to one thousand dollars for each calendar month the
municipal
corporation
or county fails to comply with that
division, or order the county
auditor to deduct that amount from
the next succeeding
payment
to the municipal corporation or county
from the undivided local
government fund under section 5747.51 of
the Revised Code. At
the time such a payment is made, the county
auditor shall comply
with the director's order by issuing a
warrant, drawn on the fund
from which the money would have been
paid, to the
director of
development, who shall deposit the
warrant into the state enterprise zone program administration
fund created in
division (C) of this section.
(C) The director, by rule, shall establish the state's
application fee for applications submitted to a municipal
corporation or county to enter into an agreement under section
5709.62, 5709.63, or 5709.632 of the Revised Code. In
establishing the amount of the fee, the director shall consider
the state's cost of administering the enterprise zone program,
including the cost of reviewing the reports required under
division (A) of this section. The director may change the amount
of the fee at the times and in the
increments the director
considers
necessary. Any municipal corporation or county that
receives an
application shall collect the application fee and
remit the fee
for deposit in the state treasury to the credit of
the state
enterprise zone program administration fund, which is
hereby
created. Money credited to the fund shall be used by the
department of development to pay the costs of administering the
enterprise zone program, including the cost of reviewing the
reports required under division (A) of this section tax incentive programs operating fund created in section 122.174 of the Revised Code.
(D) On or before the thirtieth day of June each year, the
director of development shall certify to the tax commissioner the
information described under division (A)(7) of this section,
derived from the reports submitted to the director under this
section.
On the basis of the information certified under this
division, the tax commissioner annually shall submit a report to
the governor, the speaker of the house of representatives, the
president of the senate, and the chairpersons of the ways and
means committees of the respective houses of the general
assembly,
indicating for each enterprise zone the amount of state
and local
taxes that were not required to be paid because of
exemptions
granted under agreements entered into under section
5709.62,
5709.63, or 5709.632 of the Revised Code and the amount
of
additional taxes paid from the payroll of new employees.
Sec. 5711.01. As used in this chapter:
(A)(1) "Taxable property" includes all the kinds of property
mentioned in division (B) of section 5709.01 and section 5709.02
of the Revised Code, and also the amount or value as of the date
of conversion of all taxable property converted into bonds or
other securities not taxed on or after the first day of November
in the year preceding the date of listing, and of all other
taxable property converted into deposits after the date as of
which deposits are required to be listed in such year, except in
the usual course of the taxpayer's business, to the extent the
taxpayer may
hold or control such bonds, securities, or deposits on such day,
without deduction for indebtedness created in the purchase of
such bonds or securities from the taxpayer's credits.
"Taxable
property" does not include such investments and deposits as are
taxable at the source as provided in sections 5725.01 to 5725.26
of the Revised Code, surrender values under policies of
insurance, or any tangible personal property acquired from a
public utility or interexchange telecommunications company as
defined in section 5727.01 of the Revised Code and leased back
to the public utility or interexchange telecommunications company
pursuant to a sale and leaseback transaction as defined in
division (I) of section 5727.01 of the Revised Code. For tax year 2007 and thereafter, "taxable property" of a telephone, telegraph, or interexchange telecommunications company, as defined in section 5727.01 of the Revised Code, includes property subject to such a sale and leaseback transaction.
(2) For tax year 2007 and thereafter, taxable property leased to a telephone, telegraph, or interexchange telecommunications company, as defined in section 5727.01 of the Revised Code, other than pursuant to a sale and leaseback transaction, shall be listed and assessed by the owner of the property as follows:
(a) If the property leased to such a company is not governed by division (C) of section 5711.22 of the Revised Code in tax years 2007 and 2008, it shall be listed and assessed at the percentage of true value in money required under division (H)(G) of section 5711.22 of the Revised Code.
(b) All property leased to such a company in tax years 2009 and 2010 shall be listed and assessed at the percentage of true value in money required under division (H) of section 5711.22 of the Revised Code.
(3) For tax years 2009 and 2010, the lessor of property subject to division (A)(2) of this section shall have the true value of the property the lessor leases to a telephone, telegraph, or interexchange telecommunications company determined under divisions (A)(5) and (E) of section 5727.06 of the Revised Code.
(B) "Taxpayer" means any owner of taxable property,
including property exempt under division (C) of section 5709.01
of the Revised Code, and includes every person residing in, or
incorporated or organized by or under the laws of this state, or
doing business in this state, or owning or having a beneficial
interest in taxable personal property in this state and every
fiduciary required by sections 5711.01 to 5711.36 of the Revised
Code, to make a return for or on behalf of another. For tax year 2007 and thereafter, "taxpayer" includes telephone companies, telegraph companies, and interexchange telecommunications company as defined in section 5727.01 of the Revised Code. The tax
commissioner may by rule define and designate the taxpayer, as to
any taxable property which would not otherwise be required by
this section to be returned; and any such rule shall be
considered supplementary to the enumeration of kinds of taxpayers
following:
(1) Individuals of full age and sound mind residing in
this state;
(2) Partnerships, corporations, associations, and
joint-stock companies, under whatever laws organized or existing,
doing business or having taxable property in this state; and
corporations incorporated by or organized under the laws of this
state, wherever their actual business is conducted;
(3) Fiduciaries appointed by any court in this state or
having title, possession, or custody of taxable personal property
in this state or engaged in business in this state;
(4) Unincorporated mutual funds.
"Taxpayer" excludes all individuals, partnerships,
corporations, associations, and joint-stock companies, their
executors, administrators, and receivers who are defined in Title
LVII of the Revised Code as financial institutions, dealers in
intangibles, domestic insurance companies, or public utilities,
except to the extent they may be required by sections 5711.01 to
5711.36 of the Revised Code, to make returns as fiduciaries, or
by section 5725.26 of the Revised Code, to make returns of
property leased, or held for the purpose of leasing, to others if
the owner or lessor of the property acquired it for the sole
purpose of leasing it to others or to the extent that property is
taxable under section 5725.25 of the Revised Code.
(C) "Return" means the taxpayer's annual report of taxable
property.
(D) "List" means the designation, in a return, of the
description of taxable property, the valuation or amount thereof,
the name of the owner, and the taxing district where assessable.
(E) "Taxing district" means, in the case of property
assessable on the classified tax list and duplicate, a municipal
corporation or the territory in a county outside the limits of
all municipal corporations therein; in the case of property
assessable on the general tax list and duplicate, a municipal
corporation or township, or part thereof, in which the aggregate
rate of taxation is uniform.
(F) "Assessor" includes the tax commissioner and the
county auditor as deputy of the commissioner.
(G) "Fiduciary" includes executors, administrators,
parents, guardians, receivers, assignees, official custodians,
factors, bailees, lessees, agents, attorneys, and employees, but
does not include trustees unless the sense so requires.
(H) "General tax list and duplicate" means the books or
records containing the assessments of property subject to local
tax levies.
(I) "Classified tax list and duplicate" means the books or
records containing the assessments of property not subject to
local tax levies.
(J) "Investment company" means any corporation, the shares
of which are regularly offered for sale to the public, engaged
solely in the business of investing and reinvesting funds in real
property or investments, or holding or selling real property or
investments for the purpose of realizing income or profit which
is distributed to its shareholders. Investment company does not
include any dealer in intangibles, as defined in section 5725.01
of the Revised Code.
(K) "Unincorporated mutual fund" means any partnership,
each partner of which is a corporation, engaged solely in the
business of investing and reinvesting funds in investments, or
holding or selling investments for the purpose of realizing
income or profit which is distributed to its partners and which
is subject to Chapter 1707. of the Revised Code. An
unincorporated mutual fund does not include any dealer in
intangibles as defined in section 5725.01 of the Revised Code.
Sec. 5713.011. If the county auditor determines under section 5713.01 of the
Revised Code
that the construction of a dwelling on a previously vacant parcel of land is
now available for use or that an additional dwelling is constructed on a
parcel of land and is now available for use, the county auditor, by ordinary
mail, shall send to the owner of the dwelling a notice that the applicant may
apply for a reduction in taxes under division (A)(2) of section
323.153 of the Revised Code. The notice shall be substantially in the form of
the notice
prescribed under division (C)(2)(A)(3)(b) of section 323.131 of the Revised Code.
Sec. 5725.24. (A) As used in this section, "qualifying
dealer" means a dealer in intangibles that is a qualifying dealer
in intangibles as defined in section 5733.45 of the Revised Code
or a member of a qualifying controlled group, as defined in
section 5733.04 of the Revised Code, of which an insurance company
also is a member on the first day of January of the year in and
for which the tax imposed by section 5707.03 of the Revised Code
is required to be paid by the dealer.
(B) The taxes levied by
section
5725.18 of the Revised
Code and
collected pursuant to this
chapter
shall be paid into the
state
treasury to the credit of
the
general
revenue fund.
(C) The
taxes levied by section 5707.03 of
the Revised Code
on the value of shares in and
capital employed by
dealers in
intangibles
other than those that are qualifying
dealers shall be
for the use
of the general revenue fund of
the
state and the local
government funds of the several counties
in
which the taxes
originate as
provided in
this
division.
On or before the first day of During each month on for which there is
money in the state treasury for disbursement under this
division,
the tax commissioner shall provide for payment to the
county
treasurer of each county of
five-eighths of the amount of
the
taxes collected
on
account of shares in and capital employed by
dealers in
intangibles
other than those that are qualifying
dealers,
representing capital employed in the county. The balance
of the
money received and credited on
account
of taxes assessed on
shares
in and capital employed by
such
dealers in
intangibles
shall be
credited to the general
revenue
fund.
Reductions in the amount of taxes collected on account of credits allowed under section 5725.151 of the Revised Code shall be applied to reduce the amount credited to the general revenue fund and shall not be applied to reduce the amount to be credited to the undivided local government funds of the counties in which such taxes originate.
For the purpose of this
division, such taxes are
deemed to
originate in the counties in which
such dealers in intangibles
have their offices.
Money received into the treasury of a county pursuant to
this
section shall be credited to the undivided local government
fund
of the county and shall be distributed by the budget
commission as
provided by law.
(D) All of the taxes levied under section 5707.03 of the
Revised Code on the value of the shares in and capital employed by
dealers in intangibles that are qualifying dealers shall be paid
into the state treasury to the credit of the
general revenue fund.
Sec. 5727.06. (A) Except as otherwise provided by law,
the following constitutes the taxable property of a public
utility, interexchange telecommunications company, or public utility property lessor that shall be
assessed by the tax commissioner:
(1) For tax years before tax year 2006:
(a) In the case of a railroad company, all real property
and tangible personal property owned or operated by the railroad
company in this state on the thirty-first day of December of the
preceding year;
(b) In the case of a water transportation company, all tangible personal
property, except watercraft, owned or operated by the water transportation
company in this state on the thirty-first day of December of the preceding
year and all watercraft owned or operated by the water transportation company
in this state during the preceding calendar year;
(c) In the case of all other public utilities and
interexchange telecommunications companies, all tangible personal
property that on the thirty-first day of December of the
preceding year was both located in this state and:
(i) Owned by the public utility or interexchange
telecommunications company; or
(ii) Leased by the public utility or interexchange
telecommunications company under a sale and leaseback
transaction.
(2) For tax years 2006, 2007, and 2008:
(a) In the case of a railroad company, all real property used in railroad operations and tangible personal property owned or operated by the railroad company in this state on the thirty-first day of December of the preceding year;
(b) In the case of a water transportation company, all tangible personal property, except watercraft, owned or operated by the water transportation company in this state on the thirty-first day of December of the preceding year and all watercraft owned or operated by the water transportation company in this state during the preceding calendar year;
(c) In the case of all other public utilities except telephone and telegraph companies, all tangible personal property that on the thirty-first day of December of the preceding year was both located in this state and either owned by the public utility or leased by the public utility under a sale and leaseback transaction.
(3) For tax year 2009 and each tax year thereafter:
(a) In the case of a railroad company, all real property used in railroad operations and tangible personal property owned or operated by the railroad company in this state on the thirty-first day of December of the preceding year;
(b) In the case of a water transportation company, all tangible personal property, except watercraft, owned or operated by the water transportation company in this state on the thirty-first day of December of the preceding year and all watercraft owned or operated by the water transportation company in this state during the preceding calendar year;
(c) In the case of all other public utilities except telephone and telegraph companies, all tangible personal property that on the thirty-first day of December of the preceding year was both located in this state and either owned by the public utility or leased by the public utility under a sale and leaseback transaction;
(d) In the case of a public utility property lessor, all personal property that on the thirty-first day of December of the preceding year was both located in this state and leased, in other than a sale and leaseback transaction, to a public utility other than a railroad, telephone, telegraph, or water transportation company. The assessment rate used under section 5727.111 of the Revised Code shall be based on the assessment rate that would apply if the public utility owned the property.
(4) For tax years 2005 and 2006, in the case of telephone, telegraph, or interexchange telecommunications companies, all tangible personal property that on the thirty-first day of December of the preceding year was both located in this state and either owned by the telephone, telegraph, or interexchange telecommunications company or leased by the telephone, telegraph, or interexchange telecommunications company under a sale and leaseback transaction.
(5)(a) For tax year 2007 and thereafter, in the case of telephone, telegraph, or interexchange telecommunications companies, all tangible personal property shall be listed and assessed for taxation under Chapter 5711. of the Revised Code, but the tangible personal property shall be valued in accordance with this chapter using the composite annual allowances and other valuation procedures prescribed under section 5727.11 of the Revised Code by the tax commissioner for such property for tax year 2006, notwithstanding any section of Chapter 5711. of the Revised Code to the contrary.
(b) A telephone, telegraph, or interexchange telecommunications company subject to division (A)(5)(a) of this section shall file a combined return with the tax commissioner in accordance with section 5711.13 of the Revised Code even if the company has tangible personal property in only one county. Such a company also is subject to the issuance of a preliminary assessment certificate by the tax commissioner under section 5711.25 of the Revised Code. Such a company is not required to file a county supplemental return under section 5711.131 of the Revised Code.
(B) This division applies to tax years before tax year 2007.
In the case of an interexchange telecommunications
company, all taxable property shall be subject to the provisions
of this chapter and shall be valued by the commissioner in
accordance with division (A) of section 5727.11 of the Revised
Code. A person
described
by this division shall file the report required by section
5727.08 of the Revised Code. Persons described in this division
shall not be considered taxpayers, as defined in division (B) of
section 5711.01 of the Revised Code, and shall not be required to
file a return and list their taxable property under any provision
of Chapter 5711. of the Revised Code.
(C) The lien of the state for taxes levied each year on
the real and personal property of public utilities and
interexchange telecommunications companies and on the personal property of public utility property lessors shall attach thereto
on the thirty-first day of December of the preceding year.
(D) Property that is required by division (A)(3)(b) of
this section to be assessed by the tax commissioner under this
chapter shall not be listed by the owner of the property under
Chapter 5711. of the Revised Code.
(E) The ten-thousand-dollar exemption provided for in division (C)(3) of section 5709.01 of the Revised Code does not apply to any personal property that is valued under this chapter.
(F) The tax commissioner may adopt rules governing the
listing of the taxable property of public utilities and
interexchange telecommunications companies and the determination
of true value.
Sec. 5727.45. Four and two-tenths One hundred per cent of all excise
taxes and penalties collected under sections 5727.01 to 5727.62
of
the Revised Code shall be credited to the local government
fund
for distribution in accordance with section 5747.50 of the
Revised
Code, six-tenths of one per cent shall be credited to the local
government revenue assistance fund for
distribution in accordance
with section 5747.61 of the Revised Code, and
ninety-five and
two-tenths per cent shall be credited to the general revenue
fund.
Sec. 5727.81. (A) For
the purpose of raising revenue for
public education and state
and local government operations, an
excise tax is hereby levied
and imposed on an electric
distribution company for all electricity
distributed by such
company beginning with the measurement period that
includes May
1, 2001, at the following rates
per kilowatt hour of electricity
distributed in a thirty-day period by
the company through a meter
of an end user in this state:
|
KILOWATT HOURS DISTRIBUTED |
|
RATE PER |
|
TO AN END USER |
|
KILOWATT HOUR |
|
For the first 2,000 |
|
$.00465 |
|
For the next 2,001 to 15,000 |
|
$.00419 |
|
For 15,001 and above |
|
$.00363 |
If no meter is used to measure the kilowatt hours of
electricity
distributed by the company, the rates shall apply to
the estimated kilowatt
hours of electricity distributed to an
unmetered location in this state.
The electric distribution company shall base the monthly tax
on the
kilowatt hours of electricity distributed to an end user
through the meter of the end user that is not measured for a
thirty-day period
by dividing the days
in the measurement period
into the total kilowatt hours measured during
the measurement
period to obtain a daily average usage. The tax shall
be
determined by obtaining the sum of divisions (A)(1), (2), and
(3)
of this section and multiplying that amount by the number of days
in
the measurement period:
(1) Multiplying $0.00465 per kilowatt hour for the first
sixty-seven kilowatt hours distributed using a daily average;
(2) Multiplying $0.00419 for the next sixty-eight to five
hundred
kilowatt hours distributed using a daily average;
(3) Multiplying $0.00363 for the remaining kilowatt hours
distributed using a daily average.
Until January 1, 2003, except as provided in division
(C) of
this section, the
electric distribution company shall pay
the tax
to the
treasurer
of
state in accordance with section
5727.82 of
the Revised
Code. Beginning January 1, 2003, except Except as
provided
in division (C) of this section, the electric
distribution company
shall pay the tax to the tax commissioner in
accordance with
section 5727.82 of the Revised Code, unless
required to remit
each
tax payment by
electronic funds transfer to
the treasurer of
state
in accordance
with section 5727.83 of the
Revised Code.
Only the distribution of electricity through
a meter of an
end user in
this state shall be used by the electric distribution
company to
compute the amount or estimated amount of tax due. In
the event a meter is
not actually read for a measurement period,
the estimated kilowatt hours
distributed by an electric
distribution company to bill
for its distribution charges shall
be used.
(B) Except as provided in division (C) of this section,
each
electric distribution company shall pay the tax imposed by this
section in all of the following circumstances:
(1) The electricity is distributed by the company through
a
meter of an end user in this state;
(2) The company is distributing electricity through a
meter
located in another state, but the electricity is consumed
in this
state in the manner prescribed by the tax
commissioner;
(3) The company is distributing electricity in this state
without the use of a meter, but the electricity is consumed in
this state as estimated and in the manner prescribed by
the tax
commissioner.
(C)(1) As used in division (C) of this section:
(a)
"Total price of electricity" means the aggregate value
in
money of anything paid or transferred, or promised to be paid
or
transferred,
to obtain electricity or electric
service,
including
but not limited to the value paid or promised
to be paid
for the
transmission or distribution of electricity and
for
transition
costs as described in Chapter 4928. of the Revised
Code.
(b)
"Package" means the provision or the acquisition, at a
combined price, of electricity with other services or products, or
any
combination thereof, such as natural gas or other fuels;
energy
management products, software, and services; machinery and
equipment acquisition; and financing agreements.
(c)
"Single location" means a facility located on contiguous
property separated only by a roadway, railway, or waterway.
(2) Division (C) of this section applies to any
commercial
or industrial
purchaser's receipt of electricity
through a meter
of an end user in this
state or through more than one meter at a
single location
in this state in a quantity that exceeds
forty-five million kilowatt hours
of electricity
over the course
of the
preceding calendar year, or any commercial or industrial
purchaser
that will
consume more than forty-five
million kilowatt
hours
of electricity over the course of the
succeeding twelve
months as
estimated by the tax commissioner.
The tax commissioner
shall
make such an estimate upon the written
request by an
applicant for
registration as a self-assessing
purchaser under
this division.
Such a purchaser
may elect to self-assess the
excise tax imposed
by this section at the
rate of $.00075 per
kilowatt hour on
the first five hundred four
million
kilowatt
hours
distributed to that meter or location during the
registration year, and four per
cent a percentage of the total price of
all
electricity distributed to that meter
or location equal to four per cent through the meter reading period that includes June 30, 2008, and three and one-half per cent beginning for the meter reading period including July 1, 2008, and thereafter. A
qualified
end user that receives electricity
through a meter of an end
user
in this state
or through more than
one meter at a
single location
in this state and that consumes,
over the
course of the previous
calendar year, more than
forty-five million
kilowatt hours in
other than its qualifying
manufacturing process, may
elect to
self-assess the tax as allowed
by this division
with respect to
the electricity used in other
than its qualifying
manufacturing
process.
Until January 1, 2003, payment of the tax
shall
be made
directly to the
treasurer of state in
accordance
with
divisions
(A)(4) and (5) of
section
5727.82 of the
Revised
Code.
Beginning
January 1, 2003, payment
Payment of the tax shall be made
directly to the
tax commissioner in accordance with divisions
(A)(4) and (5) of
section 5727.82 of the Revised Code, or the
treasurer of state in
accordance with section 5727.83 of the
Revised Code. If the
electric
distribution
company
serving the
self-assessing purchaser
is a
municipal
electric
utility and the
purchaser is within the
municipal
corporation's
corporate limits,
payment shall be made to
such
municipal
corporation's general fund
and reports shall be
filed in
accordance
with divisions
(A)(4)
and (5) of
section
5727.82 of
the Revised Code,
except that
"municipal corporation"
shall be
substituted for
"treasurer of
state" and
"tax
commissioner." A
self-assessing purchaser that
pays the excise
tax as provided in
this
division shall not be
required to pay the
tax to
the
electric distribution company from
which its
electricity is
distributed.
If a self-assessing
purchaser's
receipt of
electricity is not subject to the
tax as
measured under
this
division, the tax on the receipt of such
electricity shall be
measured and paid as provided in division (A)
of this section.
(3) In the case of
the acquisition of a package, unless the
elements of the
package are separately
stated isolating the total
price of electricity from the price of the
remaining elements of
the
package, the tax imposed under this section applies to the
entire
price of the package. If the elements of the package are
separately stated, the tax imposed under this section applies to
the total price of the electricity.
(4) Any electric supplier that sells electricity as part of
a
package shall separately state to the purchaser the total price
of the
electricity and, upon request by the tax commissioner, the
total price
of each of the other elements of the package.
(5) The tax commissioner may adopt rules relating to the
computation of the total price of electricity with respect to
self-assessing purchasers, which may include rules to establish
the total price of electricity purchased as part of a package.
(6)
An annual application for registration as a
self-assessing
purchaser
shall be made for each qualifying meter
or location on
a form
prescribed by the tax commissioner.
The
registration year begins on the first day of May and ends on the
following thirtieth day of April. Persons may apply after the
first day of May for the remainder of the registration year. In
the case of an
applicant
applying on the basis of an estimated
consumption of
forty-five
million kilowatt hours over the course
of the
succeeding twelve
months, the applicant shall provide such
information as the tax
commissioner considers to be necessary to
estimate such
consumption. At the time of making the
application
and by the first day of May of each year, excluding
May 1, 2000, a
self-assessing purchaser shall pay a fee of five
hundred dollars
to the
tax commissioner, or to the treasurer of state
as provided
in section 5727.83 of the Revised Code, for each qualifying meter
or
location.
The tax commissioner
shall immediately pay to the
treasurer of state all amounts that
the tax commissioner receives
under this section.
The treasurer of state shall deposit such
amounts
into the
kilowatt
hour excise tax administration
fund,
which is hereby
created in
the state treasury. Money in the
fund
shall be used to
defray the
tax commissioner's cost in
administering the tax owed
under
section 5727.81 of the Revised
Code by self-assessing
purchasers.
After the application is
approved by the tax
commissioner, the
registration shall remain in
effect
for the current registration
year, or until canceled by the
registrant upon written
notification to the commissioner of the
election to pay the tax in
accordance with division (A) of this
section, or
until canceled by
the tax commissioner for not paying
the tax or fee
under
division
(C) of this section or
for not
meeting the qualifications
in
division (C)(2) of this section.
The
tax commissioner
shall
give
written notice to the electric
distribution company from
which
electricity is delivered to a
self-assessing purchaser of
the
purchaser's
self-assessing status,
and the electric
distribution
company is relieved of the
obligation
to pay the tax
imposed by
division (A) of this section
for
electricity
distributed to that
self-assessing purchaser
until
it is notified
by
the tax
commissioner that the self-assessing
purchaser's
registration is
canceled. Within fifteen days of
notification of
the canceled
registration, the electric
distribution company shall
be
responsible for payment of the tax
imposed by division (A) of
this
section on electricity distributed
to a purchaser that is no
longer
registered as a
self-assessing
purchaser. A self-assessing
purchaser with a canceled
registration must file a
report and
remit the tax imposed by
division (A) of this section
on all
electricity it receives for
any measurement period prior to the
tax
being reported and paid
by
the electric distribution company.
A self-assessing purchaser
whose registration is canceled by the
tax commissioner is not
eligible to
register as a self-assessing
purchaser for two years
after the registration is
canceled.
(7) If the tax commissioner cancels the self-assessing
registration of a purchaser registered on the basis of its
estimated consumption because the purchaser does not consume at
least forty-five million kilowatt hours of electricity over the
course of the twelve-month period for which the estimate was made,
the tax commissioner shall assess and collect from the purchaser
the difference between (a) the amount of tax that would have
been
payable under division (A) of this section on the electricity
distributed to the purchaser during that period and (b) the
amount
of tax paid by the purchaser on such electricity pursuant to
division (C)(2)(a) of this section. The assessment shall be
paid
within sixty days after the tax commissioner issues it, regardless
of whether the purchaser files a petition for reassessment under
section 5727.89 of the Revised Code covering that period. If the
purchaser does not pay the assessment within the time prescribed,
the amount assessed is subject to the additional charge and the
interest prescribed by divisions (B) and (C) of section
5727.82 of
the Revised Code, and is subject to assessment under section
5727.89 of the Revised Code. If the purchaser is a qualified end
user, division (C)(7) of this section applies only to electricity
it consumes in other than its qualifying manufacturing process.
(D) The tax imposed by
this section does not apply to the
distribution of any kilowatt hours
of electricity to the federal
government, to an end user located at a federal
facility that uses
electricity for the enrichment of uranium, to a
qualified
regeneration meter, or to an end
user for any day the end
user is
a qualified end user. The exemption under this division for a
qualified end user only applies to the manufacturing location
where the
qualified end user uses more than three million kilowatt
hours per day in a
qualifying manufacturing process.
Sec. 5727.84. (A) As used in this section and sections
5727.85,
5727.86, and
5727.87 of the Revised Code:
(1)
"School district" means a city, local, or exempted
village
school district.
(2)
"Joint vocational school district" means a joint
vocational
school district created under section 3311.16 of the
Revised
Code,
and includes a cooperative education school district
created under
section 3311.52 or 3311.521 of the Revised Code and
a county
school financing district created under section 3311.50
of the
Revised Code.
(3)
"Local taxing unit" means a subdivision or taxing unit,
as defined in
section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or
a township
park district established under section 511.23 of the Revised
Code,
but excludes
school districts
and joint vocational school
districts.
(4)
"State education aid," for a school district, means the sum of
state
aid
amounts computed for the
district
under
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions (B), (C), and (D) of section 3317.023; divisions (G), (L), and (N) of section 3317.024; and sections 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code; and the adjustments required by: division (C) of section 3310.08; division (C)(2) of section 3310.41; section 3310.55; division (C) of section 3314.08; division (D) of section 3314.13; divisions (E), (K), (L), (M), (N), and (O) of section 3317.023; division (C) of section 3317.20; and sections 3313.979 and 3313.981 of the Revised Code. However, when calculating state education aid for a school district for fiscal years 2006 2008 and 2007 2009, include the amount computed for the district under Section 206.09.21 269.20.80 of Am. Sub. H.B. 66 119 of the 126th 127th general assembly, as subsequently amended, instead of division (D) of section 3317.022 of the Revised Code; and include amounts calculated under Section 206.09.39 269.30.80 of that this act, as subsequently amended; and account for adjustments under division (C)(2) of section 3310.41 of the Revised Code.
(5) "State education aid," for a joint vocational school district, means the sum of the state aid amounts computed for the district under division (N) of section 3317.024 and section 3317.16 of the Revised Code. However, when calculating state education aid for a joint vocational school district for fiscal years 2006 2008 and 2007 2009, include the amount computed for the district under Section 206.09.42 269.30.90 of Am. Sub. H.B. 66 119 of the 126th 127th general assembly, as subsequently amended.
(6)
"State education aid offset" means the amount
determined
for
each school district
or joint vocational school
district under
division (A)(1) of section 5727.85
of
the Revised
Code.
(7)
"Recognized valuation" has
the same meaning as
in
section
3317.02 of the Revised Code.
(8)
"Electric company tax value loss" means the amount
determined
under division (D) of this section.
(9)
"Natural gas company tax value loss" means the amount
determined under
division (E) of this section.
(10)
"Tax value loss" means the sum of the electric company
tax value loss and the
natural gas company tax value loss.
(11)
"Fixed-rate levy" means any tax levied on property
other
than
a fixed-sum levy.
(12)
"Fixed-rate levy loss" means the amount determined
under
division (G) of this section.
(13)
"Fixed-sum levy" means a tax levied on property at
whatever
rate is required to produce a specified amount of tax
money or
levied in excess of the ten-mill limitation to pay
debt
charges, and includes school district
emergency levies imposed
pursuant to section 5705.194 of the
Revised Code.
(14)
"Fixed-sum levy loss" means the amount determined
under
division (H) of this section.
(15)
"Consumer price index" means the consumer price
index
(all
items, all urban consumers) prepared by the bureau of labor
statistics
of the United States department of labor.
(B)
The kilowatt-hour tax receipts fund is hereby created
in
the state treasury and shall consist of money arising from the
tax
imposed by section
5727.81 of
the Revised Code. All money in
the
kilowatt-hour tax receipts fund shall be credited as follows:
(1) Fifty-nine and nine hundred seventy-six one-thousandths Sixty-three
per
cent, shall be
credited to the general
revenue fund.
(2) Two and six hundred forty-six one-thousandths per cent
shall
be credited to the local government fund, for distribution
in accordance
with section 5747.50 of the Revised Code.
(3) Three hundred seventy-eight one-thousandths per cent
shall be
credited to the local government revenue assistance fund,
for
distribution in accordance with section 5747.61 of the Revised
Code.
(4) Twenty-five and
four-tenths per cent
shall
be credited
to the school district
property tax replacement
fund,
which is
hereby created in the state
treasury for the
purpose of
making the
payments described in
section 5727.85 of the
Revised
Code.
(5)(3) Eleven and
six-tenths per cent shall be
credited to the
local
government property tax replacement fund,
which is hereby
created in the
state treasury for the purpose of
making the
payments described in
section 5727.86 of the Revised
Code.
(C)
The natural
gas tax receipts fund is hereby created
in
the state treasury and
shall consist of money arising from the
tax
imposed by section
5727.811 of the
Revised Code. All money in
the
fund shall be credited as follows:
(1)
Sixty-eight and seven-tenths per cent shall be
credited
to
the school
district property tax replacement fund for
the
purpose
of making
the
payments described in section 5727.85 of
the
Revised
Code.
(2) Thirty-one and three-tenths per cent shall be credited
to the local
government
property tax replacement fund for the
purpose of making
the payments
described in section 5727.86 of the
Revised Code.
(D)
Not later than January 1, 2002, the tax commissioner
shall
determine for each taxing district its electric company tax
value loss,
which is the sum
of the applicable amounts described in divisions
(D)(1) to (3)(4) of
this section:
(1) The difference obtained by subtracting the amount
described
in division (D)(1)(b) from the amount described in
division
(D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year
1998 on a preliminary
assessment, or an amended
preliminary assessment if issued prior to
March 1, 1999, and as
apportioned to the taxing district
for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described
in division (D)(2)(b) from the amount described in
division
(D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and
1998 of
the assessed value from nuclear fuel materials and
assemblies assessed
against a person under Chapter 5711. of the
Revised Code
from the leasing of them to an electric company for
those respective tax
years, as reflected in the preliminary
assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a)
of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary
assessments, using an assessment rate of
twenty-five
per cent.
(3) In the case of a taxing district having a nuclear power plant within its territory, any amount, resulting in an electric company tax value loss, obtained by subtracting the amount described in division (D)(1) of this section from the difference obtained by subtracting the amount described in division (D)(3)(b) of this section from the amount described in division (D)(3)(a) of this section.
(a) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2000 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2001, and as apportioned to the taxing district for tax year 2000;
(b) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2001 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2002, and as apportioned to the taxing district for tax year 2001.
(4) In the case of a taxing district having a nuclear power plant within its territory, the difference obtained by subtracting the amount described in division (D)(4)(b) of this section from the amount described in division (D)(4)(a) of this section, provided that such difference is greater than ten per cent of the amount described in division (D)(4)(a) of this section.
(a) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2005 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2006, and as apportioned to the taxing district for tax year 2005;
(b) The value of electric company tangible personal property as assessed by the tax commissioner for tax year 2006 on a preliminary assessment, or an amended preliminary assessment if issued prior to March 1, 2007, and as apportioned to the taxing district for tax year 2006.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value
loss, which
is the sum of the amounts described in
divisions (E)(1) and
(2) of this section:
(1) The difference obtained by subtracting the amount
described
in division (E)(1)(b) from the amount described in
division
(E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a
preliminary assessment, or an
amended preliminary assessment if
issued prior to March 1, 2000,
and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division
(E)(2)(b) from the
amount described in division (E)(2)(a) of this
section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a
preliminary assessment, or an amended
preliminary
assessment if issued prior to March 1, 2001, and as
apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under
division (E)(2)(a) of this section for tax years
1997, 1998,
and
1999, as reflected in the preliminary assessment, using an
assessment
rate of twenty-five per cent.
(F)
The tax commissioner may request that natural gas
companies,
electric companies, and rural
electric companies file a
report to help determine the tax value loss
under divisions (D)
and (E) of
this section. The report shall be filed
within thirty
days of the commissioner's request. A company that fails to
file
the report or does not timely file the
report is subject to the
penalty in section 5727.60 of the Revised
Code.
(G) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-rate levy loss, which is
the sum of its
electric company tax value loss
multiplied by
the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax
year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described
in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss
multiplied by the
tax rate in effect in
tax year 1998, and the
natural gas company tax value loss multiplied
by the tax rate in
effect in tax year 1999, for fixed-sum levies
for all taxing
districts within
each school district, joint vocational school
district, and local
taxing unit. For the years 2002 through 2006,
this computation shall
include school district emergency levies
that existed in 1998
in the case
of the electric company tax value
loss, and 1999 in the case of the natural
gas company tax value
loss, and
all other fixed-sum levies that existed in 1998 in the
case of the electric
company tax value loss and 1999 in the case
of the natural gas company tax
value loss
and continue to be
charged in the tax year preceding the distribution year. For the
years 2007
through 2016 in the case of school district emergency
levies, and for all
years after 2006 in the case of all other
fixed-sum levies, this
computation shall exclude all
fixed-sum
levies that
existed in 1998 in the case of the electric company
tax value loss and 1999
in the case of the natural gas company tax
value loss, but are no
longer in effect in the tax year
preceding
the distribution year. For the purposes of this section, an
emergency levy that existed in 1998 in the case of the electric
company tax
value loss, and 1999 in the case of the natural gas
company tax value
loss, continues to exist in a year beginning on
or after January 1, 2007, but before January 1, 2017, if, in
that
year, the board of education levies a school district emergency
levy for
an annual sum at least equal to the annual sum levied by
the board in tax year
1998 or 1999, respectively, less the amount
of the payment
certified under
this division for 2002.
(2) The total taxable value in tax year
1999 less the tax
value loss in each school
district, joint
vocational school
district, and local taxing unit
multiplied by
one-fourth of one
mill.
If the amount computed under division
(H) of this section
for any
school district, joint vocational school district, or
local taxing unit is
greater than zero, that amount shall equal
the fixed-sum levy loss reimbursed
pursuant to division (E) of
section 5727.85 of the
Revised Code or division (A)(2)
of section
5727.86 of the Revised Code, and the one-fourth of one
mill that
is subtracted under division (H)(2) of this section
shall be
apportioned
among
all contributing fixed-sum levies in the
proportion of each levy to the sum of
all fixed-sum levies within
each school district,
joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D),
(E), (G), and (H) of
this section, in
computing the tax value loss, fixed-rate levy
loss, and fixed-sum levy loss, the tax commissioner shall use the
greater of
the 1998 tax rate or the 1999 tax rate in the case of
levy losses
associated with the electric company tax value loss,
but the 1999 tax rate
shall not
include for this purpose any tax
levy approved by the voters after
June 30, 1999, and the tax
commissioner shall use the greater of the
1999 or the 2000 tax
rate in the case of levy losses associated with the
natural gas
company tax value loss.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined
under divisions (D) and (E) of this section for each
taxing
district, the fixed-rate levy
loss calculated under
division (G) of this section, and the
fixed-sum levy loss
calculated under division (H) of this section.
The calculations
under divisions (G) and (H) of this section shall
separately
display the levy loss for each levy eligible for
reimbursement.
(K)
Not later than September 1, 2001, the tax commissioner
shall
certify the amount of the fixed-sum levy loss to the county
auditor of each county in which a school district with a fixed-sum
levy loss has territory.
Sec. 5727.85. (A) By the thirty-first day of July of
each
year, beginning in 2002 and
ending in 2016, the department of
education shall determine the following for
each school district
and each joint vocational school district
eligible for payment
under division
(C)
or (D) of this section:
(1) The state education aid offset, which is the difference
obtained by subtracting the amount described in division
(A)(1)(b)
of this section from the amount described in division
(A)(1)(a) of
this section:
(a) The state education aid computed for the school district
or joint vocational school district
for
the current fiscal year
as of the
thirty-first day of July;
(b) The state education aid that would be computed for the
school
district
or joint vocational school district for the
current fiscal year
as of the thirty-first day of July if the
recognized valuation
included the tax
value loss for
the school
district
or joint vocational school district.
(2) The
greater of zero or the difference obtained by
subtracting the state
education
aid offset determined under
division (A)(1) of this
section from
the fixed-rate levy loss
certified under division
(J) of
section
5727.84 of
the Revised
Code for all taxing
districts in each
school district
and joint
vocational school district.
By the fifth day of August of each such year, the department
of education
shall certify the amount so
determined
under division
(A)(1) of this section to the director of budget
and management.
(B) Not later than the thirty-first day of October of
the
years 2006 through 2016, the
department of education shall
determine all of the following for each
school district:
(1) The amount obtained by subtracting the district's state
education aid computed for fiscal year 2002 from the district's
state
education aid computed for the current fiscal year;
(2) The inflation-adjusted property tax loss. The
inflation-adjusted property tax loss equals the fixed-rate levy
loss, excluding the tax loss from levies within the ten-mill
limitation to pay debt charges,
determined
under division (G) of
section 5727.84 of the
Revised
Code for all taxing districts in
each school district, plus
the
product obtained by multiplying that
loss by the cumulative
percentage
increase in the consumer price
index from January 1,
2002, to the
thirtieth day of June of the
current year.
(3) The difference obtained by subtracting the amount
computed
under division (B)(1) from the amount of the
inflation-adjusted
property tax loss. If this difference is zero
or a negative number, no
further payments shall be made under
division (C) of this
section to the school district from the
school district property tax
replacement fund.
(C)
The department of education
shall pay from the school
district property
tax replacement fund
to
each school district
all of the
following:
(1) In February 2002, one-half of the fixed-rate levy loss
certified under division
(J) of section 5727.84 of the
Revised
Code
between the
twenty-first and twenty-eighth days of February.
(2) From August 2002 through August 2017, one-half of
the
amount
calculated for that fiscal year under division
(A)(2) of
this section
between the twenty-first and twenty-eighth
days of
August and of February, provided the difference computed under division (B)(3) of this section is not less than or equal to zero.
For taxes levied within the ten-mill limitation for debt
purposes in tax year 1998 in the case of electric company tax
value losses, and in tax year 1999 in the case of natural gas
company tax value losses, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2016.
The department of education shall report to each school
district the apportionment of the payments among the school
district's funds based on the certifications under division (J) of
section 5727.84 of the Revised Code.
(D) Not later than January 1, 2002, for all taxing
districts
in
each joint vocational school district, the tax commissioner
shall certify to
the
department
of education the
fixed-rate levy
loss determined
under
division
(G) of section
5727.84 of the
Revised
Code. From
February 2002 to
August 2016,
the
department
shall pay from
the school
district property tax
replacement fund
to the
joint vocational
school district one-half
of the
amount
calculated for that fiscal year under
division
(A)(2) of this
section between the twenty-first and
twenty-eighth
days of August
and of February.
(E)(1) Not later than January 1, 2002, for each fixed-sum
levy levied
by each school district
or joint vocational school
district and for each year for
which a determination is made
under division
(H) of section 5727.84
of the Revised Code that a
fixed-sum levy loss is to be reimbursed, the
tax commissioner
shall certify to the
department
of education the
fixed-sum levy
loss determined under
that
division. The
certification shall
cover a time period sufficient
to include all
fixed-sum
levies
for which the tax commissioner
made such a
determination. The
department shall pay from
the
school district
property tax
replacement fund to the
school
district or joint vocational
school district one-half
of the
fixed-sum levy
loss so certified
for each year
between the
twenty-first and twenty-eighth days of
August and of February.
(2) Beginning in 2003, by the thirty-first day of
January of
each year, the tax commissioner shall review the
certification
originally made
under division (E)(1) of this section. If the
commissioner
determines that a
debt levy that had been
scheduled
to be reimbursed in
the current
year has expired, a
revised
certification for that and all
subsequent years shall be
made to
the
department of
education.
(F) If the balance of the half-mill equalization fund created under section 3318.18 of the Revised Code is insufficient to make the full amount of payments required under division (D) of that section, the department of education, at the end of the third quarter of the fiscal year, shall certify to the director of budget and management the amount of the deficiency, and the director shall transfer an amount equal to the deficiency from the school district property tax replacement fund to the half-mill equalization fund.
(G)
Beginning in August 2002,
and ending in May 2017,
the director of budget and management
shall transfer from the
school district property tax replacement
fund to the general
revenue fund each of the following:
(1) Between the twenty-eighth day of August and the fifth
day of September, the lesser of one-half of the amount certified
for that fiscal year under division (A)(2) of this section or the
balance in the school district property tax replacement fund;
(2) Between the first and fifth days of May, the lesser of
one-half of the amount certified for that fiscal year under
division (A)(2) of this section or the balance in the school
district property tax replacement fund.
(H) On the first day of June each year, the director of budget and management shall transfer any balance remaining in the school district property tax replacement fund after the payments have been made under divisions (C), (D), (E), (F), and (G) of this section to the half-mill equalization fund created under section 3318.18 of the Revised Code to the extent required to make any payments in the current fiscal year under that section, and shall transfer the remaining balance to the general revenue fund.
(I) From fiscal year 2002 through fiscal year 2016,
if the
total amount in the school district property tax
replacement fund
is insufficient to make all payments under
divisions (C), (D),
(E), and (F) of this section
at the time the payments are
to be made, the
director
of budget and management shall transfer
from the general
revenue
fund to the school district property tax
replacement fund
the
difference between the total amount to be
paid and the total
amount in the school district property tax
replacement fund, except that no transfer shall be made by reason of a deficiency to the extent that it results from the amendment of section 5727.84 of the Revised Code by Amended Substitute House Bill No. 95 of the 125th general assembly.
(J) If all of the territory of a school
district
or
joint vocational school district is merged with an existing district, or if a part of the territory of a school district or joint vocational school district is
transferred
to
an existing or new district,
the department of education, in
consultation
with the tax commissioner, shall adjust the
payments
made under
this section as follows:
(1) For the merger of all of the territory of two or more districts, the fixed-rate levy loss and the fixed-sum levy loss of the successor district shall be equal to the sum of the fixed-rate levy losses and the fixed-sum levy losses for each of the districts involved in the merger.
(2) For the transfer of a part of one district's territory to an existing district, the amount of the fixed-rate levy loss that is transferred to the recipient district shall be an amount equal to the transferring district's total fixed-rate levy loss times a fraction, the numerator of which is the value of electric company tangible personal property located in the part of the territory that was transferred, and the denominator of which is the total value of electric company tangible personal property located in the entire district from which the territory was transferred. The value of electric company tangible personal property under this division shall be determined for the most recent year for which data is available. Fixed-sum levy losses for both districts shall be determined under division (J)(4) of this section.
(3) For the transfer of a part of the territory of one or more districts to create a new district:
(a) If the new district is created on or after January 1, 2000, but before January 1, 2005, the new district shall be paid its current fixed-rate levy loss through August 2008 2009. From February 2009 2010 to August 2016, the new district shall be paid the lesser of: (i) the amount calculated under division (C)(2) of this section or (ii) an amount equal to the new district's fixed-rate levy loss multiplied by the percentage prescribed by the following schedule:
YEAR |
PERCENTAGE |
2009 |
75% |
2010 |
70% |
2011 |
70% |
2012 |
60% |
2013 |
50% |
2014 |
40% |
2015 |
24% |
2016 |
11.5% |
2017 and thereafter |
0% |
Fixed-sum levy losses for the districts shall be determined under division (J)(4) of this section.
(b) If the new district is created on or after January 1, 2005, the new district shall be deemed not to have any fixed-rate levy loss or, except as provided in division (J)(4) of this section, fixed-sum levy loss. The district or districts from which the territory was transferred shall have no reduction in their fixed-rate levy loss, or, except as provided in division (J)(4) of this section, their fixed-sum levy loss.
(4) If a recipient district under division (J)(2) of this section or a new district under division (J)(3)(a) or (b) of this section takes on debt from one or more of the districts from which territory was transferred, and any of the districts transferring the territory had fixed-sum levy losses, the department of education, in consultation with the tax commissioner, shall make an equitable division of the fixed-sum levy losses.
(K) There is hereby created the public utility
property
tax
study
committee, effective January 1, 2011. The committee
shall
consist
of the following seven members: the tax
commissioner,
three
members of the senate appointed by the
president of the
senate,
and three members of the house of
representatives
appointed by the
speaker of the house of
representatives. The
appointments shall
be made not later than
January 31, 2011. The
tax commissioner shall be the
chairperson of
the committee.
The committee shall study the extent to which each school
district
or joint vocational school district has been compensated,
under
sections 5727.84 and 5727.85 of the Revised Code as enacted
by
Substitute Senate Bill No. 3 of the 123rd general assembly and
any
subsequent acts, for the property tax loss caused by the
reduction
in the assessment rates for natural gas, electric, and
rural electric company
tangible personal property. Not later than
June 30, 2011, the
committee shall issue a report of its findings,
including any
recommendations for providing additional
compensation for the
property tax loss or regarding remedial
legislation, to the
president of the senate and the speaker of the
house of
representatives, at which time the committee shall cease
to exist.
The department of taxation and department of education shall
provide such information and assistance as is required for the
committee to carry out its duties.
Sec. 5727.86. (A) Not later than January 1, 2002, the tax
commissioner shall
compute the payments to be made to each local
taxing unit for each year according to divisions (A)(1), (2),
(3), and (4) and division (E) of this section, and shall
distribute the
payments in the manner prescribed by division (C)
of this section.
The
calculation of the fixed-sum
levy loss shall
cover a time
period sufficient to include all
fixed-sum levies
for which the
tax commissioner determined,
pursuant to division
(H) of section
5727.84 of the Revised Code,
that a fixed-sum levy
loss is
to be
reimbursed.
(1) Except as provided in
divisions (A)(3)
and (4)
of this
section,
for
fixed-rate levy losses determined under
division (G)
of
section
5727.84 of the Revised Code, payments
shall be made in
each of the
following years at the following
percentage of the
fixed-rate levy
loss certified under division
(A) of this section:
|
YEAR |
PERCENTAGE |
|
2002 |
100% |
|
2003 |
100% |
|
2004 |
100% |
|
2005 |
100% |
|
2006 |
100% |
|
2007 |
80% |
|
2008 |
80% |
|
2009 |
80% |
|
2010 |
80% |
|
2011 |
80% |
|
2012 |
66.7% |
|
2013 |
53.4% |
|
2014 |
40.1% |
|
2015 |
26.8% |
|
2016 |
13.5% |
|
2017 and thereafter |
0% |
(2) For fixed-sum levy losses determined under division
(H)
of
section 5727.84 of the Revised Code, payments shall be made in
the amount
of one hundred per cent of the
fixed-sum levy loss
for
payments required
to be made in 2002 and thereafter.
(3) A local taxing unit in a county of less than two hundred
fifty square miles that receives eighty per cent or more of its
combined general fund and bond retirement fund revenues from
property taxes and rollbacks based on 1997 actual revenues as
presented in its 1999 tax budget, and in which electric companies
and rural electric companies comprise over twenty per cent of its
property valuation, shall receive one hundred per cent of its
fixed-rate levy losses from electric company tax value losses
certified
under division (A) of this
section in years 2002 to
2016.
(4) For taxes levied within the ten-mill limitation for debt
purposes in tax year 1998 in the case of electric company tax
value losses, and in tax year 1999 in the case of natural gas
company tax value losses, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2016.
(B) Beginning in 2003, by the thirty-first day of January of
each
year, the tax commissioner shall review the
calculation
originally made under division (A) of this section of
the
fixed-sum levy loss determined under division (H) of
section
5727.84 of the Revised Code. If the commissioner determines that
a fixed-sum levy that had been scheduled to be reimbursed in the
current year has expired, a revised
calculation for
that and all
subsequent years shall be made.
(C) Payments to local taxing units required to be made under
divisions (A) and (E) of this section shall be paid from the local
government property tax replacement fund to the county undivided
income tax fund in the proper county treasury. One-half of the
amount certified under those divisions shall be paid
between the
twenty-first and twenty-eighth days of August and of February.
The
county
treasurer shall distribute amounts paid under division
(A)
of this
section to the proper local taxing unit as if they had
been levied
and collected as taxes, and the local taxing unit
shall apportion
the amounts so received among its funds in the
same proportions as
if those amounts had been levied and collected
as taxes. Amounts Except in the case of amounts distributed to the county as a local taxing unit, amounts
distributed under division (E)(2) of this section
shall be credited
to the general fund of the local taxing unit
that receives them. Amounts distributed to each county as a local taxing unit under division (E)(2) of this section shall be credited in the proportion that the current taxes charged and payable from each levy of or by the county bears to the total current taxes charged and payable from all levies of or by the county.
(D) By February 5, 2002, the tax commissioner shall estimate
the
amount of money in the local government property tax
replacement
fund in excess of the amount necessary to make
payments in that
month under division (C) of this section.
Notwithstanding
division (A) of this section, the tax commissioner
may pay any
local taxing unit, from those excess funds, nine and
four-tenths
times the amount computed for 2002 under division
(A)(1) of this
section. A payment made under this division shall
be in lieu of
the payment to be made in February 2002 under
division (A)(1) of
this section. A local taxing unit receiving a
payment under this
division will no longer be entitled to any
further payments under
division (A)(1) of this section.
A payment
made under this division shall be paid from the local
government
property tax replacement fund to the county undivided income
tax
fund in the proper county treasury. The county treasurer
shall
distribute the payment to the proper local taxing unit as if
it
had been levied and collected as taxes, and the local taxing
unit
shall apportion the amounts so received among its funds in
the
same proportions as if those amounts had been levied and
collected
as taxes.
(E)(1) On the thirty-first day of July of 2002, 2003, 2004,
2005,
and 2006, and on the thirty-first day of January and July of
2007
and each year thereafter, if the amount credited to the local
government property tax replacement fund exceeds the amount needed
to be distributed from the fund under division (A) of this section
in the following month, the
tax
commissioner
shall distribute the
excess to each county as
follows:
(1)(a) One-half shall be distributed to each county in
proportion to
each county's population.
(2)(b) One-half shall be distributed to each county in the
proportion that the amounts determined under divisions (G)
and (H)
of section 5727.84 of the Revised Code for all local taxing
units
in
the county is of the total amounts so determined for all local
taxing
units in the state.
(2) The amounts distributed to each county under this division (E) of this section
shall
be distributed by the county
treasurer auditor to
each local
taxing
unit in the county in the proportion that the
unit's
current taxes
charged and payable are of the total current
taxes
charged and
payable of all the local taxing units in the
county. If the amount that the county auditor determines to be distributed to a local taxing unit is less than five dollars, that amount shall not be distributed, and the amount not distributed shall remain credited to the county undivided income tax fund. At the time of the next distribution under division (E)(2) of this section, any amount that had not been distributed in the prior distribution shall be added to the amount available for the next distribution prior to calculation of the amount to be distributed.
As used in
this division,
"current taxes charged and
payable"
means the taxes
charged and payable as most recently
determined
for local taxing
units in the county.
(3) If, in the opinion of the
tax commissioner,
the
excess
remaining in the local government
property tax
replacement
fund in
any year is not sufficient to
warrant
distribution under
this
division (E) of this section, the excess shall remain
to the
credit of the fund.
(F)
From fiscal year 2002 through fiscal year 2016, if the
total amount in the local government property tax
replacement fund
is insufficient to make all payments under
division (C) of this
section
at the times the payments are to be made, the
director of
budget and management shall transfer from the general
revenue fund
to the local government property tax replacement fund
the
difference between the total amount to be paid and the amount
in
the local government property tax replacement fund, except that no transfer shall be made by reason of a deficiency to the extent that it results from the amendment of section 5727.84 of the Revised Code by Amended Substitute House Bill 95 of the 125th general assembly.
(G) If all or a part of the territories of two or more local
taxing units are merged, or unincorporated territory of a township
is annexed by a municipal corporation, the tax commissioner shall
adjust the payments made under this section to each of the local
taxing units in proportion to the tax value loss apportioned to
the merged or annexed territory, or as otherwise provided by a
written agreement between the legislative authorities of the local
taxing units certified to the tax commissioner not later than the
first day of June of the calendar year in which the payment is to
be made.
Sec. 5727.87. (A) As used in this section:
(1)
"Administrative fees" means the dollar percentages
allowed by
the county auditor for services or by the county
treasurer as
fees, or paid to the credit of the real estate
assessment fund,
under divisions (A) and (B)(C) of section 319.54 and
division (A) of
section 321.26 of the Revised Code.
(2)
"Administrative fee loss" means a county's loss of
administrative fees due to its tax value loss, determined as
follows:
(a) For purposes of the determination made under division
(B) of
this section in the years 2002 through 2006, the
administrative
fee loss shall be computed by multiplying the
amounts determined
for all taxing districts in the county under
divisions (G)
and (H)
of section 5727.84 of the Revised Code by
nine thousand six
hundred fifty-nine ten-thousandths of
one per
cent if total taxes
collected in the county in
1999
exceeded one
hundred
fifty million dollars, or one and one
thousand one hundred
fifty-nine ten-thousandths of
one per cent
if
total taxes
collected
in the county in
1999 were
one
hundred fifty million
dollars or less;
(b) For purposes of the determination under division (B) of
this
section in the years 2007 through 2011, the administrative
fee
loss shall be the lesser of the amount computed under division (A)(2)(a) of this section or the amount determined by subtracting from the dollar amount
of
administrative fees collected in the county in
1999,
the
dollar amount of administrative fees collected in the
county
in
the current calendar year.
(3) "Total taxes collected" means all money collected on any
tax duplicate of the county, other than the estate tax duplicates.
"Total taxes collected" does not include amounts received pursuant
to divisions (F) and (G) of section 321.24 or section 323.156 of
the Revised Code.
(B)
Not later than the thirty-first day of December of 2001
through 2005, the tax commissioner shall certify to each county
auditor the tax levy losses calculated under divisions (G) and (H)
of section 5727.84 of the Revised Code for each school district,
joint vocational school district, and local taxing unit in the
county. Not later than the
thirty-first day of
January
of 2002
through
2011,
the county auditor shall determine the
administrative fee
loss for
the county
and apportion that loss
ratably among
the school districts,
joint vocational school
districts, and local
taxing units on the
basis of the tax levy
losses certified under
this division.
(C) On or before each of the days prescribed for the
settlements
under divisions (A) and (C) of section 321.24 of the
Revised Code
in the years 2002 through 2011, the county
treasurer
shall
deduct one-half of the amount
apportioned to each school
district, joint vocational school
district, and local taxing unit
from the portions of revenue
payable to them.
(D) On or before each of the days prescribed for
settlements
under divisions (A) and (C) of section 321.24 of the
Revised Code
in the years 2002 through 2011, the county auditor
shall cause to
be deposited an amount equal to one-half of the
amount of the
administrative
fee loss
in the same
funds as if allowed as
administrative fees.
After payment of the administrative fee loss on or before
August
10, 2011, all payments under this section shall cease.
Sec. 5733.12. (A) Four and two-tenths per cent of all All
payments received
from the taxes imposed
under sections 5733.06
and 5733.41 of the Revised Code shall be
credited to the local
government fund for distribution
in
accordance with section
5747.50 of the Revised Code, six-tenths of
one
per cent shall be
credited
to the local government revenue
assistance fund for
distribution in accordance
with section
5747.61 of
the Revised
Code, and ninety-five and two-tenths per
cent shall be
credited to
the general revenue fund.
(B) Except as otherwise provided under divisions (C) and
(D)
of this section, an
application to refund to the corporation the
amount
of taxes imposed under section 5733.06 of the Revised Code
that are overpaid,
paid illegally or erroneously, or paid on any
illegal, erroneous, or excessive assessment, with interest
thereon
as provided by section 5733.26 of the Revised Code, shall
be filed
with the tax commissioner, on the form prescribed by
the
commissioner, within three years from the date of the
illegal,
erroneous, or excessive payment of the tax, or within any
additional
period allowed by division (C)(2) of section 5733.031,
division (D)(2)
of section 5733.067, or division (A) of section
5733.11 of the
Revised Code. For purposes of division (B) of this
section, any payment that the applicant made before the due date
or extended due date for filing the report to which the payment
relates shall be deemed to have been made on the due date or
extended due date.
On the filing of the refund application, the commissioner
shall determine the amount of refund
to which the
applicant is
entitled. If the amount is not less than that
claimed the
commissioner shall certify
the amount
to the
director of budget
and management and treasurer of state
for
payment from the tax
refund fund created by section 5703.052
of
the Revised Code. If
the amount is less than that claimed, the
commissioner shall
proceed in accordance with section 5703.70 of
the Revised Code.
(C) "Ninety days" shall
be substituted for "three years" in
division
(B) of this section if the taxpayer satisfies both of
the
following:
(1) The taxpayer has applied for a refund based in whole
or
in part upon section 5733.0611 of the Revised Code;
(2) The taxpayer asserts that the imposition or collection
of the tax imposed or charged by section 5733.06 of the Revised
Code or any
portion of such tax violates the Constitution of the
United States or the
Constitution of this state.
(D)(1) Division (D)(2) of this section applies
only if all
of the following conditions are satisfied:
(a) A qualifying pass-through entity
pays an amount of the
tax imposed by section 5733.41 of the
Revised Code;
(b) The taxpayer is a qualifying investor as to that
qualifying pass-through
entity;
(c) The taxpayer did not claim the credit provided for in
section 5733.0611
of the Revised Code as to the tax described in
division (D)(1)(a) of this
section;
(d) The three-year period described
in division (B) of this
section has ended as to the taxable year for which the
taxpayer
otherwise would have claimed that credit.
(2) A taxpayer shall file an application for refund
pursuant
to this division within one year after the date the
payment
described in division
(D)(1)(a) of this section is made. An
application filed under this
division shall only claim refund of
overpayments resulting from
the taxpayer's failure to claim the
credit described in division
(D)(1)(c)
of this section. Nothing
in this division shall be construed to
relieve a taxpayer from
complying with the provisions of
division (I)(14) of section
5733.04 of the Revised Code.
Sec. 5733.39. (A) As used in this section:
(1) "Compliance facility" means property that is designed,
constructed, or installed, and used, at a coal-fired electric
generating facility for the primary purpose of complying with
acid rain control requirements under Title
IV of the "Clean Air Act Amendments of 1990," 104
Stat. 2584, 42 U.S.C.A.
7651, and that controls or limits emissions of sulfur or nitrogen
compounds resulting from the combustion of coal through the
removal or reduction of those compounds before, during, or after
the combustion of the coal, but before the combustion products
are emitted into the atmosphere. "Compliance facility" also
includes any of the following:
(a) A facility that removes sulfur compounds from coal
before the combustion of the coal and that is located off the
premises of the electric generating facility where the coal
processed by the compliance facility is burned;
(b) Modifications to the electric generating facility
where the compliance facility is constructed or installed that
are necessary to accommodate the construction or installation, and
operation, of the compliance facility;
(c) A byproduct disposal facility, as defined in section
3734.051 of the Revised Code, that exclusively disposes of wastes
produced by the compliance facility and other coal combustion
byproducts produced by the generating unit in or to which the
compliance facility is incorporated or connected regardless of
whether the byproduct disposal facility is located on the same
premises as the compliance facility or generating unit that
produces the wastes disposed of at the facility;
(d) Facilities or equipment that is acquired, constructed,
or installed, and used, at a coal-fired electric generating
facility exclusively for the purpose of handling the byproducts
produced by the compliance facility or other coal combustion
byproducts produced by the generating unit in or to which the
compliance facility is incorporated or connected;
(e) A flue gas desulfurization system that is
connected to a coal-fired electric generating unit;
(f) Facilities or equipment acquired, constructed,
or installed, and used, at a coal-fired electric generating unit
primarily for the purpose of handling the byproducts produced by
a compliance facility or other coal combustion byproducts
produced by the generating unit in or to which the compliance
facility is incorporated or connected.
(2) "Ohio coal" means coal mined from coal deposits in the ground that are located within this state, regardless of the location of the mine's tipple.
(3) "Sale and leaseback transaction" has the same meaning
as in section 5727.01 of the
Revised
Code.
(B) An electric company shall be allowed a
nonrefundable
credit against the tax imposed by section 5733.06 of the
Revised
Code for
Ohio coal used in any of its
coal-fired electric generating units after April 30, 2001, but before
January 1, 2008 2010. Section
5733.057 of the
Revised
Code shall apply when
calculating the credit allowed by this section. The credit
shall be claimed at the following rates per ton of
Ohio coal burned in a
coal-fired electric generating unit during the taxable year
ending immediately preceding the tax year: for tax years before tax year 2006, three dollars per ton; and for tax years 2006, 2007, and 2008, and 2009, one dollar per ton. The credit is
allowed only if both of the following conditions are met during
such taxable year:
(1) The coal-fired electric generating unit is owned and
used by the company claiming the credit or leased and used by
that company under a sale and leaseback transaction.
(2) A compliance facility is attached to, incorporated
in, or used in conjunction with the coal-fired generating
unit.
(C) The credit shall be
claimed in the order required under section 5733.98 of the
Revised Code.
The taxpayer may carry forward any credit amount in excess of
its tax due after allowing for any other credits that precede the
credit allowed under this section in the order required under section
5733.98 of the Revised Code. The excess
credit may be carried forward
for three years following the tax year for which it is
claimed under this section.
(D) The director of
environmental protection, upon the request of the tax
commissioner, shall certify whether a facility is a compliance
facility. In the case of a compliance facility owned by an
electric company, the public utilities commission shall certify
to the tax commissioner the cost of the facility as of the date
it was placed in service. In the case of a compliance facility
owned by a person other than an electric company, the tax
commissioner shall determine the cost of the facility as of the
date it was placed in service. If the owner of such a facility
fails to furnish the information necessary to make that
determination, no credit shall be allowed.
Sec. 5733.48. (A) As used in this section, "alternative fuel," "retail dealer," and "retail service station" have the same meanings as in section 5747.77 of the Revised Code.
(B) There is hereby allowed a nonrefundable credit against the tax imposed by section 5733.06 of the Revised Code for a retail dealer that sells alternative fuel. The credit may be claimed for tax years 2008 and 2009. The credit for tax year 2008 shall equal fifteen cents per gallon of alternative fuel sold and dispensed through a metered pump at the retail dealer's retail service station during any part of calendar year 2007 that is included in the dealer's taxable year ending in 2007. The credit for tax year 2009 shall equal fifteen cents per gallon of alternative fuel sold and dispensed through a metered pump at the retail dealer's retail service station during any part of calendar year 2007 that is included in the dealer's taxable year ending in 2008, plus thirteen cents per gallon of alternative fuel sold and dispensed in that manner during any part of calendar year 2008 that is included in that taxable year. The credit shall be calculated separately for each retail service station owned or operated by the retail dealer.
(C) The retail dealer shall claim the credit under this section in the order prescribed in section 5733.98 of the Revised Code. The credit shall not exceed the amount of tax otherwise due under section 5733.06 of the Revised Code after deducting any other credits that precede the credit claimed under this section in that order.
Sec. 5733.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5733.06 of the
Revised Code
that is due under this chapter, a taxpayer
shall
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised
Code:
(1) For tax year 2005, the credit for taxes paid by a qualifying pass-through
entity allowed
under section 5733.0611 of the Revised Code;
(2) The credit allowed for financial institutions under
section 5733.45 of the Revised Code;
(3) The credit for qualifying affiliated groups under
section
5733.068 of the Revised Code;
(4) The subsidiary corporation credit under section
5733.067
of the Revised Code;
(5) The savings and loan assessment credit under section
5733.063 of the Revised Code;
(6) The credit for recycling and litter prevention
donations
under section
5733.064 of the Revised Code;
(7) The credit for employers that enter into
agreements with
child day-care centers under section 5733.36 of the
Revised Code;
(8) The credit for employers that reimburse employee child
care expenses under section 5733.38 of the Revised
Code;
(9) The credit for maintaining railroad active grade
crossing
warning
devices under section 5733.43 of the Revised
Code;
(10) The credit for purchases of lights and reflectors under
section
5733.44 of the Revised Code;
(11) The job retention credit under division (B) of section
5733.0610 of the Revised Code;
(12) The credit for purchases of new manufacturing
machinery
and equipment under section 5733.31 or section 5733.311
tax years 2008 and 2009 for selling alternative fuel under section 5733.48 of the
Revised Code;
(13) The second credit for purchases of new
manufacturing
machinery and equipment under
section 5733.33 of the
Revised Code;
(14) The job training credit under section 5733.42 of
the
Revised
Code;
(15) The credit for qualified research expenses under
section 5733.351 of
the Revised Code;
(16) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(17) The credit for the eligible costs associated with a
voluntary action under section 5733.34
of the Revised Code;
(18) The credit for employers that establish on-site
child
day-care centers under section 5733.37 of the Revised
Code;
(19)
The ethanol plant investment credit under section
5733.46 of the Revised Code;
(20) The credit for purchases of qualifying grape
production
property under section 5733.32 of the Revised Code;
(21) The export sales credit under section 5733.069 of
the
Revised Code;
(22) The credit for research and development and
technology
transfer investors under section 5733.35 of the Revised
Code;
(23) The enterprise zone credits under section 5709.65
of
the
Revised Code;
(24) The credit for using Ohio coal under section
5733.39
of
the
Revised Code;
(25) The credit for small telephone companies under section 5733.57 of the Revised Code;
(26) The credit for eligible nonrecurring 9-1-1 charges under section 5733.55 of the Revised Code;
(27) For tax year 2005, the credit for providing programs to aid the communicatively impaired under division (A) of section 5733.56 of the Revised Code;
(28) The research and development credit under section 5733.352 of the Revised Code;
(29) For tax years 2006 and subsequent tax years, the credit for taxes paid by a qualifying pass-through entity allowed under section 5733.0611 of the Revised Code;
(30) The refundable credit for rehabilitating a historic building under section 5733.47 of the Revised Code;
(31) The refundable jobs creation credit under
division
(A)
of section
5733.0610 of the Revised Code;
(32) The refundable credit for tax withheld under
division
(B)(2) of section 5747.062 of the Revised Code;
(33) The refundable credit under section 5733.49 of the Revised Code for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code;
(34) For tax years 2006, 2007, and 2008, the refundable credit allowable under division (B) of section 5733.56 of the Revised Code.
(B) For any credit except the
credits enumerated
in divisions (A)(30) to (34) of this section, the amount of the
credit for a tax year shall not
exceed
the tax due after allowing
for any other credit that
precedes it
in the order required under
this section. Any excess
amount of a
particular credit may be
carried forward if authorized
under the
section creating that
credit.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state.
(A)(1) The tax shall be collected as provided
in
section 5739.025 of the Revised Code, provided that on and after July 1, 2003, and on or before June 30, 2005, the rate of tax shall be six per cent. On and after July 1, 2005, the rate of the tax shall be five and one-half per cent. The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
(2) In the case of the lease or rental, with a fixed term of more than thirty days or an indefinite term with a minimum period of more than thirty days, of any motor vehicles designed by the manufacturer to carry a load of not more than one ton, watercraft, outboard motor, or aircraft, or of any tangible personal property, other than motor vehicles designed by the manufacturer to carry a load of more than one ton, to be used by the lessee or renter primarily for business purposes, the tax shall be collected by the vendor at the time the lease or rental is consummated and shall be calculated by the vendor on the basis of the total amount to be paid by the lessee or renter under the lease agreement. If the total amount of the consideration for the lease or rental includes amounts that are not calculated at the time the lease or rental is executed, the tax shall be calculated and collected by the vendor at the time such amounts are billed to the lessee or renter. In the case of an open-end lease or rental, the tax shall be calculated by the vendor on the basis of the total amount to be paid during the initial fixed term of the lease or rental, and for each subsequent renewal period as it comes due. As used in this division, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code, and "watercraft" includes an outdrive unit attached to the watercraft.
A lease with a renewal clause and a termination penalty or similar provision that applies if the renewal clause is not exercised is presumed to be a sham transaction. In such a case, the tax shall be calculated and paid on the basis of the entire length of the lease period, including any renewal periods, until the termination penalty or similar provision no longer applies. The taxpayer shall bear the burden, by a preponderance of the evidence, that the transaction or series of transactions is not a sham transaction.
(3) Except as provided in division (A)(2) of this section, in the case of a sale, the price of which consists in whole
or in part of the lease or rental of tangible personal property, the
tax shall be measured by the
installments
of that lease or rental.
(4) In the case of a sale of a physical fitness facility service or recreation and sports club service, the price of
which consists in whole or in part of a membership for the
receipt
of the benefit of the service, the tax applicable to the
sale
shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers and of magazine subscriptions and
sales or transfers of magazines
distributed as controlled
circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done;
(6) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under division (A) of section
5735.14 of the Revised Code; and the tax
commissioner may deduct
the amount of tax levied by this section
applicable to the price
of motor fuel when granting a
refund of motor fuel tax pursuant to division (A) of
section 5735.14 of
the Revised Code and shall cause the amount
deducted to be paid
into the general revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telegraph company, all terms as defined in section
5727.01 of
the Revised Code, and sales of electricity delivered through wires;
(8) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9)(a) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year, except as otherwise provided in division (B)(9)(b) of this section. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization, except that.
(b) The limitation on the number of days on which tax-exempt sales may be made by a church or organization under division (B)(9)(a) of this section does not apply to sales made by
separate
student clubs and other groups of students of a primary
or
secondary school, and sales made by or a parent-teacher
association,
booster group, or similar organization that raises
money to
support or fund curricular or extracurricular activities
of a
primary or secondary school, shall not be considered to be
sales
of such school, and sales by each such club, group,
association,
or organization shall be counted separately for
purposes of the
six-day limitation. This division does.
(c) Divisions (B)(9)(a) and (b) of this section do not apply
to sales by a
noncommercial educational radio or television
broadcasting
station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) Except for transactions that are sales under division (B)(3)(r) of section 5739.01 of the Revised Code, the transportation of persons or property, unless the
transportation is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision
of this state, or
with the
United
States government or any of its agencies; building
and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
the
structures or improvements; building and construction
materials
sold to construction contractors for incorporation into
a
horticulture structure or livestock structure for a person
engaged
in the business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock;
(15) Sales to persons primarily engaged in any of the activities
mentioned in division (B)(42)(a) or (g) of this section, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material, labels, and parts for packages, and
of
machinery, equipment, and material for use primarily in
packaging
tangible personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to prepare packages
or products for labeling, or to
label packages or products, by or on the order
of the person doing
the packaging, or sold at retail.
"Packages"
includes bags,
baskets, cartons, crates, boxes, cans, bottles,
bindings,
wrappings, and other similar devices and containers, but does not include motor vehicles or bulk tanks, trailers, or similar devices attached to motor vehicles. "Packaging" means placing in a package. Division (B)(15) of this section does not apply to persons engaged in highway transportation for hire.
(16) Sales of food to persons using food stamp
benefits to
purchase the food. As used in this division,
"food" has the same meaning as in the
"Food Stamp
Act of 1977,"
91
Stat. 958, 7 U.S.C. 2012, as amended, and federal
regulations
adopted pursuant to that act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs for a human being that may be dispensed only pursuant to a prescription;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for
use in
the treatment of persons with medical disease;
hospital
beds when purchased
by hospitals, nursing homes, or other medical facilities;
and medical oxygen and medical oxygen-dispensing
equipment when purchased by hospitals, nursing homes, or other medical facilities;
(19) Sales of prosthetic devices, durable medical equipment for home use, or mobility enhancing equipment, when made pursuant to a prescription and when such devices or equipment are for use by a human being.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the same from this state in a vehicle owned by the
purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is
taken in this state for the sole purpose of immediately
removing
it from this state, that the motor vehicle will be
permanently
titled and registered in another state, and that the
motor vehicle
will not be used in this state under the circumstances described in division (B) of section 5739.029 of the Revised Code;
(24) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption
services
or county humane societies;
(29) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, motor
vehicles
that
are
primarily used for transporting tangible personal property belonging to others by
a
person engaged in highway transportation for hire, except for packages and packaging used for the transportation of tangible personal property;
(33) Sales to the state headquarters of any veterans'
organization in
this state that is either incorporated and
issued
a
charter by the congress of the United States or is
recognized by
the United States veterans administration, for use
by the
headquarters;
(34) Sales to a telecommunications service vendor, mobile telecommunications service vendor, or satellite broadcasting service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, one- or two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
The exemption provided in this division
shall
be in lieu of all other exemptions under division (B)(42)(a) of this
section to which the vendor may otherwise be entitled, based upon the use of
the
thing purchased in providing the telecommunications, mobile telecommunications, or satellite broadcasting service.
(35)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(35)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer.
For purposes of division (B)(35) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier.
(36) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(37) Sales of personal computers, computer monitors,
computer keyboards,
modems, and other peripheral computer
equipment to an individual who is
licensed or certified to teach
in an elementary or a secondary school in this
state for use by
that individual in preparation for teaching elementary or
secondary school students;
(38) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated
in motor racing vehicles, including
engines, chassis, and all
other components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication.
(39) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000;
(40) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. The exemption provided in
this division shall be in lieu of all other exemptions in division
(B)(42)(a) of this section to
which a provider
of electricity may otherwise be entitled based on the use of the
tangible
personal property or service purchased in generating,
transmitting, or
distributing electricity.
(41) Sales to a person providing services under division (B)(3)(r) of section 5739.01 of the Revised Code of tangible personal property and services used directly and primarily in providing taxable services under that section.
(42) Sales where the purpose of the purchaser is to do any of the following:
(a) To incorporate the thing transferred as a material or a part into tangible personal property to be produced for sale by manufacturing, assembling, processing, or refining; or to use or consume the thing transferred directly in producing tangible personal property for sale by mining, including, without limitation, the extraction from the earth of all substances that are classed geologically as minerals, production of crude oil and natural gas, farming, agriculture, horticulture, or floriculture, or directly in the rendition of a public utility service, except that the sales tax levied by this section shall be collected upon all meals, drinks, and food for human consumption sold when transporting persons. Persons engaged in rendering farming, agricultural, horticultural, or floricultural services, and services in the exploration for, and production of, crude oil and natural gas, for others are deemed engaged directly in farming, agriculture, horticulture, and floriculture, or exploration for, and production of, crude oil and natural gas. This paragraph does not exempt from "retail sale" or "sales at retail" the sale of tangible personal property that is to be incorporated into a structure or improvement to real property.
(b) To hold the thing transferred as security for the performance of an obligation of the vendor;
(c) To resell, hold, use, or consume the thing transferred as evidence of a contract of insurance;
(d) To use or consume the thing directly in commercial fishing;
(e) To incorporate the thing transferred as a material or a part into, or to use or consume the thing transferred directly in the production of, magazines distributed as controlled circulation publications;
(f) To use or consume the thing transferred in the production and preparation in suitable condition for market and sale of printed, imprinted, overprinted, lithographic, multilithic, blueprinted, photostatic, or other productions or reproductions of written or graphic matter;
(g) To use the thing transferred, as described in section 5739.011 of the Revised Code, primarily in a manufacturing operation to produce tangible personal property for sale;
(h) To use the benefit of a warranty, maintenance or service contract, or similar agreement, as described in division (B)(7) of section 5739.01 of the Revised Code, to repair or maintain tangible personal property, if all of the property that is the subject of the warranty, contract, or agreement would not be subject to the tax imposed by this section;
(i) To use the thing transferred as qualified research and development equipment;
(j) To use or consume the thing transferred primarily in storing, transporting, mailing, or otherwise handling purchased sales inventory in a warehouse, distribution center, or similar facility when the inventory is primarily distributed outside this state to retail stores of the person who owns or controls the warehouse, distribution center, or similar facility, to retail stores of an affiliated group of which that person is a member, or by means of direct marketing. This division does not apply to motor vehicles registered for operation on the public highways. As used in this division, "affiliated group" has the same meaning as in division (B)(3)(e) of section 5739.01 of the Revised Code and "direct marketing" has the same meaning as in division (B)(35) of this section.
(k) To use or consume the thing transferred to fulfill a contractual obligation incurred by a warrantor pursuant to a warranty provided as a part of the price of the tangible personal property sold or by a vendor of a warranty, maintenance or service contract, or similar agreement the provision of which is defined as a sale under division (B)(7) of section 5739.01 of the Revised Code;
(l) To use or consume the thing transferred in the production of a newspaper for distribution to the public;
(m) To use tangible personal property to perform a service listed in division (B)(3) of section 5739.01 of the Revised Code, if the property is or is to be permanently transferred to the consumer of the service as an integral part of the performance of the service.
As used in division (B)(42) of this section, "thing" includes all transactions included in divisions (B)(3)(a), (b), and (e) of section 5739.01 of the Revised Code.
(43) Sales conducted through a coin operated device that activates vacuum equipment or equipment that dispenses water, whether or not in combination with soap or other cleaning agents or wax, to the consumer for the consumer's use on the premises in washing, cleaning, or waxing a motor vehicle, provided no other personal property or personal service is provided as part of the transaction.
(44) Sales of replacement and modification parts for engines, airframes, instruments, and interiors in, and paint for, aircraft used primarily in a fractional aircraft ownership program, and sales of services for the repair, modification, and maintenance of such aircraft, and machinery, equipment, and supplies primarily used to provide those services.
(45) Sales of telecommunications service that is used directly and primarily to perform the functions of a call center. As used in this division, "call center" means any physical location where telephone calls are placed or received in high volume for the purpose of making sales, marketing, customer service, technical support, or other specialized business activity, and that employs at least fifty individuals that engage in call center activities on a full-time basis, or sufficient individuals to fill fifty full-time equivalent positions.
(46) Sales by a telecommunications service vendor of 900 service to a subscriber. This division does not apply to information services, as defined in division (FF) of section 5739.01 of the Revised Code.
(47) Sales of value-added non-voice data service. This division does not apply to any similar service that is not otherwise a telecommunications service.
(C) For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the contrary
is established.
(D) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
(E) The tax collected by the vendor from the consumer under this chapter is not part of the price, but is a tax collection for the benefit of the state, and of counties levying an additional sales tax pursuant to section 5739.021 or 5739.026 of the Revised Code and of transit authorities levying an additional sales tax pursuant to section 5739.023 of the Revised Code. Except for the discount authorized under section 5739.12 of the Revised Code and the effects of any rounding pursuant to section 5703.055 of the Revised Code, no person other than the state or such a county or transit authority shall derive any benefit from the collection or payment of the tax levied by this section or section 5739.021, 5739.023, or 5739.026 of the Revised Code.
Sec. 5739.029. (A) Notwithstanding sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code, and except as otherwise provided in division (B) of this section, the tax due under this chapter on the sale of a motor vehicle required to be titled under Chapter 4505. of the Revised Code by a motor vehicle dealer to a consumer that is a nonresident of this state shall be the lesser of the amount of tax that would be due under this chapter and Chapter 5741. of the Revised Code if the total combined rate were six per cent, or the amount of tax that would be due, taking into consideration all applicable credits and exemptions, to the state in which the consumer titles or registers the motor vehicle or to which the consumer removes the vehicle for use.
(B) No tax is due under this section, any other section of this chapter, or Chapter 5741. of the Revised Code under any of the following circumstances:
(1)(a) The consumer intends to immediately remove the motor vehicle from this state for use outside this state;
(b) Upon removal of the motor vehicle from this state, the consumer intends to title or register the vehicle in another state if such titling or registration is required;
(c) The consumer executes an affidavit as required under division (C) of this section affirming the consumer's intentions under divisions (B)(1)(a) and (b) of this section; and
(d) The state in which the consumer titles or registers the motor vehicle or to which the consumer removes the vehicle for use provides an exemption under circumstances substantially similar to those described in division (B)(1) of this section.
(2) The state in which the consumer titles or registers the motor vehicle or to which the consumer removes the vehicle for use does not provide a credit against its sales or use tax or similar excise tax for sales or use tax paid to this state.
(3) The state in which the consumer titles or registers the motor vehicle or to which the consumer removes the vehicle for use does not impose a sales or use tax or similar excise tax on the ownership or use of motor vehicles.
(C) Any nonresident consumer that purchases a motor vehicle from a motor vehicle dealer in this state under the circumstances described in divisions (B)(1)(a) and (b) of this section shall execute an affidavit affirming the intentions described in those divisions. The affidavit shall be executed in triplicate and in the form specified by the tax commissioner. The affidavit shall be given to the motor vehicle dealer.
A motor vehicle dealer that accepts in good faith an affidavit presented under this division by a nonresident consumer may rely upon the representations made in the affidavit.
(D) A motor vehicle dealer making a sale subject to the tax under division (A) of this section shall collect the tax due unless the sale is subject to the exception under division (B) of this section or unless the sale is not otherwise subject to taxes levied under sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In the case of a sale under the circumstances described in division (B)(1) of this section, the dealer shall retain one copy of the affidavit and file the original and the other copy with the clerk of the court of common pleas. If tax is due under division (A) of this section, the dealer shall remit the tax collected to the clerk at the time the dealer obtains the Ohio certificate of title in the name of the consumer as required under section 4505.06 of the Revised Code. The clerk shall forward the original affidavit to the tax commissioner in the manner prescribed by the commissioner.
Unless a sale is excepted from taxation under division (B) of this section, upon receipt of an application for certificate of title a clerk of the court of common pleas shall collect the sales tax due under division (A) of this section. The clerk shall remit the tax collected to the tax commissioner in the manner prescribed by the commissioner.
(E) If a motor vehicle is purchased by a corporation described in division (B)(6) of section 5739.01 of the Revised Code, the state of residence of the consumer for the purposes of this section is the state of residence of the corporation's principal shareholder.
(F) Any provision of this chapter or of Chapter 5741. of the Revised Code that is not inconsistent with this section applies to sales described in division (A) of this section.
(G) As used in this section:
(1) For the purposes of this section only, the sale or purchase of a motor vehicle does not include a lease or rental of a motor vehicle subject to division (A)(2) or (3) of section 5739.02 or division (A)(2) or (3) of section 5741.02 of the Revised Code;
(2) "State,"
except in reference to "this state," means any state, district, commonwealth, or territory of the United States.
Sec. 5739.032. (A) If the total amount of tax required to
be paid by a permit holder under section 5739.031 of the Revised
Code for any calendar year
equals or exceeds seventy-five thousand dollars, the permit holder shall remit each monthly tax payment
in the second ensuing and each succeeding year by electronic
funds
transfer as prescribed by division (B) of this section.
If a permit holder's tax payment for each of two
consecutive
years is less than
seventy-five thousand dollars, the
permit holder is relieved of the
requirement to remit taxes by
electronic funds transfer for the
year that next follows the
second of the consecutive years in
which the tax payment is less
than that amount,
and is relieved of that requirement
for each succeeding year,
unless the tax payment in a subsequent
year equals or exceeds
seventy-five thousand dollars.
The tax commissioner shall notify each permit holder
required
to remit taxes by electronic funds transfer of the
permit holder's
obligation to do so, shall maintain an updated
list of those
permit holders, and shall timely certify the list
and any
additions thereto or deletions therefrom to the treasurer
of
state. Failure by the tax commissioner to notify a permit
holder
subject to this section to remit taxes by electronic funds
transfer does not relieve the permit holder of its obligation to
remit taxes by electronic funds transfer.
(B) Permit holders required by division (A) of this
section
to remit payments by electronic funds transfer shall
remit such
payments to the treasurer of state in the manner
prescribed by this section and
rules adopted by the treasurer of state under section
113.061 of the
Revised Code, and on or before the following dates as follows:
(1) On or before each of the fifteenth and twenty-fifth days of each month, a permit holder shall remit an amount equal to thirty-seven and one-half per cent of the permit holder's total tax liability for the same month in the preceding calendar year On or before the twenty-third day of each month, a permit holder shall remit an amount equal to seventy-five per cent of the anticipated tax liability for that month.
(2) On or before the twenty-third day of each month, a permit holder shall report the taxes due for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1) of this section.
The payment of taxes
by electronic
funds transfer does not affect a permit holder's
obligation to
file the monthly return as required under section
5739.031 of the
Revised Code.
(C) A permit holder required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the permit holder
from remittance by electronic funds transfer for good cause shown
for the period of time requested by the permit holder or for a
portion of that period. The treasurer of state shall notify the tax
commissioner and the permit holder of the treasurer of state's decision as
soon as is practicable.
(D)(1)(a) If a permit holder that is required to remit payments under division (B) of this section fails to make a payment, or makes a payment under division (B)(1) of this section that is less than seventy-five per cent of the actual liability for that month, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(b) Division (D)(1)(a) of this section does not apply if the permit holder's payment under division (B)(1) of this section is equal to or greater than seventy-five per cent of the permit holder's reported liability for the same month in the immediately preceding calendar year.
(2) If a permit holder required by this section to remit
taxes by electronic funds transfer remits those taxes by some
means other than by electronic funds transfer as prescribed by
this section and the rules adopted by the treasurer of state, and
the
tax commissioner determines that such failure was
not due to
reasonable cause or was due to willful neglect, the
commissioner
may impose an additional
charge not to exceed the lesser of five per
cent of the amount of
the taxes
required to be paid by electronic
funds transfer or five thousand dollars.
(3) Any
additional charge
imposed
under division (D)(1) or (2) of this section is in addition to
any other penalty
or charge
imposed under this chapter, and shall
be considered as
revenue
arising from taxes imposed under this
chapter. An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code. The tax
commissioner may waive all or a portion of such
a charge and may
adopt rules governing such waiver.
No additional charge shall be imposed under division (D)(2) of this section
against a permit holder that has been notified of its obligation
to remit taxes under this section and that remits its first two
tax payments after such notification by some means other than
electronic funds transfer. The additional charge may be imposed
upon the remittance of any subsequent tax payment that the permit
holder remits by some means other than electronic funds transfer.
Sec. 5739.033. (A) Except as provided in division (B) of this section, divisions (C) to (I) of this section apply to sales made on and after May 1, 2006. Sales made before May 1, 2006, are subject to section 5739.035 of the Revised Code. On and after January 1, 2005, any vendor may irrevocably elect to comply with divisions (C) to (I) of this section for all of the vendor's sales and places of business in this state.
The amount of tax due pursuant to sections
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code is
the sum of the taxes imposed pursuant to those sections at the
sourcing location of the sale as determined under this
section or, if
applicable, under division (C) of section 5739.031 or section 5739.034 of the Revised Code, or at the situs of the sale as determined under section 5739.035 of the Revised
Code. This section applies only to a vendor's or seller's obligation to collect and remit sales taxes under section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code or use taxes under section 5741.02, 5741.021, 5741.022, or 5741.023 of the Revised Code. Division (A) of this section does not apply in determining the jurisdiction for which sellers are required to collect the use tax under section 5741.05 of the Revised Code. This section does not affect the obligation of a consumer to remit use taxes on the storage, use, or other consumption of tangible personal property or on the benefit realized of any service provided, to the jurisdiction of that storage, use, or consumption, or benefit realized.
(B)(1) As used in this division:
(a) "Delivery sale" means the taxable sale of tangible personal property or a service that is received by a consumer, or a donee designated by the consumer, in a taxing jurisdiction that is not the taxing jurisdiction in which the vendor has a fixed place of business.
(b) "Agreement" has the same meaning as in section 5740.01 of the Revised Code.
(c) "Governing board" has the same meaning as in section 5740.02 of the Revised Code.
(2)(a) A vendor with total delivery sales in calendar year 2005 that are less than thirty million dollars may continue to situs its sales under section 5739.035 of the Revised Code from May 1, 2006, through April 30, 2007, except that, if the tax commissioner does not enter a determination in the commissioner's journal under division (B)(2)(b) of this section, those dates shall be May 1, 2006, through December 31, 2007.
(b) On or before February 1, 2007, the tax commissioner shall determine whether certified service provider services are being provided by the governing board of the streamlined sales and use tax agreement for all delivery sales. If the commissioner determines that such services are being so provided, the commissioner shall enter the determination in the commissioner's journal and shall provide notice of the determination on the department of taxation's official internet web site. If the commissioner makes such an entry in the journal, then a vendor with total delivery sales in calendar year 2006 that are less than five million dollars may continue to situs its sales under section 5739.035 of the Revised Code from May 1, 2007, through December 31, 2007.
(3) Beginning January 1, 2008, all vendors shall source their sales under divisions (C) to (I) of this section.
(4) Once a vendor has total delivery sales that exceed the dollar amount in division (B)(2)(a) or (b) of this section, the vendor shall source its sales under divisions (C) to (I) of this section and shall continue to source its sales under those divisions, regardless of the amount of the vendor's total delivery sales in future years.
(C) Except
for sales, other than leases, of titled motor vehicles, titled
watercraft, or titled outboard motors as provided in section sections 5739.029 and
5741.05 of the Revised Code, or as otherwise provided in
this
section
and section
5739.034 of the
Revised Code,
all sales
shall be sourced as follows:
(1) If the consumer or a
donee designated by the consumer receives
tangible personal property
or a service at a vendor's
place of business, the sale
shall be sourced to that place of business.
(2)
When the tangible personal property or
service is not
received at a vendor's place of business, the sale
shall be sourced to
the location known to the vendor where
the consumer or
the donee designated by the consumer receives the
tangible personal
property or service, including the location
indicated by
instructions for delivery to the consumer or the
consumer's donee.
(3) If divisions (C)(1) and (2) of this section do not
apply, the sale shall be sourced to
the location indicated by an address for the
consumer that is
available from the vendor's business records
that are
maintained in the ordinary course of the vendor's
business, when
use of that address does not constitute bad faith.
(4) If divisions (C)(1), (2), and (3) of this section do
not
apply, the sale shall be sourced to
the location indicated by an address for the
consumer obtained
during the consummation of the sale, including
the address
associated with the consumer's payment instrument, if
no other
address is available, when use of that address does not
constitute
bad faith.
(5) If divisions (C)(1), (2), (3), and (4) of this section
do not apply, including in the circumstance where the vendor is
without sufficient information to apply any of those divisions,
the sale shall be sourced to
the
address from which tangible personal property was shipped,
or from
which the service was provided, disregarding any
location
that
merely provided the electronic transfer of the
property sold
or
service provided.
(6) As used in division (C) of this section, "receive"
means
taking possession of tangible personal property or making
first
use of a service. "Receive" does not include possession by
a
shipping company on behalf of a consumer.
(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this
section, a business consumer that is not a holder of
a direct payment permit granted under section 5739.031 of the
Revised Code, that purchases a digital good, computer software, except computer software received in person by a business consumer at a vendor's place of business, or a
service, and that knows at the time of
purchase that such digital good, software, or service will be concurrently
available for use in more than one taxing jurisdiction shall
deliver to the vendor in conjunction with its purchase an exemption certificate claiming multiple
points of use, or shall meet the requirements of division (D)(2) of this section. On receipt of the exemption certificate claiming multiple points of use, the vendor is relieved of its obligation to
collect, pay, or remit the tax due, and the business consumer must
pay the tax directly to the state.
(b) A business consumer that delivers the exemption certificate claiming multiple points of use to a vendor may use
any reasonable, consistent, and uniform method of apportioning the
tax due on the digital good, computer software, or service that is
supported by the consumer's business records as they existed at
the
time of the sale. The business consumer shall report and pay the appropriate tax to each jurisdiction where concurrent use occurs. The tax due shall be calculated as if the apportioned amount of the digital good, computer software, or service had been delivered to each jurisdiction to which the sale is apportioned under this division.
(c) The exemption certificate claiming multiple points of use shall remain
in effect for all future sales by the vendor to the business consumer until
it is revoked in writing by the business consumer, except as to the business
consumer's specific apportionment of a subsequent sale under
division (D)(1)(b) of this section and the facts existing at the time of
the sale.
(2) When the vendor knows that a digital good, computer software, or service sold will be concurrently available for use by the business consumer in more than one jurisdiction, but the business consumer does not provide an exemption certificate claiming multiple points of use as required by division (D)(1) of this section, the vendor may work with the business consumer to produce the correct apportionment. Governed by the principles of division (D)(1)(b) of this section, the vendor and business consumer may use any reasonable, but consistent and uniform, method of apportionment that is supported by the vendor's and business consumer's books and records as they exist at the time the sale is reported for purposes of the taxes levied under this chapter. If the business consumer certifies to the accuracy of the apportionment and the vendor accepts the certification, the vendor shall collect and remit the tax accordingly. In the absence of bad faith, the vendor is relieved of any further obligation to collect tax on any transaction where the vendor has collected tax pursuant to the information certified by the business consumer.
(3) When the vendor knows that the digital good, computer software, or service will be concurrently available for use in more than one jurisdiction, and the business consumer does not have a direct pay permit and does not provide to the vendor an exemption certificate claiming multiple points of use as required in division (D)(1) of this section, or certification pursuant to division (D)(2) of this section, the vendor shall collect and remit the tax based on division (C) of this section.
(4) Nothing in this section shall limit a person's obligation for sales or use tax to any state in which a digital good, computer software, or service is concurrently available for use, nor limit a person's ability under local, state, or federal law, to claim a credit for sales or use taxes legally due and paid to other jurisdictions.
(E) A person who holds a direct payment permit issued under
section 5739.031 of the Revised Code is not required to deliver an exemption certificate claiming
multiple points of use to a vendor. But such
permit holder shall comply with division (D)(2) of this section in
apportioning the tax due on a digital good, computer software, or a
service for use in business that will be concurrently available for use in more than
one taxing jurisdiction.
(F)(1) Notwithstanding divisions (C)(1) to (5) of this section, the consumer of direct mail that is not a holder of a direct payment permit shall provide to the vendor in conjunction with the sale either an exemption certificate claiming direct mail prescribed by the tax commissioner, or information to show the jurisdictions to which the direct mail is delivered to recipients.
(2) Upon receipt of such exemption certificate, the vendor is relieved of all obligations to collect, pay, or remit the applicable tax and the consumer is obligated to pay that tax on a direct pay basis. An exemption certificate claiming direct mail shall remain in effect for all future sales of direct mail by the vendor to the consumer until it is revoked in writing.
(3) Upon receipt of information from the consumer showing the jurisdictions to which the direct mail is delivered to recipients, the vendor shall collect the tax according to the delivery information provided by the consumer. In the absence of bad faith, the vendor is relieved of any further obligation to collect tax on any transaction where the vendor has collected tax pursuant to the delivery information provided by the consumer.
(4) If the consumer of direct mail does not have a direct payment permit and does not provide the vendor with either an exemption certificate claiming direct mail or delivery information as required by division (F)(1) of this section, the vendor shall collect the tax according to division (C)(5) of this section. Nothing in division (F)(4) of this section shall limit a consumer's obligation to pay sales or use tax to any state to which the direct mail is delivered.
(5) If a consumer of direct mail provides the vendor with documentation of direct payment authority, the consumer shall not be required to provide an exemption certificate claiming direct mail or delivery information to the vendor.
(G) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code, the sale shall be sourced to
the
location where the lodging is
located.
(H)(1) As used in this division and division (I) of this section, "transportation equipment" means any of the following:
(a) Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce.
(b) Trucks and truck-tractors with a gross vehicle weight rating of greater than ten thousand pounds, trailers, semi-trailers, or passenger buses that are registered through the international registration plan and are operated under authority of a carrier authorized and certificated by the United States department of transportation or another federal authority to engage in the carriage of persons or property in interstate commerce.
(c) Aircraft that are operated by air carriers authorized and certificated by the United States department of transportation or another federal authority to engage in the carriage of persons or property in interstate or foreign commerce.
(d) Containers designed for use on and component parts attached to or secured on the items set forth in division (H)(1)(a), (b), or (c) of this section.
(2) A sale, lease, or rental of transportation equipment shall be sourced pursuant to division (C) of this section.
(I)(1) A lease or rental of tangible personal property that does not require recurring periodic payments shall be sourced pursuant to division (C) of this section.
(2) A lease or rental of tangible personal property that requires recurring periodic payments shall be sourced as follows:
(a) In the case of a motor vehicle, other than a motor vehicle that is transportation equipment, or an aircraft, other than an aircraft that is transportation equipment, such lease or rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental taxed pursuant to division (A)(2) of section 5739.02 of the Revised Code shall be sourced to the primary property location at the time the lease or rental is consummated. Any subsequent taxable charges on the lease or rental shall be sourced to the primary property location for the period in which the charges are incurred.
(ii) For a lease or rental taxed pursuant to division (A)(3) of section 5739.02 of the Revised Code, each lease or rental installment shall be sourced to the primary property location for the period covered by the installment.
(b) In the case of a lease or rental of all other tangible personal property, other than transportation equipment, such lease or rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental that is taxed pursuant to division (A)(2) of section 5739.02 of the Revised Code shall be sourced pursuant to division (C) of this section at the time the lease or rental is consummated. Any subsequent taxable charges on the lease or rental shall be sourced to the primary property location for the period in which the charges are incurred.
(ii) For a lease or rental that is taxed pursuant to division (A)(3) of section 5739.02 of the Revised Code, the initial lease or rental installment shall be sourced pursuant to division (C) of this section. Each subsequent installment shall be sourced to the primary property location for the period covered by the installment.
(3) As used in division (I) of this section, "primary property location" means an address for tangible personal property provided by the lessee or renter that is available to the lessor or owner from its records maintained in the ordinary course of business, when use of that address does not constitute bad faith.
Sec. 5739.09. (A)(1) A board of county
commissioners may,
by
resolution adopted by a majority of the
members of the board,
levy an excise tax not to exceed three per
cent on transactions
by
which lodging by a hotel is or is to be
furnished to transient
guests. The board shall establish all
regulations necessary to
provide for the administration and
allocation of the tax.
The
regulations may prescribe the time for
payment of the tax, and
may
provide for the imposition of a
penalty or interest, or both, for
late
payments,
provided
that the
penalty does not exceed ten per
cent of the amount of tax due, and
the
rate at which interest
accrues does not exceed the rate per
annum prescribed
pursuant to
section 5703.47 of the Revised Code.
Except
as
provided
in
divisions (A)(2), (3), (4), and (5), (6), and (7) of
this section,
the
regulations
shall
provide, after deducting the real and actual
costs of
administering the tax, for the return to each municipal
corporation or township that does not levy an excise tax on
the
transactions, a uniform percentage of the tax collected in the
municipal corporation or in the unincorporated portion of the
township from each
transaction, not to exceed thirty-three
and
one-third per cent. The remainder of the revenue arising
from
the
tax shall be deposited in a separate fund and shall be
spent
solely to make contributions to the convention and
visitors'
bureau operating within the county, including a pledge
and
contribution of any portion of
the remainder pursuant to an
agreement authorized by section 307.695 of the Revised Code, provided that if the board of county commissioners of an eligible county as defined in section 307.695 of the Revised Code adopts a resolution amending a resolution levying a tax under this division to provide that the revenue from the tax shall be used by the board as described in division (H) of section 307.695 of the Revised Code, the remainder of the revenue shall be used as described in the resolution making that amendment.
Except as
provided
in division (A)(2), (3), (4), or (5), (6), or (7) or (H) of
this
section, on
and after May 10, 1994, a board of county
commissioners may not
levy an excise tax pursuant to this
division
in any municipal
corporation or township located wholly
or partly
within the county
that has in effect an ordinance or
resolution
levying an excise
tax pursuant to division (B) of this
section.
The board of a
county that has levied a tax under
division (C) of
this section
may, by resolution adopted within
ninety days after
July 15, 1985,
by a majority of the members of
the board, amend
the resolution
levying a tax under this division
to provide for a
portion of that
tax to be pledged and
contributed in accordance
with an agreement
entered
into under section
307.695 of the
Revised
Code. A tax,
any revenue from which is
pledged pursuant
to such
an agreement,
shall remain in effect at
the rate at which
it is
imposed for the
duration of the period
for which the revenue
from the tax has been so
pledged.
The board of county commissioners of an eligible county as defined in section 307.695 of the Revised Code may, by resolution adopted by a majority of the members of the board, amend a resolution levying a tax under this division to provide that the revenue from the tax shall be used by the board as described in division (H) of section 307.695 of the Revised Code, in which case the tax shall remain in effect at the rate at which it was imposed for the duration of any agreement entered into by the board under section 307.695 of the Revised Code, the duration during which any securities issued by the board under that section are outstanding, or the duration of the period during which the board owns a project as defined in section 307.695 of the Revised Code, whichever duration is longest.
(2) A board of county commissioners that levies an excise
tax
under division (A)(1) of this section on June 30,
1997, at a
rate of
three per cent, and that has pledged revenue from the
tax
to an agreement entered into under section 307.695 of the Revised
Code or, in the case of the board of county commissioners of an eligible county as defined in section 307.695 of the Revised Code, has amended a resolution levying a tax under division (C) of this section to provide that proceeds from the tax shall be used by the board as described in division (H) of section 307.695 of the Revised Code, may, at any time by a resolution adopted by a majority of the members of the board, amend the resolution levying a tax under division (A)(1) of this section
to provide for an
increase in the rate of that tax up to seven per cent on each
transaction; to provide that revenue from the increase in the rate
shall be used as described in division (H) of section 307.695 of the Revised Code or be
spent solely to make contributions to the convention and
visitors' bureau
operating within the county to be used
specifically for promotion,
advertising, and marketing of the
region in which the county is located; and to
provide that the rate in
excess of the three per cent levied under division
(A)(1) of this
section shall remain in effect at the rate at which it
is imposed
for the duration of the period during which any agreement is in
effect that was entered into under section 307.695 of the Revised
Code by the
board of county commissioners levying a tax under
division (A)(1) of this
section, the duration of the period during which any securities issued by the board under division (I) of section 307.695 of the Revised Code are outstanding, or the duration of the period during which the board owns a project as defined in section 307.695 of the Revised Code, whichever duration is longest. The amendment also shall provide that no portion of
that revenue need be
returned to townships or municipal
corporations as would otherwise be required
under division (A)(1)
of this section.
(3) A board of county commissioners that levies a tax under
division (A)(1) of this section on March 18, 1999, at a rate of
three per
cent may, by resolution adopted not later
than
forty-five days after March
18, 1999, amend the resolution
levying
the tax to provide for all of the following:
(a) That the rate of the tax shall be increased by not more
than
an additional four per cent on each transaction;
(b) That all of the revenue from the increase in
the rate
shall
be
pledged and contributed to a convention facilities
authority
established by
the board of county commissioners under
Chapter
351. of the
Revised Code on or before November 15, 1998,
and
used
to pay costs of constructing,
maintaining, operating, and
promoting a facility in the county, including
paying bonds, or
notes issued in anticipation of bonds, as provided by that
chapter;
(c) That no portion of the revenue arising from the increase
in
rate need be returned to municipal corporations or townships as
otherwise
required under division (A)(1) of this section;
(d) That the increase in rate shall not be subject to
diminution
by initiative or referendum or by law while any bonds,
or notes in
anticipation of bonds, issued by the authority under
Chapter 351. of
the Revised Code to which the revenue is pledged,
remain
outstanding in accordance with their terms, unless
provision is made by law or
by the board of county commissioners
for an adequate substitute therefor that
is satisfactory to the
trustee if a trust agreement secures the bonds.
Division (A)(3) of this
section does not apply to the board
of county commissioners of
any county in which a convention center
or facility exists or is
being constructed on November
15, 1998,
or of any county in which a convention facilities
authority levies
a tax pursuant to section 351.021 of the
Revised Code on that
date.
As used in division (A)(3) of this section,
"cost" and
"facility"
have the same meanings as in section 351.01 of the
Revised
Code, and
"convention center" has the same meaning as in
section
307.695 of the Revised Code.
(4) A board of county commissioners that levies a tax under
division (A)(1) of this section on June 30, 2002, at a rate of
three per cent may, by resolution adopted not later than September
30, 2002, amend the resolution levying the tax to provide for all
of the following:
(a) That the rate of the tax shall be increased by not more
than an additional three and one-half per cent on each
transaction;
(b) That all of the revenue from the increase in rate shall
be pledged and contributed to a convention facilities authority
established by the board of county commissioners under Chapter
351. of the Revised Code on or before May 15, 2002, and be used to
pay costs of constructing, expanding, maintaining, operating, or
promoting a convention center in the county, including paying
bonds, or notes issued in anticipation of bonds, as provided by
that chapter;
(c) That no portion of the revenue arising from the increase
in rate need be returned to municipal corporations or townships as
otherwise required under division (A)(1) of this section;
(d) That the increase in rate shall not be subject to
diminution by initiative or referendum or by law while any bonds,
or notes in anticipation of bonds, issued by the authority under
Chapter 351. of the Revised Code to which the revenue is pledged,
remain outstanding in accordance with their terms, unless
provision is made by law or by the board of county commissioners
for an adequate substitute therefor that is satisfactory to the
trustee if a trust agreement secures the bonds.
As used in division (A)(4) of this section, "cost" has the
same meaning as in section 351.01 of the Revised Code, and
"convention center" has the same meaning as in section 307.695 of
the Revised Code.
(5)(a) As used in division (A)(5) of this section:
(i) "Port authority" means a port authority created under Chapter 4582. of the Revised Code.
(ii) "Port authority military-use facility" means port authority facilities on which or adjacent to which is located an installation of the armed forces of the United States, a reserve component thereof, or the national guard and at least part of which is made available for use, for consideration, by the armed forces of the United States, a reserve component thereof, or the national guard.
(b) For the purpose of contributing revenue to pay operating expenses of a port authority that operates a port authority military-use facility, the board of county commissioners of a county that created, participated in the creation of, or has joined such a port authority may do one or both of the following:
(i) Amend a resolution previously adopted under division (A)(1) of this section to designate some or all of the revenue from the tax levied under the resolution to be used for that purpose, notwithstanding that division;
(ii) Amend a resolution previously adopted under division (A)(1) of this section to increase the rate of the tax by not more than an additional two per cent and use the revenue from the increase exclusively for that purpose.
(c) If a board of county commissioners amends a resolution to increase the rate of a tax as authorized in division (A)(5)(b)(ii) of this section, the board also may amend the resolution to specify that the increase in rate of the tax does not apply to "hotels," as otherwise defined in section 5739.01 of the Revised Code, having fewer rooms used for the accommodation of guests than a number of rooms specified by the board.
(6) A board of county commissioners of a county organized under a county charter adopted pursuant to Article X, Section 3, Ohio Constitution, and that levies an excise tax under division (A)(1) of this section at a rate of three per cent and levies an additional excise tax under division (E) of this section at a rate of one and one-half per cent may, by resolution adopted not later than January 1, 2008, by a majority of the members of the board, amend the resolution levying a tax under division (A)(1) of this section to provide for an increase in the rate of that tax by not more than an additional one per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. Notwithstanding divisions (A)(1) and (E) of this section, the resolution shall provide that all of the revenue from the increase in rate, after deducting the real and actual costs of administering the tax, shall be used to pay the costs of improving, expanding, equipping, financing, or operating a convention center by a convention and visitors' bureau in the county. The increase in rate shall remain in effect for the period specified in the resolution, not to exceed ten years. The increase in rate shall be subject to the regulations adopted under division (A)(1) of this section, except that the resolution may provide that no portion of the revenue from the increase in the rate shall be returned to townships or municipal corporations as would otherwise be required under that division.
(7) Division (A)(7) of this section applies only to a county with a population greater than sixty-five thousand and less than seventy thousand according to the most recent federal decennial census and in which, on December 31, 2006, an excise tax is levied under division (A)(1) of this section at a rate not less than and not greater than three per cent, and in which the most recent increase in the rate of that tax was enacted or took effect in November 1984.
The board of county commissioners of a county to which this division applies, by resolution adopted by a majority of the members of the board, may increase the rate of the tax by not more than one per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. The increase in rate shall be for the purpose of paying expenses deemed necessary by the convention and visitors' bureau operating in the county to promote travel and tourism. The increase in rate shall remain in effect for the period specified in the resolution, not to exceed twenty years, provided that the increase in rate may not continue beyond the time when the purpose for which the increase is levied ceases to exist. If revenue from the increase in rate is pledged to the payment of debt charges on securities, the increase in rate is not subject to diminution by initiative or referendum or by law for so long as the securities are outstanding, unless provision is made by law or by the board of county commissioners for an adequate substitute for that revenue that is satisfactory to the trustee if a trust agreement secures payment of the debt charges. The increase in rate shall be subject to the regulations adopted under division (A)(1) of this section, except that the resolution may provide that no portion of the revenue from the increase in the rate shall be returned to townships or municipal corporations as would otherwise be required under division (A)(1) of this section. A resolution adopted under division (A)(7) of this section is subject to referendum under sections 305.31 to 305.99 of the Revised Code.
(B)(1) The legislative authority of a municipal corporation
or
the board of trustees of a township that is not wholly or
partly
located in a county that has in effect a resolution
levying
an
excise tax pursuant to division (A)(1) of this section
may, by
ordinance or resolution, levy an excise tax not to exceed
three
per
cent on transactions by which lodging by a hotel is or
is to
be
furnished to transient guests. The legislative
authority of
the
municipal corporation or
the board of trustees of the township
shall deposit
at least fifty per
cent of the revenue from the tax
levied
pursuant to this division
into a separate fund, which shall
be
spent solely to make
contributions to convention and visitors'
bureaus operating within
the county in which the municipal
corporation or township is
wholly or partly located, and the
balance of
that revenue shall be
deposited in the general
fund.
The municipal corporation or
township shall establish all
regulations necessary to provide for
the administration and
allocation of the tax.
The
regulations may
prescribe the time for
payment of the tax, and
may provide for the
imposition of a
penalty or interest, or both, for late
payments,
provided
that the
penalty does not exceed ten per cent of the
amount of tax due, and
the
rate at which interest accrues does not
exceed the rate per
annum prescribed
pursuant to section 5703.47
of the Revised Code.
The levy of a tax
under this division is
in
addition to any tax
imposed on the same
transaction by a
municipal
corporation or a
township as authorized
by division
(A) of
section
5739.08 of the
Revised Code.
(2) The legislative authority of the most populous
municipal
corporation located wholly or partly in a county in
which the
board of county commissioners has levied a tax under
division
(A)(4) of this section may amend, on or before September 30, 2002,
that municipal
corporation's ordinance or resolution that levies
an excise tax on
transactions by which lodging by a hotel is or is
to be furnished
to transient guests, to provide for all of the
following:
(a) That the rate of the tax shall be increased by not more
than an additional one per cent on each transaction;
(b) That all of the revenue from the increase in rate shall
be pledged and contributed to a convention facilities authority
established by the board of county commissioners under Chapter
351. of the Revised Code on or before May 15, 2002, and be used
to
pay costs of constructing, expanding, maintaining, operating,
or
promoting a convention center in the county, including paying
bonds, or notes issued in anticipation of bonds, as provided by
that chapter;
(c) That the increase in rate shall not be subject to
diminution by initiative or referendum or by law while any bonds,
or notes in anticipation of bonds, issued by the authority under
Chapter 351. of the Revised Code to which the revenue is pledged,
remain outstanding in accordance with their terms, unless
provision is made by law, by the board of county commissioners, or
by the
legislative authority, for an adequate substitute therefor
that is satisfactory to the
trustee if a trust agreement secures
the bonds.
As used in division (B)(2) of this section, "cost" has the
same meaning as in section 351.01 of the Revised Code, and
"convention center" has the same meaning as in section 307.695 of
the Revised Code.
(C) For the purposes described in
section 307.695 of the Revised Code and to cover the costs of
administering the tax, a board of county commissioners of a
county
where a tax imposed under division (A)(1) of this section is
in
effect may, by resolution adopted within ninety days after
July
15, 1985, by a majority of the members of
the board, levy an
additional excise tax not to exceed three per
cent on transactions
by which lodging by a hotel is or is to be
furnished to transient
guests. The tax authorized by this
division shall be in addition
to any tax that is levied pursuant
to division (A) of this
section, but it shall not apply to
transactions subject to a tax
levied by a municipal corporation
or township pursuant to the
authorization granted by division
(A) of section
5739.08 of the
Revised Code. The board shall
establish all
regulations necessary
to provide for the
administration and
allocation of the tax.
The
regulations may prescribe the time for
payment of the tax, and
may
provide for the imposition of a
penalty or interest, or both, for
late
payments,
provided
that the
penalty does not exceed ten per
cent of the amount of tax due, and
the
rate at which interest
accrues does not exceed the rate per
annum prescribed
pursuant to
section 5703.47 of the Revised Code.
All
revenues arising
from
the
tax shall be expended in accordance
with
section 307.695
of
the
Revised Code. The board of county commissioners of an eligible county as defined in section 307.695 of the Revised Code may, by resolution adopted by a majority of the members of the board, amend the resolution levying a tax under this division to provide that the revenue from the tax shall be used by the board as described in division (H) of section 307.695 of the Revised Code. A tax imposed under
this
division shall
remain
in
effect at the rate at which it is
imposed
for the
duration of
the
period during which any agreement entered into by the board under section 307.695 of the Revised Code is in effect, the duration of the period during which any securities issued by the board under division (I) of section 307.695 of the Revised Code are outstanding, or the duration of the period during which the board owns a project as defined in section 307.695 of the Revised Code, whichever duration is longest.
(D) For the purpose of providing contributions under
division (B)(1) of section 307.671 of the Revised Code to enable
the acquisition, construction, and equipping of a port authority
educational and cultural facility in the county and, to the
extent
provided for in the cooperative agreement authorized by
that
section, for the purpose of paying debt service charges on
bonds,
or notes in anticipation
of bonds, described in division
(B)(1)(b)
of that section, a board of county commissioners, by
resolution
adopted within ninety days after December 22,
1992, by
a majority
of the members of the board, may
levy an additional
excise tax not
to exceed one and one-half per
cent on transactions
by which
lodging by a hotel is or is to be
furnished to transient
guests.
The excise tax authorized by this
division shall be in
addition to
any tax that is levied pursuant
to divisions (A), (B),
and (C) of
this section, to any excise tax
levied pursuant to
section
5739.08 of the Revised
Code, and to any excise tax
levied
pursuant
to section 351.021 of
the Revised Code. The board
of
county
commissioners shall
establish all regulations necessary
to
provide
for the
administration and allocation of the tax that
are
not
inconsistent with this section or section 307.671 of the
Revised
Code.
The
regulations may prescribe the time for payment
of the
tax, and
may provide for the imposition of a penalty or
interest,
or both, for late
payments,
provided
that the penalty
does not
exceed ten per cent of the amount of tax due, and
the
rate at
which interest accrues does not exceed the rate per annum
prescribed
pursuant to section 5703.47 of the Revised Code. All
revenues arising from the tax shall be expended
in
accordance with
section 307.671 of the Revised Code and
division
(D) of this
section. The levy of a tax imposed under
this
division
may not
commence prior to the first day of the month
next
following the
execution of the cooperative agreement
authorized
by
section
307.671 of the Revised Code by all parties
to that
agreement.
The
tax shall remain in effect at the rate at
which
it is imposed
for
the period of time described in division
(C) of
section
307.671 of
the Revised Code for which the revenue
from
the tax has
been
pledged by the county to the corporation
pursuant to
that
section,
but, to any extent provided for in
the
cooperative
agreement, for
no lesser period than the period of
time required
for payment of
the debt service charges on bonds,
or
notes in
anticipation
of bonds, described in division
(B)(1)(b)
of
that
section.
(E) For the purpose of paying the costs of acquiring,
constructing, equipping, and improving a municipal educational
and
cultural facility, including debt service charges on bonds
provided for in division (B) of section 307.672 of the Revised
Code, and for
any additional purposes
determined by
the
county
in the resolution levying the tax or amendments
to the
resolution,
including subsequent amendments providing for
paying
costs of
acquiring,
constructing, renovating,
rehabilitating,
equipping,
and improving a port
authority
educational and cultural
performing
arts facility, as defined in
section 307.674 of the
Revised Code,
and
including debt service
charges on bonds provided
for in
division
(B) of section 307.674
of the Revised Code, the
legislative
authority of a county, by
resolution adopted
within
ninety days
after June 30, 1993, by a
majority of the members of
the
legislative authority, may levy an
additional excise tax not
to
exceed one
and one-half per cent on
transactions by which
lodging
by a hotel
is or is to be furnished
to transient guests.
The
excise tax
authorized by this division
shall be in addition to
any
tax that
is levied pursuant to
divisions (A), (B), (C), and
(D) of
this
section, to any excise
tax levied pursuant to
section
5739.08 of the Revised Code, and
to any excise tax
levied
pursuant
to section 351.021 of the
Revised Code. The
legislative
authority
of the county shall
establish all
regulations necessary
to provide
for the
administration and
allocation of the tax.
The
regulations
may
prescribe the time for
payment of the tax, and
may
provide for
the
imposition of a
penalty or interest, or both, for
late
payments,
provided
that the
penalty does not exceed ten per
cent
of the
amount of tax due, and
the
rate at which interest
accrues
does not
exceed the rate per
annum prescribed
pursuant to
section
5703.47
of the Revised Code.
All
revenues arising from the
tax
shall be
expended in accordance
with
section 307.672 of the
Revised Code
and
this division. The levy of a tax
imposed
under
this division shall not
commence prior to the first
day of
the
month next following the
execution of the cooperative
agreement
authorized by section
307.672 of the Revised Code by all
parties
to that agreement.
The
tax shall remain in effect at
the
rate at
which it is
imposed for
the period of time determined
by
the
legislative
authority of the
county, but. That period of time shall not to exceed
fifteen
years, except that the legislative authority of a county with a population of less than two hundred fifty thousand according to the most recent federal decennial census, by resolution adopted by a majority of its members before the original tax expires, may extend the duration of the tax for an additional period of time. The additional period of time by which a legislative authority extends a tax levied under this division shall not exceed fifteen years.
(F) The legislative authority of a county that has levied a
tax
under division (E) of this section may, by resolution adopted
within
one hundred eighty days after
January 4, 2001, by a
majority of the members of the
legislative
authority, amend the
resolution levying a tax under
that
division
to
provide for the
use of the
proceeds of that
tax, to the extent
that it is no
longer needed
for its original
purpose as
determined
by the
parties to a
cooperative agreement
amendment pursuant to
division
(D) of
section 307.672 of the
Revised Code, to pay costs
of
acquiring,
constructing, renovating,
rehabilitating, equipping,
and improving
a port
authority
educational and cultural performing
arts
facility, including debt
service charges on bonds provided
for in
division (B) of section
307.674 of the Revised Code, and to
pay
all obligations under any
guaranty agreements,
reimbursement
agreements, or other credit
enhancement agreements described in
division (C) of section
307.674 of the Revised Code. The
resolution may also
provide
for
the extension of the tax at
the
same rate for the longer of the
period of time determined by the
legislative authority of the
county, but not to exceed an
additional
twenty-five years, or the
period of time required to
pay all debt service
charges on bonds
provided for in division (B)
of section 307.672 of the Revised
Code
and on port authority
revenue bonds provided for in division
(B) of
section 307.674 of
the Revised Code. All revenues arising
from the amendment and
extension
of the tax shall be expended in
accordance with section
307.674 of the Revised Code, this division, and
division
(E)
of
this
section.
(G) For purposes of a tax levied by a county, township, or
municipal corporation under this section or
section
5739.08 of
the Revised Code, a board of county
commissioners, board of
township
trustees,
or
the legislative
authority of a municipal
corporation
may adopt a resolution or
ordinance at any time
specifying that
"hotel," as otherwise
defined in
section 5739.01
of the Revised
Code, includes
establishments in which fewer than
five rooms
are
used for the
accommodation of guests. The
resolution or ordinance
may
apply to
a tax imposed pursuant to
this section prior to the
adoption of
the
resolution or ordinance
if the resolution or
ordinance so
states, but the tax
shall not
apply to transactions
by which
lodging by such an establishment is
provided to transient
guests
prior to the adoption of the
resolution or
ordinance.
(H)(1) As used in this division:
(a) "Convention facilities authority" has the same meaning as in section 351.01 of the Revised Code.
(b) "Convention center" has the same meaning as in section 307.695 of the Revised Code.
(2) Notwithstanding any contrary provision of division (D) of this section, the legislative authority of a county with a population of one million or more according to the most recent federal decennial census that has levied a tax under division (D) of this section may, by resolution adopted by a majority of the members of the legislative authority, provide for the extension of such levy and may provide that the proceeds of that tax, to the extent that they are no longer needed for their original purpose as defined by a cooperative agreement entered into under section 307.671 of the Revised Code, shall be deposited into the county general revenue fund. The resolution shall provide for the extension of the tax at a rate not to exceed the rate specified in division (D) of this section for a period of time determined by the legislative authority of the county, but not to exceed an additional forty years.
(3) The legislative authority of a county with a population of one million or more that has levied a tax under division (A)(1) of this section may, by resolution adopted by a majority of the members of the legislative authority, increase the rate of the tax levied by such county under division (A)(1) of this section to a rate not to exceed five per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. Notwithstanding any contrary provision of division (A)(1) of this section, the resolution may provide that all collections resulting from the rate levied in excess of three per cent, after deducting the real and actual costs of administering the tax, shall be deposited in the county general fund.
(4) The legislative authority of a county with a population of one million or more that has levied a tax under division (A)(1) of this section may, by resolution adopted on or before August 30, 2004, by a majority of the members of the legislative authority, provide that all or a portion of the proceeds of the tax levied under division (A)(1) of this section, after deducting the real and actual costs of administering the tax and the amounts required to be returned to townships and municipal corporations with respect to the first three per cent levied under division (A)(1) of this section, shall be deposited in the county general fund, provided that such proceeds shall be used to satisfy any pledges made in connection with an agreement entered into under section 307.695 of the Revised Code.
(5) No amount collected from a tax levied, extended, or required to be deposited in the county general fund under division (H) of this section shall be contributed to a convention facilities authority, corporation, or other entity created after July 1, 2003, for the principal purpose of constructing, improving, expanding, equipping, financing, or operating a convention center unless the mayor of the municipal corporation in which the convention center is to be operated by that convention facilities authority, corporation, or other entity has consented to the creation of that convention facilities authority, corporation, or entity. Notwithstanding any contrary provision of section 351.04 of the Revised Code, if a tax is levied by a county under division (H) of this section, the board of county commissioners of that county may determine the manner of selection, the qualifications, the number, and terms of office of the members of the board of directors of any convention facilities authority, corporation, or other entity described in division (H)(5) of this section.
(6)(a) No amount collected from a tax levied, extended, or required to be deposited in the county general fund under division (H) of this section may be used for any purpose other than paying the direct and indirect costs of constructing, improving, expanding, equipping, financing, or operating a convention center and for the real and actual costs of administering the tax, unless, prior to the adoption of the resolution of the legislative authority of the county authorizing the levy, extension, increase, or deposit, the county and the mayor of the most populous municipal corporation in that county have entered into an agreement as to the use of such amounts, provided that such agreement has been approved by a majority of the mayors of the other municipal corporations in that county. The agreement shall provide that the amounts to be used for purposes other than paying the convention center or administrative costs described in division (H)(6)(a) of this section be used only for the direct and indirect costs of capital improvements, including the financing of capital improvements.
(b) If the county in which the tax is levied has an association of mayors and city managers, the approval of that association of an agreement described in division (H)(6)(a) of this section shall be considered to be the approval of the majority of the mayors of the other municipal corporations for purposes of that division.
(7) Each year, the auditor of state shall conduct an audit of the uses of any amounts collected from taxes levied, extended, or deposited under division (H) of this section and shall prepare a report of the auditor of state's findings. The auditor of state shall submit the report to the legislative authority of the county that has levied, extended, or deposited the tax, the speaker of the house of representatives, the president of the senate, and the leaders of the minority parties of the house of representatives and the senate.
(I)(1) As used in this division:
(a) "Convention facilities authority" has the same meaning as in section 351.01 of the Revised Code.
(b) "Convention center" has the same meaning as in section 307.695 of the Revised Code.
(2) Notwithstanding any contrary provision of division (D) of this section, the legislative authority of a county with a population of one million two hundred thousand or more according to the most recent federal decennial census or the most recent annual population estimate published or released by the United States census bureau at the time the resolution is adopted placing the levy on the ballot, that has levied a tax under division (D) of this section may, by resolution adopted by a majority of the members of the legislative authority, provide for the extension of such levy and may provide that the proceeds of that tax, to the extent that the proceeds are no longer needed for their original purpose as defined by a cooperative agreement entered into under section 307.671 of the Revised Code and after deducting the real and actual costs of administering the tax, shall be used for paying the direct and indirect costs of constructing, improving, expanding, equipping, financing, or operating a convention center. The resolution shall provide for the extension of the tax at a rate not to exceed the rate specified in division (D) of this section for a period of time determined by the legislative authority of the county, but not to exceed an additional forty years.
(3) The legislative authority of a county with a population of one million two hundred thousand or more that has levied a tax under division (A)(1) of this section may, by resolution adopted by a majority of the members of the legislative authority, increase the rate of the tax levied by such county under division (A)(1) of this section to a rate not to exceed five per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. Notwithstanding any contrary provision of division (A)(1) of this section, the resolution shall provide that all collections resulting from the rate levied in excess of three per cent, after deducting the real and actual costs of administering the tax, shall be used for paying the direct and indirect costs of constructing, improving, expanding, equipping, financing, or operating a convention center.
(4) The legislative authority of a county with a population of one million two hundred thousand or more that has levied a tax under division (A)(1) of this section may, by resolution adopted on or before July 1, 2008, by a majority of the members of the legislative authority, provide that all or a portion of the proceeds of the tax levied under division (A)(1) of this section, after deducting the real and actual costs of administering the tax and the amounts required to be returned to townships and municipal corporations with respect to the first three per cent levied under division (A)(1) of this section, shall be used to satisfy any pledges made in connection with an agreement entered into under section 307.695 of the Revised Code or shall otherwise be used for paying the direct and indirect costs of constructing, improving, expanding, equipping, financing, or operating a convention center.
(5) Any amount collected from a tax levied or extended under division (I) of this section may be contributed to a convention facilities authority created before July 1, 2005, but no amount collected from a tax levied or extended under division (I) of this section may be contributed to a convention facilities authority, corporation, or other entity created after July 1, 2005, unless the mayor of the municipal corporation in which the convention center is to be operated by that convention facilities authority, corporation, or other entity has consented to the creation of that convention facilities authority, corporation, or entity.
Sec. 5739.12. (A)
Each person who has or is required to have a
vendor's
license, on or before the twenty-third day of each
month,
shall
make and file a return for the preceding month, on
forms
prescribed by the tax commissioner, and shall pay the tax
shown on
the return to be due. The commissioner may require a vendor that operates from multiple locations or has multiple vendor's licenses to report all tax liabilities on one consolidated return. The return shall show the amount
of tax due
from the vendor to the state for the period covered by
the return
and such other information as the commissioner deems
necessary for
the proper administration of this chapter. The
commissioner may
extend the time for making and filing returns
and paying the tax,
and may require that the return for the last
month of any annual
or semiannual period, as determined by the
commissioner, be a
reconciliation return detailing the vendor's
sales activity for
the preceding annual or semiannual period.
The reconciliation
return shall be filed by the last day of the
month following the
last month of the annual or semiannual
period. The commissioner
may remit all or any part of amounts or
penalties
that may
become
due under this chapter and may adopt
rules relating
thereto. Such
return shall be filed by mailing
it to the
tax
commissioner,
together with payment of the
amount of tax
shown to
be due thereon
after deduction of any
discount provided
for under
this section.
Remittance shall be made payable to the
treasurer of
state. The
return shall be
considered filed when
received by the
tax
commissioner, and the
payment shall be considered made when
received by the
tax commissioner or when credited to an account
designated
by the
treasurer of state
or the tax commissioner.
(B)(1) If the return
is filed and the amount of tax
shown thereon to
be due is paid on
or before the date such return
is required to be
filed, the vendor
shall be entitled to the following a
discount of:
(1)(a) On and after July 1, 2005, and on and before June 30, 2007, nine-tenths of one per cent of the amount shown to be due on the return;
(2)(b) On and after July 1, 2007, three-fourths
of one per cent
of the amount shown to
be due on the return.
(2) A
vendor that has selected a certified service provider as its agent
shall not be entitled to the discount if the certified service provider receives a monetary allowance pursuant to section 5739.06 of the Revised Code for performing the vendor's sales and use tax functions in this state. Amounts paid to the
clerk
of courts
pursuant to section 4505.06 of the Revised Code
shall be
subject
to the applicable discount.
The
discount shall be in
consideration for prompt payment to the
clerk
of courts and for
other services performed by the vendor in
the
collection of the
tax.
(C)(1) Upon application to the commissioner, a vendor who is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
tax
commissioner payment of
not
less than an amount determined by the
commissioner to be the
average monthly tax liability of the
vendor, based upon a review
of the returns or other information
pertaining to such vendor for
a period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed by
mailing
or delivering
it to the
tax commissioner,
together with payment
of the amount of tax
shown to be due
thereon after deduction of
any discount provided
in this section.
Remittance shall be made
payable to the treasurer
of state.
Failure of a vendor to comply
with any of the above
conditions
may result in immediate
reinstatement of the
requirement of
reporting and paying the
actual tax liability on
each monthly
return, and the commissioner
may at the
commissioner's
discretion deny the vendor the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be the average monthly tax
liability of a vendor
may be adjusted, based upon a review of the
returns or other
information pertaining to the vendor for a
period of not less than
six months nor more than two years
preceding such adjustment.
(2) The commissioner may authorize vendors whose tax liability
is
not such as to merit monthly returns, as
ascertained by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount provided in this section in consideration for
prompt payment
with the return, provided the return is filed
together with
payment of the amount of tax shown to be due
thereon, at the time
specified by the commissioner, but a vendor that has selected a
certified service provider as its agent shall not be entitled to
the discount.
(D) Any vendor who fails to
file a
return or pay the full amount
of the tax shown on the
return to
be due under this section and
the rules of the
commissioner
may, for each such return the vendor
fails to file or
each
such tax the vendor fails to pay in full as
shown on the
return within the period
prescribed by this section
and the rules
of the commissioner,
be required to forfeit and pay
into the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the imposition
and remission of
the additional charge.
(E) If the amount required to be collected by a vendor from
consumers is in excess of the applicable percentage of the vendor's
receipts
from
sales
that are taxable under section 5739.02 of the
Revised
Code, or in the case of sales subject to a tax levied
pursuant to
section 5739.021, 5739.023, or 5739.026 of the Revised
Code, in
excess of the percentage equal to the aggregate rate of
such
taxes
and the tax levied by section 5739.02 of the Revised
Code,
such
excess shall be remitted along with the remittance of
the
amount
of tax due under section 5739.10 of the Revised Code.
(F) The commissioner, if the commissioner deems it necessary in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods. The returns shall be signed by the vendor or the
vendor's authorized agent.
(G) Any vendor required to file a return and pay the tax under
this section, whose total payment equals or
exceeds the
amount shown in division (A) of section 5739.122 of the Revised Code, shall make each payment
required by
this section in the second ensuing and each
succeeding year by
electronic funds transfer as prescribed by, and on or before the dates specified in,
section 5739.122 of the
Revised Code, except as otherwise
prescribed by that section. For a vendor that operates from multiple locations or has multiple vendor's licenses, in determining whether the vendor's total payment equals or exceeds the amount shown in division (A) of that section, the vendor's total payment amount shall be the amount of the vendor's total tax liability for the previous calendar year for all of the vendor's locations or licenses.
Sec. 5739.122. (A) If the total amount of tax required to
be paid by a vendor under section 5739.12 of the Revised Code for
any calendar year equals or
exceeds seventy-five thousand dollars, the
vendor shall remit each monthly tax payment in the second ensuing
and each succeeding tax year by electronic funds transfer as
prescribed by divisions (B) and (C) of this section.
If a vendor's tax payment for each of two consecutive years
is less than
seventy-five thousand dollars,
the vendor is relieved of the requirement to remit taxes by
electronic funds transfer for the year that next follows the
second of the consecutive years in which the tax payment is less
than that amount, and is relieved of that
requirement for each succeeding year, unless the tax payment in a
subsequent year equals or exceeds seventy-five thousand
dollars.
The tax commissioner shall notify each vendor required to
remit taxes by electronic funds transfer of the vendor's
obligation to do so, shall maintain an updated list of those
vendors, and shall timely certify the list and any additions
thereto or deletions therefrom to the treasurer of state.
Failure by the tax commissioner to notify a vendor subject to
this section to remit taxes by electronic funds transfer does not
relieve the vendor of its obligation to remit taxes by electronic
funds transfer.
(B) Vendors required by division (A) of this section to
remit payments by electronic funds transfer shall remit such
payments to the treasurer of state in the manner prescribed by this section and
rules adopted by the treasurer of state under section 113.061 of the
Revised Code, and on or before the following dates as follows:
(1) On or before the fifteenth day of each month, a vendor shall remit an amount equal to the taxes collected during the first eleven days of the month. On or before the twenty-fifth day of each month, a vendor shall remit an amount equal to the taxes collected on the twelfth through the twenty-first day of the month.
(2) In lieu of remitting the actual amounts collected for the periods specified in division (B)(1) of this section, a vendor may, on or before each of the fifteenth and twenty-fifth days of each month, remit an amount equal to thirty-seven and one-half per cent of the vendor's total tax liability for the same month in the preceding calendar year.
(3) On or before the twenty-third day of each month, a vendor shall remit an amount equal to seventy-five per cent of the anticipated tax liability for that month.
(2) On or before the twenty-third day of each month, a vendor shall report the taxes collected for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1) or (2) of this section.
The payment of taxes by electronic
funds transfer does not affect a vendor's obligation to file the
monthly return as required under section 5739.12 of the Revised
Code.
(C) A vendor required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the vendor from
remittance by electronic funds transfer for good cause shown for
the period of time requested by the vendor or for a portion of
that period. The treasurer of state shall notify the tax commissioner and
the vendor of the treasurer of state's decision as soon as is practicable.
(D)(1)(a) If a vendor that is required to remit payments under division (B) of this section fails to make a payment, or makes a payment under division (B)(1) of this section that is less than seventy-five per cent of the actual liability for that month, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(b) Division (D)(1)(a) of this section does not apply if the vendor's payment under division (B)(1) of this section is equal to or greater than seventy-five per cent of the vendor's reported liability for the same month in the immediately preceding calendar year.
(2) If a vendor required by this section to remit taxes by
electronic funds transfer remits those taxes by some means other
than by electronic funds transfer as prescribed by this section
and the rules adopted by the treasurer of state, and the
treasurer of state determines that such failure was not due to reasonable
cause or was due to willful neglect, the treasurer of state shall notify
the tax commissioner of the failure to remit by electronic funds
transfer and shall provide the commissioner with any information
used in making that determination. The tax commissioner may
impose an additional charge not to exceed the lesser of five per cent of the amount of the
taxes required to be paid by electronic funds transfer or five thousand dollars.
(3) Any additional charge imposed
under division (D)(1) or (2) of this section is in addition to any other penalty or charge
imposed under this chapter, and shall be considered as revenue
arising from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code. The tax
commissioner may waive all or a portion of such a charge and may
adopt rules governing such waiver.
No additional charge shall be imposed under division (D)(2) of this section
against a vendor that has been notified of its obligation to
remit taxes under this section and that remits its first two tax
payments after such notification by some means other than
electronic funds transfer. The additional charge may be imposed
upon the remittance of any subsequent tax payment that the vendor
remits by some means other than electronic funds transfer.
Sec. 5739.124. (A) If required by the tax commissioner, a person required to make payments by electronic funds transfer under section 5739.032 or 5739.122 of the Revised Code shall file all returns and reports electronically. The commissioner may require the person to use the Ohio business gateway, as defined in section 718.051 of the Revised Code, or any other electronic means, to file the returns and reports, or to remit the tax, in lieu of the manner prescribed by the treasurer of state under sections 5739.032 and 5739.122 of the Revised Code.
(B) A person required under this section to file reports and returns electronically may apply to the commissioner to be excused from that requirement. Applications shall be made on a form prescribed by the commissioner. The commissioner may approve the application for good cause.
(C)(1) If a person required to file a report or return electronically under this section fails to do so, the commissioner may impose an additional charge not to exceed the following:
(a) For each of the first two failures, five per cent of the amount required to be reported on the report or return;
(b) For the third and any subsequent failure, ten per cent of the amount required to be reported on the report or return.
(2) The charges authorized under division (C)(1) of this section are in addition to any other charge or penalty authorized under this chapter, and shall be considered as revenue arising from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5739.13 of the Revised Code. The commissioner may waive all or a portion of such a charge and may adopt rules governing such waiver.
Sec. 5739.21. (A) Four and two-tenths One hundred per cent of all
money deposited into the state treasury under sections 5739.01 to
5739.31 of the Revised Code and not required to be distributed as
provided in section 5739.102 of the Revised Code or division (B)
of this section shall be credited to the local government fund
for distribution in accordance with section 5747.50 of the
Revised Code, six-tenths of one per cent
shall be credited to the local
government revenue assistance fund for distribution in accordance with section
5747.61 of the Revised Code, and ninety-five and two-tenths per cent shall be
credited to the general revenue fund.
(B)(1) In any case where any county or transit authority has
levied a tax or taxes pursuant to section 5739.021, 5739.023, or
5739.026 of the Revised Code, the tax commissioner shall, within
forty-five days after the end of each month, determine and
certify to the director of budget and management the amount of
the proceeds of such tax or taxes
received during that month from billings and assessments, or associated with tax returns or reports filed during that month, to be returned to the county or transit
authority levying the tax or taxes. The amount to be returned to
each county and transit authority shall be a fraction of the
aggregate amount of money collected with respect to each area in
which one or more of such taxes are concurrently in effect with
the tax levied by section 5739.02 of the Revised Code. The
numerator of the fraction is the rate of the tax levied by the county or
transit authority and the denominator of the fraction is the aggregate
rate of such taxes applicable to such area. The amount to be returned to each county or transit authority shall be reduced by the amount of any refunds of county or transit authority tax paid pursuant to section 5739.07 of the Revised Code during the same month, or transfers made pursuant to division (B)(2) of section 5703.052 of the Revised Code.
(2) On a periodic basis, using the best information available, the tax commissioner shall distribute any amount of a county or transit authority tax that cannot be distributed under division (B)(1) of this section. Through audit or other means, the commissioner shall attempt to obtain the information necessary to make the distribution as provided under that division and, on receipt of that information, shall make adjustments to distributions previously made under this division.
(C) The
aggregate amount to be returned to any county or transit
authority shall be reduced by one per cent, which shall be
certified directly to the credit of the local sales tax
administrative fund, which is hereby created in the state
treasury. For the purpose of determining the amount to be returned to a
county and transit authority in which the rate of tax imposed by the transit
authority has been reduced under section
5739.028 of the Revised Code, the tax commissioner
shall use the respective rates of tax imposed by the county or transit
authority that results from the change in the rates authorized
under that section.
(D) The director of budget and management
shall transfer,
from the same funds and in the same proportions specified in
division (A) of this section, to the permissive tax distribution
fund created by division (B)(1) of section 4301.423 of the
Revised Code and to the local sales tax administrative fund, the
amounts certified by the tax commissioner. The tax commissioner
shall then, on or before the twentieth day of the month in which
such certification is made, provide for payment of such
respective amounts to the county treasurer and to the fiscal
officer of the transit authority levying the tax or taxes. The
amount transferred to the local sales tax administrative fund is
for use by the tax commissioner in defraying costs incurred in
administering such taxes levied by a county or transit authority.
Sec. 5739.213. Notwithstanding section 5739.21 or 5741.03 of the Revised Code, of the revenue collected from the tax due under division (A) of section 5739.029 of the Revised Code, an amount equal to one-half per cent of the price of each transaction subject to taxation under that division shall be distributed to the county where the sale is sitused as provided in section 5739.035 of the Revised Code. The amount to be so distributed to each county shall be credited to the funds of the county as provided by divisions (A) and (B) of section 5739.211 of the Revised Code.
Sec. 5741.02. (A)(1) For the use of the general revenue fund
of the state, an excise tax is hereby levied on the storage, use,
or other consumption in this state of tangible personal property
or the benefit realized in this state of any service provided.
The
tax shall be collected as provided in section
5739.025 of the Revised Code, provided that on and after July 1, 2003, and on or before June 30, 2005, the rate of the tax shall be six per cent. On and after July 1, 2005, the rate of the tax shall be five and one-half per cent.
(2) In the case of the lease or rental, with a fixed term of more than thirty days or an indefinite term with a minimum period of more than thirty days, of any motor vehicles designed by the manufacturer to carry a load of not more than one ton, watercraft, outboard motor, or aircraft, or of any tangible personal property, other than motor vehicles designed by the manufacturer to carry a load of more than one ton, to be used by the lessee or renter primarily for business purposes, the tax shall be collected by the seller at the time the lease or rental is consummated and shall be calculated by the seller on the basis of the total amount to be paid by the lessee or renter under the lease or rental agreement. If the total amount of the consideration for the lease or rental includes amounts that are not calculated at the time the lease or rental is executed, the tax shall be calculated and collected by the seller at the time such amounts are billed to the lessee or renter. In the case of an open-end lease or rental, the tax shall be calculated by the seller on the basis of the total amount to be paid during the initial fixed term of the lease or rental, and for each subsequent renewal period as it comes due. As used in this division, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code, and "watercraft" includes an outdrive unit attached to the watercraft.
(3) Except as provided in division (A)(2) of this section, in the case of a transaction, the price of which consists in whole or part of the lease or rental of tangible personal property, the tax shall be measured by the installments of those leases or rentals.
(B) Each consumer, storing, using, or otherwise consuming
in
this state tangible personal property or realizing in this
state
the benefit of any service provided, shall be liable for the
tax,
and such liability shall not be extinguished until the tax
has
been paid to this state; provided, that the consumer shall be
relieved from further liability for the tax if the tax has been
paid to a seller in accordance with section 5741.04 of the
Revised
Code or prepaid by the seller in accordance with section
5741.06
of the Revised Code.
(C) The tax does not apply to the storage, use, or
consumption in this state of the following described tangible
personal property or services, nor to the storage, use, or
consumption or benefit in this state of tangible personal
property
or services purchased under the following described
circumstances:
(1) When the sale of property or service in this state is
subject to the excise tax imposed by sections 5739.01 to 5739.31
of the Revised Code, provided said tax has been paid;
(2) Except as provided in division (D) of this section,
tangible personal property or services, the acquisition of which,
if made in Ohio, would be a sale not subject to the tax imposed
by
sections 5739.01 to 5739.31 of the Revised Code;
(3) Property or services, the storage, use, or other
consumption of or benefit from which this state is prohibited
from
taxing by the Constitution of the
United States, laws of the
United States, or the Constitution of this
state. This exemption
shall not exempt from the application of the tax imposed by this
section the storage, use, or consumption of tangible personal
property that was purchased in interstate commerce, but
that has
come to rest in this state, provided that fuel to
be used or
transported in carrying on interstate commerce that is
stopped
within this state pending transfer from one conveyance to another
is exempt from the excise tax imposed by this section and section
5739.02 of the Revised Code;
(4) Transient use of tangible personal property in this
state by a nonresident tourist or vacationer, or a nonbusiness
use within this state by a nonresident of this state, if the
property so used was purchased outside this state for use outside
this state and is not required to be registered or licensed under
the laws of this state;
(5) Tangible personal property or services rendered, upon
which taxes have been paid to another jurisdiction to the extent
of the amount of the tax paid to such other jurisdiction. Where
the amount of the tax imposed by this section and imposed
pursuant
to section 5741.021, 5741.022, or 5741.023 of the
Revised Code
exceeds the amount paid to another jurisdiction, the
difference
shall be allocated between the tax imposed by this
section and any
tax imposed by a county or a transit authority
pursuant to section
5741.021, 5741.022, or 5741.023 of the
Revised Code, in proportion
to the respective rates of such
taxes.
As used in this subdivision, "taxes paid to another
jurisdiction" means the total amount of retail sales or use tax
or
similar tax based upon the sale, purchase, or use of tangible
personal property or services rendered legally, levied by and paid
to another state or political subdivision thereof, or to the
District of Columbia, where the payment of such tax does not
entitle the taxpayer to any refund or credit for such payment.
(6) The transfer of a used manufactured home or used mobile
home,
as defined by section 5739.0210 of the Revised Code,
made on
or after January 1, 2000;
(7) Drugs that are or are intended to be distributed free of
charge to a
practitioner licensed to prescribe, dispense, and
administer drugs to a human
being in the course of a professional
practice and that by law may be
dispensed only by or upon the
order of such a practitioner.
(8) Computer equipment and related software leased from a lessor located outside this state and initially received in this state on behalf of the consumer by a third party that will retain possession of such property for not more than ninety days and that will, within that ninety-day period, deliver such property to the consumer at a location outside this state. Division (C)(8) of this section does not provide exemption from taxation for any otherwise taxable charges associated with such property while it is in this state or for any subsequent storage, use, or consumption of such property in this state by or on behalf of the consumer.
(9) Cigarettes that have a wholesale value of three hundred dollars or less used, stored, or consumed, but not for resale, in any month.
(10) Tangible personal property held for sale by a person but not for that person's own use and donated by that person, without charge or other compensation, to either of the following:
(a) A nonprofit organization operated exclusively for charitable purposes in this state, no part of the net income of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation; or
(b) This state or any political subdivision of this state, but only if donated for exclusively public purposes.
For the purposes of division (C)(10) of this section, "charitable purposes" has the same meaning as in division (B)(12) of section 5739.02 of the Revised Code.
(D) The tax applies to the storage, use, or other
consumption in this state of tangible personal property or
services, the acquisition of which at the time of sale was
excepted under division (E) of section 5739.01 of the Revised
Code from the tax imposed by section 5739.02 of the Revised Code,
but which has subsequently been temporarily or permanently
stored,
used, or otherwise consumed in a taxable manner.
(E)(1)(a) If any transaction is claimed to be exempt under
division (E)
of
section 5739.01 of the Revised Code or under
section 5739.02
of the Revised Code, with the exception of
divisions (B)(1) to (11)
or (28) of section 5739.02 of the Revised
Code, the consumer shall
provide to the seller, and the
seller
shall obtain from the consumer,
a
certificate specifying
the
reason that the
transaction is
not subject to the tax.
The
certificate shall be in such form, and shall be provided either in a hard copy form or
electronic form, as the tax commissioner prescribes.
(b) A seller that obtains a fully completed exemption certificate from a consumer is relieved of liability for collecting and remitting tax on any sale covered by that certificate. If it is determined the exemption was improperly claimed, the consumer shall be liable for any tax due on that sale under this chapter. Relief under this division from liability does not apply to any of the following:
(i) A seller that fraudulently fails to collect tax;
(ii) A seller that solicits consumers to participate in the unlawful claim of an exemption;
(iii) A seller that accepts an exemption certificate from a consumer that claims an exemption based on who purchases or who sells property or a service, when the subject of the transaction sought to be covered by the exemption certificate is actually received by the consumer at a location operated by the seller in this state, and this state has posted to its web site an exemption certificate form that clearly and affirmatively indicates that the claimed exemption is not available in this state;
(iv) A seller that accepts an exemption certificate from a consumer who claims a multiple points of use exemption under division (D) of section 5739.033 of the Revised Code, if the item purchased is tangible personal property, other than prewritten computer software.
(2) The seller shall maintain records, including exemption certificates, of all sales on which a consumer has claimed an exemption, and provide them to the tax commissioner on request.
(3) If no
certificate is
provided or obtained
within ninety days after the date on which
the
transaction is consummated,
it shall be
presumed that the tax
applies. Failure to have so
provided
or obtained a
certificate shall not preclude a seller, within one hundred twenty days
after the tax commissioner gives written notice of intent to levy an
assessment,
from either establishing that the transaction is not subject to the tax, or obtaining, in good faith, a fully completed exemption certificate.
(4) If a transaction is claimed to be exempt under division (B)(13) of section 5739.02 of the Revised Code, the contractor shall obtain certification of the claimed exemption from the contractee. This certification shall be in addition to an exemption certificate provided by the contractor to the seller. A contractee that provides a certification under this division shall be deemed to be the consumer of all items purchased by the contractor under the claim of exemption, if it is subsequently determined that the exemption is not properly claimed. The certification shall be in such form as the tax commissioner prescribes.
(F) A seller who files a petition for reassessment
contesting the
assessment of tax on transactions for which the
seller obtained no valid
exemption certificates, and for which the
seller failed
to establish that
the transactions were not subject
to the tax
during the
one-hundred-twenty-day period allowed under
division
(E) of this
section, may present to the tax commissioner
additional
evidence
to prove that the transactions were exempt.
The seller
shall file
such evidence within ninety days of the
receipt by the
seller of
the notice of assessment, except that,
upon application
and for
reasonable cause, the tax commissioner
may extend the
period for
submitting such evidence thirty days.
(G) For the purpose of the proper administration of
sections
5741.01 to 5741.22 of the Revised Code, and to prevent
the evasion
of the tax hereby levied, it shall be presumed that
any use,
storage, or other consumption of tangible personal
property in
this state is subject to the tax until the contrary
is
established.
(H) The tax collected by the seller from the consumer under this chapter is not part of the price, but is a tax collection for the benefit of the state, and of counties levying an additional use tax pursuant to section 5741.021 or 5741.023 of the Revised Code and of transit authorities levying an additional use tax pursuant to section 5741.022 of the Revised Code. Except for the discount authorized under section 5741.12 of the Revised Code and the effects of any rounding pursuant to section 5703.055 of the Revised Code, no person other than the state or such a county or transit authority shall derive any benefit from the collection of such tax.
Sec. 5741.03. (A) Four and two-tenths One hundred per cent of all
money deposited into the state treasury under sections 5741.01 to
5741.22 of the Revised Code that is not required to be
distributed as provided in division (B) of this section shall be
credited to the local government fund for distribution in
accordance with section 5747.50 of the Revised Code, six-tenths of one per
cent shall be credited to the local
government revenue assistance fund for distribution in accordance with section
5747.61 of the Revised Code, and ninety-five and two-tenths per cent shall be
credited to the general revenue fund.
(B) In any case where any county or transit authority has
levied a tax or taxes pursuant to section 5741.021, 5741.022, or
5741.023 of the Revised Code, the tax commissioner shall, within
forty-five days after the end of each month, determine and certify
to the director of budget and management the amount of the
proceeds of such tax or taxes
from billings and assessments received during that month, or shown on tax returns or reports filed during that month, to be returned to the county or transit
authority levying the tax or taxes, which amounts shall be
determined in the manner provided in section 5739.21 of the
Revised Code. The director of budget and management shall
transfer, from the same funds and in the same proportions
specified in division (A) of this section, to the permissive tax
distribution fund created by division (B)(1) of section 4301.423
of the Revised Code and to the local sales tax administrative
fund created by division (B)(C) of section 5739.21 of the Revised
Code, the amounts certified by the tax commissioner. The tax
commissioner shall then, on or before the twentieth day of the
month in which such certification is made, provide for payment of
such respective amounts to the county treasurer or to the fiscal
officer of the transit authority levying the tax or taxes. The
amount transferred to the local sales tax administrative fund is
for use by the tax commissioner in defraying costs the
commissioner incurs in administering such taxes levied by a county or
transit authority.
Sec. 5741.121. (A) If the total amount of tax required to
be paid by a seller or consumer under section 5741.12 of the Revised Code
for any year equals or
exceeds seventy-five thousand dollars, the seller or
consumer shall remit each monthly tax payment in the second
ensuing and each succeeding year by electronic funds transfer as
prescribed by division (B) of this section.
If a seller's or consumer's tax payment for each of two consecutive
years is less than
seventy-five thousand
dollars, the seller or consumer is relieved of the requirement to remit
taxes by electronic funds transfer for the year that next follows
the second of the consecutive years in which the tax payment is
less than that amount, and is relieved of
that
requirement for each succeeding year, unless the tax payment in a
subsequent year equals or exceeds seventy-five thousand
dollars.
The tax commissioner shall notify each seller or consumer required to
remit taxes by electronic funds transfer of the seller's or consumer's
obligation to do so, shall maintain an updated list of those sellers and
consumers, and shall timely certify the list and any additions
thereto or deletions therefrom to the treasurer of state.
Failure by the tax commissioner to notify a seller or consumer subject to
this section to remit taxes by electronic funds transfer does not
relieve the seller or consumer of the obligation to remit
taxes by electronic funds transfer.
(B) Sellers and consumers required by division (A) of this section to
remit payments by electronic funds transfer shall remit such
payments to the treasurer of state in the manner prescribed by this section and
rules adopted by the treasurer of state under section 113.061 of the
Revised Code, and on or before the following dates as follows:
(1)(a) On or before the fifteenth day of each month, a seller shall remit an amount equal to the taxes collected during the first eleven days of the month. On or before the twenty-fifth day of each month, a seller shall remit an amount equal to the taxes collected on the twelfth through the twenty-first day of the month.
(b) In lieu of remitting the actual amounts collected for the periods specified in division (B)(1)(a) of this section, a seller may, on or before each of the fifteenth and twenty-fifth days of each month, remit an amount equal to thirty-seven and one-half per cent of the seller's total tax liability for the same month in the preceding calendar year.
(2) On or before each of the fifteenth and twenty-fifth days of each month, a consumer shall remit an amount equal to thirty-seven and one-half per cent of the consumer's total tax liability for the same month in the preceding calendar year.
(3) On or before the twenty-third day of each month, a seller or consumer shall remit an amount equal to seventy-five per cent of the anticipated tax liability for that month.
(2) On or before the twenty-third day of each month, a seller shall report the taxes collected and a consumer shall report the taxes due for the previous month and shall remit that amount, less any amounts paid for that month as required by division (B)(1)(a) or (b) or (B)(2) of this section.
The payment of taxes by electronic
funds transfer does not affect a seller's or consumer's obligation to file
the monthly return as required under section 5741.12 of the
Revised Code.
(C) A seller or consumer required by this section to remit taxes by
electronic funds transfer may apply to the treasurer of state in
the manner prescribed by the treasurer of state to be excused from that
requirement. The treasurer of state may excuse the seller or consumer from
remittance by electronic funds transfer for good cause shown for
the period of time requested by the seller or consumer or for a portion of
that period. The treasurer of state shall notify the tax commissioner and
the seller or consumer of the treasurer of state's decision as soon as is
practicable.
(D)(1)(a) If a seller or consumer that is required to remit payments under division (B) of this section fails to make a payment, or makes a payment under division (B)(1) of this section that is less than seventy-five per cent of the actual liability for that month, the commissioner may impose an additional charge not to exceed five per cent of that unpaid amount.
(b) Division (D)(1)(a) of this section does not apply if the seller's or consumer's payment under division (B)(1) of this section is equal to or greater than seventy-five per cent of the seller's or consumer's reported liability for the same month in the immediately preceding calendar year.
(2) If a seller or consumer required by this section to remit taxes
by electronic funds transfer remits those taxes by some means
other than by electronic funds transfer as prescribed by the
rules adopted by the treasurer of state, and the treasurer of state
determines that such failure was not due to reasonable cause or
was due to willful neglect, the treasurer of state shall notify the tax
commissioner of the failure to remit by electronic funds transfer
and shall provide the commissioner with any information used in
making that determination. The tax commissioner may impose an
additional charge not to exceed the lesser of five per cent of the amount of the taxes required to be
paid by electronic funds transfer or five
thousand dollars.
(3) Any additional charge imposed under this
section is in addition to any other penalty or charge imposed
under this chapter, and shall be considered as revenue arising
from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5741.13 of the Revised Code. The tax commissioner may
waive all or a portion of such a charge and may adopt rules
governing such waiver.
No additional charge shall be imposed under division (D)(2) of this section
against a seller or consumer that has been notified of the
obligation to remit taxes under this section and that remits its first two tax
payments after such notification by some means other than
electronic funds transfer. The additional charge may be imposed
upon the remittance of any subsequent tax payment that the seller or
consumer remits by some means other than electronic funds
transfer.
Sec. 5741.122. (A) If required by the tax commissioner, a person required to make payments by electronic funds transfer under section 5739.032 or 5741.121 of the Revised Code shall file all returns and reports electronically. The commissioner may require the person to use the Ohio business gateway, as defined in section 718.051 of the Revised Code, or any other electronic means, to file the returns and reports, or to remit the tax, in lieu of the manner prescribed by the treasurer of state under sections 5739.032 and 5741.121 of the Revised Code.
(B) A person required under this section to file reports and returns electronically may apply to the commissioner to be excused from that requirement. Applications shall be made on a form prescribed by the commissioner. The commissioner may approve the application for good cause.
(C)(1) If a person required to file a report or return electronically under this section fails to do so, the commissioner may impose an additional charge not to exceed the following:
(a) For each of the first two failures, five per cent of the amount required to be reported on the report or return;
(b) For the third and any subsequent failure, ten per cent of the amount required to be reported on the report or return.
(2) The charges authorized under division (C)(1) of this section are in addition to any other charge or penalty authorized under this chapter, and shall be considered as revenue arising from taxes imposed under this chapter. An additional charge may be collected by assessment in the manner prescribed by section 5741.13 of the Revised Code. The commissioner may waive all or a portion of such a charge and may adopt rules governing such waiver.
Sec. 5743.01. As used in this chapter:
(A) "Person" includes individuals, firms, partnerships,
associations, joint-stock companies, corporations, combinations
of individuals of any form, and the state and any of its
political subdivisions.
(B) "Wholesale dealer" includes only those persons:
(1) Who bring in or cause to be brought into this state
unstamped cigarettes purchased directly from the manufacturer,
producer, or importer of cigarettes for sale in this state but
does not include persons who bring in or cause to be brought into
this state cigarettes with respect to which no evidence of tax
payment is required thereon as provided in section 5743.04 of the
Revised Code; or
(2) Who are engaged in the business of selling cigarettes
or tobacco products to others for the purpose of resale.
"Wholesale dealer" does not include any cigarette manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. 5713 if that person sells cigarettes in this state only to wholesale dealers holding valid and current licenses under section 5743.15 of the Revised Code or to an export warehouse proprietor or another manufacturer.
(C) "Retail dealer" includes:
(1) In reference to dealers in cigarettes, every person
other than a wholesale dealer engaged in the business of selling
cigarettes in this state, regardless of whether the person is located in this state or elsewhere, and regardless of quantity, amount, or
number of sales;
(2) In reference to dealers in tobacco products, any
person in this state engaged in the business of selling tobacco
products to ultimate consumers in this state, regardless of
quantity, amount, or number of sales.
(D) "Sale" includes exchange, barter, gift, offer for
sale, and distribution, and includes transactions in interstate
or foreign commerce.
(E) "Cigarettes" includes any roll for smoking made wholly
or in part of tobacco, irrespective of size or shape, and whether
or not such tobacco is flavored, adulterated, or mixed with any
other ingredient, the wrapper or cover of which is made of paper,
reconstituted cigarette tobacco, homogenized cigarette tobacco,
cigarette tobacco sheet, or any similar materials other than
cigar tobacco.
(F) "Package" means the individual package, box, or other
container in or from which retail sales of cigarettes are
normally made or intended to be made.
(G) "Stamp" includes an impression made by a metering
device as provided for in section 5743.04 of the Revised Code.
(H) "Storage" includes any keeping or retention of
cigarettes or tobacco products for use or consumption in this
state.
(I) "Use" includes the exercise of any right or power
incidental to the ownership of cigarettes or tobacco products.
(J) "Tobacco product" or "other tobacco product" means any product made from tobacco,
other than cigarettes, that is made for smoking or chewing, or
both, and snuff.
(K) "Wholesale price" means the invoice price, including
all federal excise taxes, at which the manufacturer of the
tobacco product sells the tobacco product to unaffiliated
distributors, excluding any discounts based on the method of
payment of the invoice or on time of payment of the invoice. If
the taxpayer buys from other than a manufacturer, "wholesale
price" means the invoice price, including all federal excise
taxes and excluding any discounts based on the method of payment
of the invoice or on time of payment of the invoice.
(1) Any manufacturer who sells, barters, exchanges,
or
distributes tobacco products to a retail dealer in the
state, except when selling to a retail dealer that has filed with
the manufacturer a signed statement agreeing to pay and be liable for the tax
imposed by section 5743.51 of the Revised Code;
(2) Any wholesale dealer located in the state who receives
tobacco products from a manufacturer, or who receives tobacco
products on which the tax imposed by this chapter has not been
paid;
(3) Any wholesale dealer located outside the state who
sells, barters, exchanges, or distributes tobacco products to a
wholesale or retail dealer in the state; or
(4) Any retail dealer who receives tobacco products on
which the tax has not or will not be paid by another
distributor, including a retail dealer that has
filed a signed statement with a manufacturer in
which the retail dealer agrees to pay and be liable for
the tax that would otherwise be imposed on the
manufacturer by section 5743.51 of the Revised Code.
(M) "Taxpayer" means any person liable for the tax imposed
by section 5743.51, 5743.62, or 5743.63 of the Revised Code.
(N) "Seller" means any person located outside this state
engaged in the business of selling tobacco products to consumers
for storage, use, or other consumption in this state.
(O) "Manufacturer" means any person who manufactures and
sells cigarettes or tobacco products.
(P) "Importer" means any person that imports is authorized, under a valid permit issued under Section 5713 of the Internal Revenue Code, to import finished cigarettes into the United States, either directly or indirectly.
Sec. 5743.20. No person shall sell any cigarettes both as a retail dealer and
as a wholesale dealer at the same place of business. No person other than a licensed wholesale dealer shall sell
cigarettes to a licensed retail dealer. No retail dealer shall purchase cigarettes from any person other than a licensed wholesale dealer.
Subject to section 5743.031 of the Revised Code, a licensed wholesale dealer may not sell cigarettes to any person in this state other than a licensed retail dealer, except a licensed wholesale dealer may sell cigarettes to another licensed wholesale dealer if the tax commissioner has authorized the sale of the cigarettes between those wholesale dealers and the wholesale dealer that sells the cigarettes received them directly from a licensed manufacturer or licensed importer.
The tax commissioner shall adopt rules governing sales of cigarettes between licensed wholesale dealers, including rules establishing criteria for authorizing such sales.
No manufacturer or importer shall sell cigarettes to any person in this state other than to a licensed wholesale dealer or licensed importer. No importer shall purchase cigarettes from any person other than a licensed manufacturer or licensed importer.
A retail dealer may purchase other tobacco products only from a licensed distributor. A licensed distributor may sell tobacco products only to a retail dealer, except a licensed distributor may sell tobacco products to another licensed distributor if the tax commissioner has authorized the sale of the tobacco products between those distributors and the distributor that sells the tobacco products received them directly from a manufacturer or importer of tobacco products.
The tax commissioner may adopt rules governing sales of tobacco products between licensed distributors, including rules establishing criteria for authorizing such sales.
The identities of licensed distributors cigarette manufacturers and importers, licensed cigarette wholesalers, licensed distributors of other tobacco products, and registered manufacturers, importers, and brokers of other tobacco products are subject to public disclosure. The tax commissioner shall maintain an alphabetical list of all such distributors manufacturers, importers, wholesalers, distributors, and brokers, shall post the list on a web site accessible to the public through the internet, and shall periodically update the web site posting.
As used in this section, "licensed" means the manufacturer, importer, wholesale dealer, retail dealer, or distributor holds a current and valid license issued under section 5743.15 or 5743.61 of the Revised Code, and "registered" means registered with the tax commissioner under section 5743.66 of the Revised Code.
Sec. 5745.02. (A) The annual report filed under section
5745.03
of the Revised Code determines a taxpayer's Ohio net
income and
the portion of Ohio net income to be apportioned to a
municipal
corporation.
(B) A taxpayer's Ohio net income is determined by
multiplying the
taxpayer's adjusted
federal taxable income by the
sum of the property factor multiplied
by one-third, the payroll
factor multiplied by one-third, and the sales factor
multiplied by
one-third.
If the denominator of one of the factors is zero, the
remaining two factors
each shall be multiplied by one-half instead
of one-third; if the denominator
of two of the factors is zero,
the remaining factor shall be multiplied by
one.
The property,
payroll, and sales factors shall be determined in the manner
prescribed by divisions (B)(1), (2), and (3) of this section.
(1) The property factor is a fraction, the numerator of
which
is the average value of the taxpayer's real and tangible
personal
property owned or rented, and used in
business in this state
during the taxable year, and the
denominator of which is the
average value of all the
taxpayer's real and tangible personal
property owned or
rented, and used in business everywhere during
such
year.
Property owned by the taxpayer is valued at its
original cost. Property rented by the taxpayer is valued at
eight
times the net annual rental rate.
"Net annual rental rate"
means
the annual rental rate paid by the taxpayer less any
annual rental
rate received by the taxpayer from subrentals.
The average value
of property shall be determined by
averaging the values at the
beginning and the end of the taxable
year, but the tax
commissioner may require the averaging of
monthly values during
the taxable year, if reasonably required to
reflect properly the
average value of the taxpayer's property.
(2) The payroll factor is a fraction, the numerator of
which
is the total amount paid in this state during the taxable
year by
the taxpayer for compensation, and the denominator of
which is the
total compensation paid everywhere by the
taxpayer during such
year. Compensation means any form of remuneration paid
to an
employee for personal services. Compensation is paid in this
state if:
(a) the
recipient's service is performed entirely
within this state, (b)
the recipient's service is performed both
within and without this
state, but the service performed without
this state is incidental
to the recipient's service within this
state, or (c) some of the
service is performed within this state
and either the base of
operations, or if there is no base of
operations, the place from
which the service is directed or
controlled is within this state,
or the base of operations or the
place from which the service is
directed or controlled is not in
any state in which some part of
the service is performed, but the
recipient's residence is in
this state.
(3) The sales factor is a fraction, the
numerator of which
is
the total sales in this state by the taxpayer during the
taxable
year, and the denominator of which is the total sales by
the
taxpayer everywhere during such year.
Sales of electricity shall
be sitused to this state in the manner
provided under section
5733.059 of the Revised Code.
In determining the
numerator and
denominator of the sales factor, receipts from the
sale or other
disposal of a capital asset or an asset described
in section 1231
of the Internal Revenue Code shall
be eliminated.
Also, in
determining the numerator and denominator of the sales
factor, in
the case of a reporting taxpayer owning at least
eighty per cent
of the issued and outstanding common stock of one
or more
insurance companies or public utilities, except an electric
company, a combined company, or a telephone company,
or owning at
least twenty-five per cent of the issued and
outstanding common
stock of one or more financial institutions,
receipts received by
the reporting taxpayer from such utilities,
insurance
companies, and financial institutions shall be
eliminated.
For the purpose of division (B)(3) of this
section, sales of
tangible personal property are in this
state where such property
is received in this state by the
purchaser. In the case of
delivery of tangible personal property
by common carrier or by
other means of transportation, the place
at which such property is
ultimately received after all
transportation has been completed
shall be considered as the
place at which such property is
received by the purchaser.
Direct delivery in this state, other
than for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
this state, and direct
delivery outside this state to a person or
firm designated by a
purchaser does not constitute delivery to the
purchaser in this
state, regardless of where title passes or other
conditions of
sale.
Sales, other than sales of electricity or tangible personal
property, are
in this state if either
the income-producing activity
is performed solely in this
state, or
the income-producing
activity is performed both
within and without this state and a
greater proportion of the
income-producing activity is
performed
within this state than in
any other state, based on costs of
performance.
For the purposes of division (B)(3) of this section, the tax commissioner may adopt rules to apportion sales within this state.
(C) The portion of a taxpayer's Ohio net income taxable
by
each
municipal corporation imposing an income tax shall be
determined by
multiplying the taxpayer's Ohio net income by the
sum of the
municipal
property factor multiplied by one-third, the
municipal payroll factor
multiplied by
one-third, and the
municipal sales factor multiplied by one-third,
and subtracting
from the product so obtained any
"municipal net
operating loss
carryforward from prior taxable years."
If the denominator of one
of the factors is zero, the remaining two factors
each shall be
multiplied by one-half instead of one-third; if the denominator
of
two of the factors is zero, the remaining factor shall be
multiplied by one.
In calculating the
"municipal net operating
loss carryforward from prior
taxable years" for each municipal
corporation, net operating losses are
apportioned in and out of a
municipal corporation for the taxable year in which
the net
operating loss occurs in the same manner that positive net income
would
have been so apportioned. Any net operating loss for a
municipal corporation
may be applied to subsequent net income in
that municipal corporation to reduce
that income to zero or until
the net operating loss has been fully used as a
deduction. The
unused portion of net operating losses for each taxable year
apportioned to a municipal corporation may only be applied against
the income
apportioned to that municipal corporation for five
subsequent taxable years.
Net operating losses occurring in
taxable years ending before 2002 may not be
subtracted under this
section.
A taxpayer's municipal property, municipal payroll, and
municipal
sales factors for a municipal corporation shall be
determined as provided in
divisions (C)(1), (2), and (3) of this
section.
(1) The municipal property factor is the quotient obtained
by
dividing (a) the average value of real and tangible personal
property owned or rented by the taxpayer and used in business in
the municipal
corporation during the taxable
year by (b) the
average value of all of the taxpayer's real
and
tangible personal
property owned or rented and used in business during that
taxable
year in this
state. The
value and average value of such property
shall be determined in the same
manner provided in
division (B)(1)
of this section.
(2) The municipal payroll factor is the quotient obtained by
dividing (a) the total amount of compensation earned in the
municipal corporation by the
taxpayer's employees during the
taxable year for services performed for the taxpayer and that is
subject to income tax
withholding by the
municipal corporation by
(b) the total amount of compensation paid by the
taxpayer to its
employees in this state during the taxable year.
Compensation has
the same meaning as in division (B)(2) of this section.
(3) The municipal sales
factor is a fraction, the numerator
of which
is the taxpayer's total sales in a municipal corporation
during the
taxable year, and the denominator of which is the
taxpayer's total sales
in this state during such year.
For the purpose of division (C)(3) of this section, sales of
tangible personal property are in the municipal corporation
where
such property is received in the municipal corporation by the
purchaser. Sales of electricity directly to the consumer customer, as
defined in
section 5733.059 of the Revised Code, shall be
considered sales of tangible
personal property. In the case of
the delivery of tangible personal property
by common carrier or by
other means of transportation, the place at which such
property
ultimately is received after all transportation has been completed
shall be considered as the place at which the property is received
by the
purchaser. Direct delivery in the municipal corporation,
other than
for purposes of
transportation, to a person or firm
designated by a purchaser
constitutes delivery to the purchaser in
that municipal corporation, and
direct
delivery outside the
municipal corporation to a person or firm designated by a
purchaser does not constitute delivery to the purchaser in that
municipal
corporation, regardless of where title passes or other
conditions of
sale. Sales, other than sales of tangible personal
property, are
in the municipal corporation if either:
(a) The income-producing activity is performed solely in
the
municipal corporation;
(b) The income-producing activity is performed both
within
and without the municipal corporation and a greater proportion of
the
income-producing activity is
performed within that municipal
corporation than
any other location in this state, based on costs
of performance.
For the purposes of division (C)(3) of this section, the tax commissioner may adopt rules to apportion sales within each municipal corporation.
(D) If a taxpayer is a combined company as defined in
section
5727.01 of the Revised Code, the municipal property,
payroll, and sales
factors under
division (C) of this section
shall be adjusted as follows:
(1) The numerator of the municipal property factor shall
include only the
value, as determined under division (C)(1) of
this
section, of the company's real and tangible property in the
municipal
corporation attributed to
the company's activity as an
electric company using the same
methodology prescribed under
section 5727.03 of the Revised Code
for taxable tangible personal
property.
(2) The numerator of the municipal payroll factor shall
include only
compensation paid in the municipal corporation by the
company to its employees
for
personal services rendered in the
company's activity as an
electric company.
(3) The numerator of the municipal sales factor shall
include only the
sales of tangible personal property and services,
as determined under division
(C)(3) of this section, made in the
municipal corporation in the
course of the company's activity as
an electric company.
(E)(1) If the provisions for apportioning adjusted federal
taxable income or Ohio net income under
divisions (B),
(C), and (D)
of this section do not fairly represent
business activity in this
state or among municipal corporations, the tax
commissioner may
adopt rules for apportioning such income by an alternative
method
that fairly represents business activity in this state or among
municipal corporations.
(2) If any of the factors determined under division (B),
(C), or (D) of this
section does not fairly represent the extent
of a taxpayer's business
activity in this state or among municipal
corporations, the taxpayer may
request, or the
tax commissioner
may require,
that the taxpayer's adjusted federal taxable income
or Ohio net
income
be determined by an alternative method,
including
any of the alternative methods enumerated in division
(B)(2)(d) of section 5733.05 of the Revised Code.
A taxpayer
requesting an alternative
method shall make the request in
writing
to the tax commissioner either with the annual report, a
timely
filed amended report, or a timely filed petition for
reassessment.
When the tax commissioner requires or permits an
alternative
method under division (E)(2) of this section, the tax
commissioner
shall cause a written
notice to that effect to be delivered to any
municipal corporation
that would be affected by application of the
alternative method.
Nothing in this division shall be construed
to extend any statute
of limitations under this chapter.
(F)(1) The tax commissioner may adopt rules providing for
the combination of
adjusted
federal taxable incomes of taxpayers
satisfying the ownership or control
requirements of section
5733.052 of the Revised Code if the tax commissioner
finds that
such
combinations are necessary to properly reflect adjusted
federal taxable
income,
Ohio net income, or the portion of Ohio
net income to be
taxable by municipal corporations.
(2) A taxpayer satisfying the ownership or control
requirements
of section 5733.052 of the Revised Code with respect
to one or
more other taxpayers may not combine their adjusted
federal taxable incomes
for the purposes of
this section unless
rules are adopted under division (F)(1) of this
section allowing
such a combination or the tax commissioner finds
that such a
combination is necessary to properly reflect the taxpayers'
adjusted federal
taxable incomes, Ohio
net incomes, or the portion
of Ohio net incomes to be subject to
taxation within a municipal
corporation.
(G) The tax commissioner may adopt rules providing for alternative apportionment methods for a telephone company.
Sec. 5745.05. (A) Prior to the first day of March,
June,
September, and December, the tax
commissioner shall certify to the
director of budget and management the amount
to be paid to each
municipal corporation, as indicated on the declaration of
estimated tax
reports and annual reports received under sections
5745.03 and 5745.04 of the
Revised Code, less any amounts
previously distributed and net of any audit adjustments made by
the tax
commissioner. Not later
than the first day of March,
June, September, and
December, the
director of budget and
management shall provide for payment of the amount
certified to
each municipal corporation from the municipal income tax fund,
plus a pro rata share of any investment earnings
accruing to the
fund since the previous payment under this section
apportioned
among municipal corporations entitled to such payments
in
proportion to the amount certified by the tax commissioner.
(B) If the tax commissioner determines that the amount of
tax
paid by a taxpayer and distributed to a municipal corporation
under this
section for a taxable year exceeds the amount payable
to that municipal
corporation under this chapter after accounting
for amounts remitted with the
annual report and as estimated
taxes, the tax commissioner shall permit the
taxpayer to credit
the excess against the taxpayer's payments to the
municipal
corporation of estimated taxes remitted for an ensuing taxable
year
under section
5745.04 of the Revised Code. If, upon the
written request of the taxpayer,
the tax commissioner determines
that the excess to be so credited is likely to exceed the amount
of estimated taxes payable by the taxpayer to the
municipal
corporation during the ensuing twelve months, the tax
commissioner
shall so notify the municipal corporation and the
municipal
corporation shall issue a refund of the excess to the
taxpayer
within ninety days after receiving such a notice.
Interest shall
accrue on the amount to be
refunded and is payable to the taxpayer
at the rate per annum
prescribed by section 5703.47 of the Revised
Code from the
ninety-first day after the notice is received by the
municipal corporation
until the day the refund is
paid. Immediately after notifying a municipal corporation under this division of an excess to be refunded, the commissioner also shall notify the director of budget and management of the amount of the excess, and the director shall transfer from the municipal income tax administrative fund to the municipal income tax fund one and one-half per cent of the amount of the excess. The commissioner shall include the transferred amount in the computation of the amount due the municipal corporation in the next certification to the director under division (A) of this section.
Sec. 5745.13. If, upon examination of any books, records,
reports, or other documents of a taxpayer, the tax commissioner
determines that an adjustment shall be made in the portion of the
taxpayer's
income that is to be apportioned to a municipal
corporation, the tax
commissioner shall notify the taxpayer and,
if the adjustment causes an adjustment in the taxpayer's tax owed to a municipal corporation for the taxpayer's taxable year of
more than five hundred dollars, shall notify each affected that
municipal corporation that the
taxpayer's tax has been adjusted.
Any municipal corporation to which such a notice is issued
may
request a review and redetermination of the taxpayer's federal
taxable
income, Ohio net income, or the portion of Ohio net income
apportioned to the municipal corporation by filing a petition with
the tax
commissioner not later than sixty days after the tax
commissioner issues the
notice. The petition shall be filed
either personally or by
certified mail, and shall indicate the
objections of the municipal
corporation.
Upon receiving such a petition, if a hearing is requested the
tax
commissioner shall assign
a time and place for a hearing on
the petition and shall notify the
petitioner of the time and place
of the hearing by ordinary mail. The
tax commissioner may
continue the hearing from time to time as
necessary. The tax
commissioner shall make any correction to the
taxpayer's federal
taxable income, Ohio net income, or apportionment
of Ohio net
income that the commissioner finds proper,
and
issue notice of any
correction
by ordinary mail
to the petitioner, to each other
municipal corporation affected by
the correction of the
apportionment, and to the taxpayer. The tax
commissioner's
decision on the matter is final, and is not subject to further
appeal.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter that is not otherwise defined in this section
has the same meaning as when used in a comparable context in the
laws of the United
States
relating to federal income taxes or if not used in a comparable context in those laws, has the same meaning as in section 5733.40 of the Revised Code. Any reference in this chapter to the Internal Revenue Code includes other laws of the United States relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross
income"
means
federal adjusted gross income, as defined and used in the
Internal
Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities
of any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States
to the extent that
the interest or dividends
are exempt from federal income taxes
but
not from state income
taxes.
(3) Deduct interest or dividends on obligations of the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States to
the extent
that the interest or dividends are included in federal
adjusted gross income but exempt
from state income taxes under the
laws of the United States.
(4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security
Act and tier 1 railroad retirement benefits to the extent
included
in federal adjusted gross income under section 86 of the
Internal
Revenue Code.
(6)
In the case of a taxpayer who is a beneficiary of
a
trust that makes an accumulation distribution as defined in
section 665 of the Internal Revenue Code,
add, for the
beneficiary's taxable years
beginning before 2002,
the portion, if
any, of
such distribution
that does not exceed the
undistributed
net
income of the trust for
the three taxable years
preceding the
taxable year in which the
distribution is made
to
the extent that the portion was not included in the trust's
taxable income for any of the trust's taxable years beginning in
2002 or thereafter.
"Undistributed
net
income of a trust" means
the taxable income of
the trust
increased
by (a)(i) the additions
to adjusted gross
income
required under
division (A) of this
section and (ii) the
personal
exemptions
allowed to the trust
pursuant to section
642(b) of the
Internal
Revenue Code, and
decreased by (b)(i) the
deductions to
adjusted
gross income
required under division (A) of
this
section,
(ii) the
amount of
federal income taxes attributable
to
such
income, and
(iii) the
amount of taxable income that has
been
included in the
adjusted
gross income of a beneficiary by
reason
of a prior
accumulation
distribution. Any undistributed
net
income included
in the
adjusted gross income of a beneficiary
shall reduce the
undistributed net income of the trust commencing
with the earliest
years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent
that the
interest or interest equivalent is included in
federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
that the loss has been deducted or the gain has been
included in
computing federal adjusted gross income.
(10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition units purchased
pursuant to Chapter
3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income.
(c) For purposes of division (A)(11) of this section,
"medical
care" has the meaning given in section 213 of the
Internal Revenue
Code, subject to the special rules, limitations,
and exclusions
set forth therein, and "qualified long-term care"
has the same
meaning given in section 7702B(c) of the Internal
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section.
(18) Beginning in taxable year 2001 but not for any taxable year beginning after December 31, 2005, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross income of the taxpayer and the taxpayer's
spouse for the
taxable year does not exceed one hundred thousand dollars, or
if
the taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts paid during the
taxable year for qualified tuition and
fees paid to an eligible institution
for the taxpayer, the
taxpayer's spouse, or any dependent of the taxpayer, who
is a
resident of this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The deduction
may be claimed only to the extent that qualified
tuition and fees are not
otherwise deducted or excluded for any
taxable year from federal or
Ohio adjusted gross income. The
deduction
may not be claimed for educational expenses for which
the taxpayer claims a
credit under section 5747.27 of the Revised
Code.
(19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income.
(20)(a)(i) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest.
(ii) Add five-sixths of the amount of qualifying section 179 depreciation expense, including a person's proportionate or distributive share of the amount of qualifying section 179 depreciation expense allowed to any pass-through entity in which the person has a direct or indirect ownership. For the purposes of this division, "qualifying section 179 depreciation expense" means the difference between (I) the amount of depreciation expense directly or indirectly allowed to the taxpayer under section 179 of the Internal Revenue Code, and (II) the amount of depreciation expense directly or indirectly allowed to the taxpayer under section 179 of the Internal Revenue Code as that section existed on December 31, 2002.
The tax
commissioner, under procedures established by the commissioner,
may waive the add-backs related to a pass-through entity if the
taxpayer owns, directly or indirectly, less than five per cent of
the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back
shall be apportioned, subject to one or more of the four
alternative methods of apportionment enumerated in section 5747.21
of the Revised Code.
(d) For the purposes of division (A) of this section, net operating loss carryback and carryforward shall not include five-sixths of the allowance of any net operating loss deduction carryback or carryforward to the taxable year to the extent such loss resulted from depreciation allowed by section 168(k) of the Internal Revenue Code and by the qualifying section 179 depreciation expense amount.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of
this
section is attributable to an add-back allocated under
division
(A)(20)(c) of this section, the amount deducted shall be
sitused
to the same location. Otherwise, the add-back shall be
apportioned using the apportionment factors for the taxable year
in which the deduction is taken, subject to one or more of the
four alternative methods of apportionment enumerated in section
5747.21 of the Revised Code.
(c) No deduction is available under division (A)(21)(a) of this section with regard to any depreciation allowed by section 168(k) of the Internal Revenue Code and by the qualifying section 179 depreciation expense amount to the extent that such depreciation resulted in or increased a federal net operating loss carryback or carryforward to a taxable year to which division (A)(20)(d) of this section does not apply.
(22) Deduct, to the extent not otherwise deducted or excluded in computing federal or Ohio adjusted gross income for the taxable year, the amount the taxpayer received during the taxable year as reimbursement for life insurance premiums under section 5919.31 of the Revised Code.
(23) Deduct, to the extent not otherwise deducted or excluded in computing federal or Ohio adjusted gross income for the taxable year, the amount the taxpayer received during the taxable year as a death benefit paid by the adjutant general under section 5919.33 of the Revised Code.
(24) Deduct, to the extent included in federal adjusted gross income and not otherwise allowable as a deduction or exclusion in computing federal or Ohio adjusted gross income for the taxable year, military pay and allowances received by the taxpayer during the taxable year for active duty service in the United States army, air force, navy, marine corps, or coast guard or reserve components thereof or the national guard. The deduction may not be claimed for military pay and allowances received by the taxpayer while the taxpayer is stationed in this state.
(25) Deduct, to the extent not otherwise allowable as a deduction or exclusion in computing federal or Ohio adjusted gross income for the taxable year and not otherwise compensated for by any other source, the amount of qualified organ donation expenses incurred by the taxpayer during the taxable year, not to exceed ten thousand dollars. A taxpayer may deduct qualified organ donation expenses only once for all taxable years beginning with taxable years beginning in 2007.
For the purposes of division (A)(25) of this section:
(a) "Human organ" means all or any portion of a human liver, pancreas, kidney, intestine, or lung, and any portion of human bone marrow.
(b) "Qualified organ donation expenses" means travel expenses, lodging expenses, and wages and salary forgone by a taxpayer in connection with the taxpayer's donation, while living, of one or more of the taxpayer's human organs to another human being.
(B) "Business income" means income, including gain or loss,
arising from
transactions, activities, and sources in the regular
course of a
trade or business and includes income, gain, or loss
from
real property, tangible
property, and
intangible
property if
the acquisition, rental,
management, and
disposition
of the
property constitute integral
parts of the
regular course of
a
trade or business operation.
"Business income"
includes income,
including gain or loss, from a
partial or
complete liquidation of
a business, including, but not
limited to,
gain or loss from the
sale or other disposition of
goodwill.
(C) "Nonbusiness income" means all income other than
business income and may include, but is not limited to,
compensation, rents and royalties from real or tangible personal
property, capital gains, interest, dividends and distributions,
patent or copyright royalties, or lottery winnings, prizes, and
awards.
(D) "Compensation" means any form of remuneration paid to
an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve
months ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means
any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002 or thereafter:
(1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code are not controlling for purposes of
division (I)(2)
of this section.
(3)
A
trust that, in whole or part, resides in this state.
If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of
division (I)(3) of this section:
(a) A trust resides in this state
for the trust's current
taxable year to
the extent, as described in division (I)(3)(d) of
this section, that
the trust consists directly or indirectly,
in whole or
in part,
of assets, net of any related
liabilities, that were
transferred, or caused to be transferred,
directly or indirectly,
to the trust by any of the following:
(i) A person, a court, or a governmental
entity or instrumentality on account of the death of a decedent, but only if the trust is described in division (I)(3)(e)(i)
or (ii) of this section;
(ii) A person who
was domiciled in this state
for the purposes of
this chapter when the person directly or indirectly transferred
assets to an irrevocable trust, but only if at least one of the
trust's qualifying beneficiaries is domiciled in this state for
the purposes of this chapter during all or some portion of the
trust's current taxable year;
(iii) A person who was domiciled in this state
for the
purposes of this chapter when the trust
document or instrument
or
part of the trust
document or instrument became irrevocable, but
only if at least
one
of
the trust's qualifying beneficiaries is a resident domiciled in
this state for the purposes of
this chapter
during all or some
portion of the trust's current taxable year. If a trust document or instrument became irrevocable upon the death of a person who at the time of death was domiciled in this state for purposes of this chapter, that person is a person described in division (I)(3)(a)(iii) of this section.
(b) A trust is
irrevocable to
the extent that the transferor is not
considered to
be the owner
of the net assets of the trust under sections 671 to
678 of the
Internal
Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(iii) Whether a transfer to the trust is by or from any of the sources enumerated in division (I)(3)(a) of this section shall be ascertained without regard to the domicile of the trust's beneficiaries.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the
decedent before the decedent's death and while the decedent was
domiciled in this state for the purposes of this chapter, and,
prior to the death of the decedent, the trust became irrevocable
while the decedent was domiciled in this state for the purposes of
this chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will
of a testator.
(vi) The transfer is made to a trust created by or caused
to be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part
of
a trust residing in this state.
(J) "Nonresident" means an individual or estate that is
not
a resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code.
(L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed
by section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return.
(P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax.
(S) "Taxable income"
or "Ohio taxable income" applies
only
to estates
and
trusts,
and means
federal
taxable income, as
defined and used in the
Internal
Revenue Code,
adjusted as
follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities
of any state or of any
political subdivision or authority of any
state, other than this
state and its subdivisions and
authorities, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section:
(a) The net amount is not attributable to the S portion of
an electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any
authority, commission,
instrumentality, territory, or possession
of the United States
to
the extent that
the interest or dividends are exempt from federal
income taxes
but
not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
to
the extent
that
the interest or dividends are exempt from state
taxes under the laws of the United
States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public
obligations and purchase obligations, but only to the
extent
that such net amount relates either to income included in
federal taxable income
for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
that such loss has been deducted or such gain has been
included in
computing either federal taxable income
or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining
federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year, but only to the extent such amount has not
been distributed
to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in
section 1341(a)(2) of the Internal Revenue Code, for repaying
previously reported income received under a claim of right, that
meets both of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report
as
farm income on its federal income tax return, but only
if the
assets of the trust include at least ten acres of land
satisfying
the definition of "land devoted exclusively to
agricultural use"
under section 5713.30 of the Revised Code,
regardless of whether
the land is valued for tax purposes as such
land under sections
5713.30 to 5713.38 of the Revised Code.
If the
trust is a
pass-through entity investor, section 5747.231 of the
Revised Code
applies in ascertaining if the trust is eligible to
claim the
deduction provided by division (S)(12) of this section
in
connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income.
Division (S)(12) of
this
section applies only to taxable years of a trust beginning
in
2002 or thereafter.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be
required
to add or deduct under division (A)(20) or (21) of this
section if
the taxpayer's
Ohio taxable income were computed in the same
manner as
an individual's
Ohio adjusted gross income is computed
under
this
section. In the case of a trust, division (S)(14) of
this
section
applies only to any of the trust's taxable years
beginning
in
2002 or thereafter.
(T) "School district income" and "school district income
tax" have the same meanings as in section 5748.01 of the Revised
Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or
equity investor in that
pass-through
entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
career colleges and schools under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program;
(b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to the
individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business
income" means the business income
included in a trust's
Ohio taxable
income after such taxable
income is
first reduced by the
qualifying
trust amount, if any.
(2) "Qualifying
trust amount" of a trust means capital gains
and
losses from the sale, exchange, or other disposition of equity
or
ownership
interests in, or debt obligations of, a
qualifying
investee to the extent included in the trust's
Ohio
taxable income, but
only if the
following requirements are satisfied:
(a) The book value of the qualifying
investee's
physical assets in this state and everywhere, as of the last day
of the qualifying investee's fiscal or calendar year ending
immediately prior to the date on which the trust recognizes the
gain or loss, is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the
case may be.
(3) "Modified nonbusiness income" means a trust's
Ohio
taxable
income other than modified business income, other than
the
qualifying
trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified
Ohio taxable income" applies only to trusts,
and
means the sum of the
amounts described in divisions
(BB)(4)(a) to (c) of this section:
(a)
The fraction,
calculated under section 5747.013, and applying
section 5747.231 of the Revised Code, multiplied by the sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined
in section 5747.012 of the Revised Code, but only to the extent
the qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying
trust amount multiplied by
a
fraction, the numerator of which is the sum of the
book value of
the
qualifying investee's physical assets in this state
on the last day of the qualifying
investee's fiscal or calendar year ending immediately prior to the
day on which the trust recognizes the qualifying trust amount, and
the denominator of which is the sum of the book value of the
qualifying investee's total physical assets everywhere
on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the day on
which the trust recognizes the qualifying trust amount.
If, for a
taxable year, the trust
recognizes a qualifying
trust amount
with
respect to more than one
qualifying investee, the amount
described
in division (BB)(4)(b)
of this section shall equal the
sum of the
products so computed
for each such qualifying
investee.
(c)(i) With respect to a trust or
portion of a trust that is a resident as ascertained in accordance
with division (I)(3)(d) of this section, its modified nonbusiness
income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code, except as otherwise provided in division (BB)(4)(c)(ii) of this section. With respect to a trust or portion of a trust that is not a resident as ascertained in accordance with division (I)(3)(d) of this section, the trust's portion of modified nonbusiness income recognized from the sale, exchange, or other disposition of a debt interest in or equity interest in a section 5747.212 entity, as defined in section 5747.212 of the Revised Code, without regard to division (A) of that section, shall not be allocated to this state in accordance with section 5747.20 of the Revised Code but shall be apportioned to this state in accordance with division (B) of section 5747.212 of the Revised Code without regard to division (A) of that section.
If the allocation and apportionment of a trust's income
under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified
Ohio taxable income of the trust in this
state,
the alternative methods described in division (C) of
section
5747.21 of the Revised Code may be applied in the manner
and to
the same extent provided in that section.
(5)(a) Except as set forth in division
(BB)(5)(b) of this section, "qualifying investee" means a person
in which a trust
has an equity or ownership interest, or a person
or unit of
government the debt obligations of either of which are
owned by a
trust.
For the purposes of division (BB)(2)(a) of this
section and for the purpose of computing the fraction described in
division (BB)(4)(b) of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the
qualifying controlled group of
which the qualifying investee is a
member on the last day of the
qualifying investee's fiscal or
calendar year ending immediately
prior to the date on which the
trust recognizes the gain or loss,
separately or cumulatively own,
directly or indirectly, on the
last day of the qualifying
investee's fiscal or calendar year
ending immediately prior to the
date on which the trust recognizes
the qualifying trust amount, more
than fifty per cent of the
equity of a pass-through entity, then
the qualifying investee and
the other members are deemed to own
the proportionate share of the
pass-through entity's physical
assets which the pass-through
entity directly or indirectly owns
on the last day of the
pass-through entity's calendar or fiscal
year ending within or
with the last day of the qualifying
investee's fiscal or calendar
year ending immediately prior to the
date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level
pass-through entity" means a pass-through
entity directly or
indirectly owning any equity of another
pass-through entity, and
"lower level pass-through
entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is
also a qualifying investee, is deemed to own, on the last day of
the upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in
division (BB)(5)(a)(iii) of this section shall be construed to
provide for any deduction or
exclusion in computing any trust's
Ohio taxable income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person
is able to learn of the information by the due date plus
extensions, if any, for filing the return for the taxable year in
which the trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as
in section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE)(1) For the purposes of division (EE) of this section:
(a) "Qualifying person" means any person other than a qualifying corporation.
(b) "Qualifying corporation" means any person classified for federal income tax purposes as an association taxable as a corporation, except either of the following:
(i) A corporation that has made an election under subchapter S, chapter one, subtitle A, of the Internal Revenue Code for its taxable year ending within, or on the last day of, the investor's taxable year;
(ii) A subsidiary that is wholly owned by any corporation that has made an election under subchapter S, chapter one, subtitle A of the Internal Revenue Code for its taxable year ending within, or on the last day of, the investor's taxable year.
(2) For the purposes of this chapter, unless expressly stated otherwise, no qualifying person indirectly owns any asset directly or indirectly owned by any qualifying corporation.
(FF) For purposes of this chapter and Chapter 5751. of the Revised Code:
(1) "Trust" does not include a qualified pre-income tax trust.
(2) A "qualified pre-income tax trust" is any pre-income tax trust that makes a qualifying pre-income tax trust election as described in division (FF)(3) of this section.
(3) A "qualifying pre-income tax trust election" is an election by a pre-income tax trust to subject to the tax imposed by section 5751.02 of the Revised Code the pre-income tax trust and all pass-through entities of which the trust owns or controls, directly, indirectly, or constructively through related interests, five per cent or more of the ownership or equity interests. The trustee shall notify the tax commissioner in writing of the election on or before April 15, 2006. The election, if timely made, shall be effective on and after January 1, 2006, and shall apply for all tax periods and tax years until revoked by the trustee of the trust.
(4) A "pre-income tax trust" is a trust that satisfies all of the following requirements:
(a) The document or instrument creating the trust was executed by the grantor before January 1, 1972;
(b) The trust became irrevocable upon the creation of the trust; and
(c) The grantor was domiciled in this state at the time the trust was created.
Sec. 5747.03. (A) All money collected under this chapter
arising from the taxes imposed by section 5747.02 or
5747.41 of the Revised
Code shall be credited to the general revenue fund, except
that
the treasurer of state shall:
(1) Credit an amount equal to four and two-tenths
per cent of those taxes collected under this chapter to the local
government fund, which is hereby created in the state treasury, for
distribution in accordance with section 5747.50 of the Revised
Code;
(2) Credit an amount equal to five and seven-tenths per cent of those taxes
collected under this chapter to the library and
local government support fund, which is hereby created in the
state treasury, for distribution in accordance with section
5747.47 of the Revised Code;
(3) At, at the beginning of each calendar quarter, credit to
the Ohio political party fund, pursuant to section 3517.16 of the
Revised Code, an amount equal to the total dollar value realized
from the taxpayer exercise of the income tax checkoff option on
tax forms processed during the preceding calendar quarter;
(4) Credit an amount equal to six-tenths
of one per cent of
those taxes collected under this chapter to the local
government
revenue assistance fund for distribution in accordance with
section 5747.61 of the Revised Code.
(B)(1) Following the crediting of moneys pursuant to
division (A) of this section, the remainder deposited in the
general revenue fund shall be distributed pursuant to division
(F) of section 321.24 and section 323.156 of the Revised Code; to
make subsidy payments to institutions of higher education from
appropriations to the Ohio board of regents; to support
expenditures for programs and services for the mentally ill,
mentally retarded, developmentally disabled, and elderly; for
primary and secondary education; for medical assistance; and for
any other purposes authorized by law, subject to the limitation
that at least fifty per cent of the income tax collected by the
state from the tax imposed by section 5747.02 of the Revised Code
shall be returned pursuant to Section 9 of Article XII, Ohio
Constitution.
(2) To ensure that such constitutional requirement is
satisfied the tax commissioner shall, on or before the thirtieth
day of June of each year, from the best information available to
the tax commissioner, determine and certify for each county
to the director of
budget and management the amount of taxes collected under this
chapter from the tax imposed under section 5747.02 of the Revised Code during the
preceding calendar year that are required to
be returned to the county by Section 9 of Article XII, Ohio
Constitution. The director shall provide for payment from the
general revenue fund to the county in the amount, if any, that
the sum of the amount so certified for that county exceeds the
sum of the following:
(a) The sum of the payments from the general revenue fund
for the preceding calendar year credited to the credit of the county's
undivided income tax fund pursuant to division (F) of section
321.24 and section 323.156 of the Revised Code or made directly from the general revenue fund to political subdivisions located in the county;
(b) The sum of the amounts from the general revenue fund
distributed in the county during the preceding calendar year for
subsidy payments to institutions of higher education from
appropriations to the Ohio board of regents; for programs and
services for mentally ill, mentally retarded, developmentally
disabled, and elderly persons; for primary and secondary
education; and for medical assistance.
(c) The In the case of payments made by the director under this division in 2007, the total amount distributed to the county during the
preceding calendar year from the local government fund and the local government revenue assistance fund, and, in the case of payments made by the director under this division in subsequent calendar years, the amount distributed to the county from the local government fund;
(d) The In the case of payments made by the director under this division, the total amount distributed to the county during the
preceding calendar year from the library and local government
support fund;
(e) The amount distributed to the county during the
preceding calendar year from the local government revenue
assistance fund.
Payments under this division shall be credited to the
county's undivided income tax fund, except that, notwithstanding
section 5705.14 of the Revised Code, such payments may be
transferred by the board of county commissioners to the county
general fund by resolution adopted with the affirmative vote of
two-thirds of the members thereof.
(C) All payments received in each month from taxes imposed
under Chapter 5748. of the Revised Code and any penalties or
interest thereon shall be paid into the school district income
tax fund, which is hereby created in the state treasury, except
that an amount equal to the following portion of such
payments
shall be paid into the general school district income tax
administrative fund, which is hereby created in the state
treasury:
(1) One and three-quarters of one per cent of those
received in fiscal year 1996;
(2) One and one-half per cent of those received in fiscal
year 1997 and thereafter.
Money in the school district income tax administrative fund
shall be used by the tax commissioner to defray costs incurred in
administering the school district's income tax, including the
cost of providing employers with information regarding the rate
of tax imposed by any school district. Any moneys remaining in
the fund after such use shall be deposited in the school district
income tax fund.
All interest earned on moneys in the school district income tax fund shall be credited to the fund.
(D)(1)(a) Within thirty days of the end of each calendar
quarter ending on the last day of March, June, September, and
December, the director of budget and management shall make a
payment from the school district income tax fund to each school
district for which school district income tax revenue was
received during that quarter. The amount of the payment shall
equal the balance in the school district's account at the end of
that quarter.
(b) After a school district ceases to levy an income tax, the
director of budget and management shall adjust the payments under division
(D)(1)(a) of this section to retain sufficient money in
the school district's account to pay refunds. For the calendar quarters ending
on the last day of March and December of the calendar year
following the last calendar year the tax is levied, the director shall make the
payments in the amount required under division (D)(1)(a)
of this section. For the calendar quarter ending on the last day of
June of the calendar year following the last calendar year the tax is
levied, the director shall make a payment equal to nine-tenths of the balance
in the account at the end of that quarter. For the calendar quarter ending on
the last day of September of the calendar year following the last
calendar year the tax is levied, the director shall make no payment. For the
second and succeeding calendar years following the last calendar year the tax
is levied, the director shall make one payment each year, within thirty days
of
the last day of June, in an amount equal to the balance in the
district's account on the last day of June.
(2) Moneys paid to a school district under this division
shall be deposited in its school district income tax fund. All
interest earned on moneys in the school district income tax fund
shall be apportioned by the tax commissioner pro rata among the
school districts in the proportions and at the times the
districts are entitled to receive payments under this division.
Sec. 5747.47. (A)(1) By the twentieth day of July of each year, the tax commissioner shall estimate and certify the following for each county to its county auditor:
(a) Its guaranteed share of the ensuing year's fund balance;
(b) Its share of the excess of the ensuing year's fund balance;
(c) Its total entitlement.
(2) In December and in June following such estimations and certifications, the commissioner shall revise such estimates and certify such revised estimates to the respective county auditors.
(B) By the tenth day of each month the commissioner shall distribute the amount credited to the library and local government support fund from taxes collected under this chapter during the preceding month in the current month under section 131.51 of the Revised Code. The distributions shall be made as follows:
(1) During the first six months of each year, each county shall be paid a percentage of the balance that is the same per cent that the revised estimate of the county's total entitlement certified in December under division (A)(2) of this section is of the sum of such revised estimates of the total entitlements for all counties.
(2) During the last six months, each county shall be paid a percentage of the balance that is the same per cent that the revised estimate of the county's total entitlement certified in June under division (A)(2) of this section is of the sum of such revised estimates of the total entitlements for all counties.
(3) During each of the first six months of each year, the payments made to each county shall be adjusted as follows:
(a) If the county received an overpayment during the preceding distribution year, reduce the sum of the payments by the amount of such overpayment. The reduction shall be apportioned over the six months.
(b) If the county received an underpayment during the preceding distribution year, increase the sum of the payments by the amount of such underpayment. The increase shall be apportioned over the six months.
(C) By the twentieth day of December of each year, the tax commissioner shall determine and certify to the auditor of each county each of the following with respect to the current distribution year:
(1) The year's fund balance;
(2) Each county's guaranteed share;
(3) Each county's share of the excess;
(4) Each county's total entitlement;
(5) Each county's net distribution;
(6) The amount by which each county's net distribution exceeded or was less than its total entitlement, which amount shall constitute the county's overpayment or underpayment for purposes of division (B)(3) of this section in the ensuing distribution year.
Sec. 5747.50. (A) As used in this section:
(1) "County's proportionate share of the calendar year 2007 LGF and LGRAF distributions" means the percentage
computed for the county under division (B)(1)(a) of section 5747.501 of
the Revised Code for use in the current calendar year.
(2) "1983 share" means the sum of all payments made to a
county under section 5747.50 of the Revised Code during 1983
under all versions of such section that were in effect during
such year plus the payments made to the county's undivided local
government fund in 1983 from the tax imposed on deposits under
division (C) of section 5707.03 of the Revised Code.
(3) "Amount available for distribution under division (B)
of this section" means for any calendar year, both of the
following:
(a) Nine-tenths of the difference between the amount
available for distribution under this section during that year
and the deposit tax revenue of all counties;
(b) The deposit tax revenue of all counties less six
million dollars.
Each year, an amount equal to the amount available for
distribution under division (B) of this section shall be
distributed from the local government fund as provided in that
division. The balance in the fund available for distribution in
that year under this section and not available for distribution
under this division shall be distributed in accordance with
division (C) of this section. The tax commissioner shall
determine in each month what proportion of that month's local
government fund balance shall be distributed under division (B)
of this section and what proportion shall be distributed under
division (C) of this section "County's proportionate share of the total amount of the local government fund additional revenue formula" means each county's proportionate share of the state's population as determined for and certified to the county for distributions to be made during the current calendar year under division (B)(2)(a) of section 5747.501 of the Revised Code. If prior to the first day of January of the current calendar year the federal government has issued a revision to the population figures reflected in the estimate produced pursuant to division (B)(2)(a) of section 5747.501 of the Revised Code, such revised population figures shall be used for making the distributions during the current calendar year.
(3) "2007 LGF and LGRAF county distribution base available in that month" means the lesser of the amounts described in division (A)(3)(a) and (b) of this section, provided that the amount shall not be less than zero:
(a) The total amount available for distribution to counties from the local government fund during the current month.
(b) The total amount distributed to counties from the local government fund and the local government revenue assistance fund to counties in calendar year 2007 less the total amount distributed to counties under division (B)(1) of this section during previous months of the current calendar year.
(4) "Local government fund additional revenue distribution base available during that month" means the total amount available for distribution to counties during the month from the local government fund, less any amounts to be distributed in that month from the local government fund under division (B)(1) of this section, provided that the local government fund additional revenue distribution base available during that month shall not be less than zero.
(5) "Total amount available for distribution to counties" means the total amount available for distribution from the local government fund during the current month less the total amount available for distribution to municipal corporations during the current month under division (C) of this section.
(B) On or before the tenth day of each month, the tax
commissioner shall provide for payment to the county treasurer of
each county of an amount equal to the sum of:
(1) The county's proportionate share of the calendar year 2007 LGF and LGRAF distributions multiplied by the 2007 LGF and LGRAF county distribution base available in that month, provided that if the 2007 LGF and LGRAF county distribution base available in that month is zero, no payment shall be made under division (B)(1) of this section for the month or the remainder of the calendar year; and
(2) The county's proportionate
share of the total amount of the local government fund additional revenue formula multiplied by the local government fund additional revenue distribution base available
for distribution during that month under this division, except as
otherwise provided and in such a way that on the last day of each
calendar year, each county shall have received an amount equal to
its proportionate share of the amount available for distribution
under this division during that year. Counties whose
proportionate shares are less than their 1983 shares shall
receive an amount equal to their 1983 shares during the year in
lieu of their proportionate shares, and the amounts required to
be paid to all other counties shall be proportionately reduced to
fund such deficiency. If any county receives payments in any
year that exceed the amount to which it is entitled, that excess
shall be deducted from the payments due the county in the ensuing
calendar year and apportioned among and paid to the counties that
did not receive any such excess.
The amount paid to any county in any month shall not be
less than twenty-five thousand dollars unless a smaller payment
is required in order to avoid paying that county more during the
year than the amount to which it is entitled for that year.
Money received into the treasury of a county under this
division shall be credited to the undivided local government fund
in the treasury of the county on or before the fifteenth day of
each month. The On or before the twentieth day of each month, the county auditor shall issue warrants against all
of the undivided local government fund in the county treasury in
the respective amounts allowed as provided in section 5747.51 of
the Revised Code, and the treasurer shall distribute and pay such
sums to the subdivision therein.
(C)(1) As used in division (C) of this section:
(a) "Total amount available for distribution to municipalities during the current month" means the product obtained by multiplying the total amount available for distribution from the local government fund during the current month by the aggregate municipal share.
(b) "Aggregate municipal share" means the quotient obtained by dividing the total amount distributed directly from the local government fund to municipal corporations during calendar year 2007 by the total distributions from the local government fund and local government revenue assistance fund during calendar year 2007.
(2) On or before the tenth day of each month, the tax
commissioner shall provide for payment from the local government fund to each municipal
corporation which had in effect during the preceding calendar
year a tax imposed under Chapter 718. of the Revised Code. The
amount paid to each municipal corporation shall bear the same an amount equal to the product derived by multiplying the municipal corporation's
percentage to of the total amount to be distributed to all such
municipal corporations under this division as the total income
taxes collected by such municipal corporation during the second calendar
year preceding the year in which distribution is made bears to
the total amount of such taxes collected by all municipal
corporations during such period 2007 by the total amount available for distribution to municipal corporations during the current month. Payments
(3) Payments received by a
municipal corporation under this division shall be paid into its
general fund and may be used for any lawful purpose.
(4) The amount distributed to municipal corporations under this division during any calendar year shall not exceed the amount distributed directly from the local government fund to municipal corporations during calendar year 2007. If that maximum amount is reached during any month, distributions to municipal corporations in that month shall be as provided in divisions (C)(1) and (2) of this section, but no further distributions shall be made to municipal corporations under division (C) of this section during the remainder of the calendar year.
(5) Upon being informed of a municipal corporation's dissolution, the tax commissioner shall cease providing for payments to that municipal corporation under division (C) of this section. The proportionate shares of the total amount available for distribution to each of the remaining municipal corporations under this division shall be increased on a pro rata basis.
(D) Each municipal corporation which has in effect a tax
imposed under Chapter 718. of the Revised Code shall, no later
than the thirty-first day of August of each year, certify to the
tax commissioner the total amount of income taxes collected by
such municipal corporation pursuant to such chapter during the
preceding calendar year. The tax commissioner shall may withhold
payment of local government fund moneys pursuant to division (C)
of this section from any municipal corporation for failure to
comply with this reporting requirement.
Sec. 5747.501. (A) By On or before the fifteenth twenty-fifth day of December July of
each year, the tax commissioner shall estimate and certify to each county auditor the
amount to be paid into distributed from the local government fund for distribution
to each undivided local government fund during the following calendar year under section 5747.50 of the
Revised Code. The commissioner estimate shall then determine equal the sum of the separate
amounts that would be paid to each county if the amount so
certified were distributed computed under divisions (A)(B)(1) and (2) of this
section as follows:
(1)(a) As used in this division and in section 5747.50 of
the Revised Code, "deposit tax revenue" means one hundred
forty-five and forty-five one-hundredths per cent of the payments
made to the county's undivided local government fund in 1983 from
the tax imposed on deposits under division (C) of section 5707.03
of the Revised Code.
(b) Compute each county's deposit tax revenue.
(c) Determine how much each county would receive if
nine-tenths of the difference between the amount certified under
division (A) of this section and the sum of all counties' deposit
tax revenues, less six million dollars, were allocated among the
counties in the following year as follows:
(i) Seventy-five per cent of said amount shall be
apportioned in the ratio that the total of the real, public
utility, and tangible personal property tax duplicates of the
municipal corporations, or parts thereof, in the county for the
year next preceding the year in which the computation is made
bears to the total aggregate real, public utility, and tangible
personal property tax duplicates of all the municipal
corporations in the state for the same year.
(ii) Twenty-five per cent shall be apportioned among all
the counties in the ratio that the population of the county at
the last federal decennial census bears to the total population
of the state.
(iii) Adjust the sum of the allocations under divisions
(A)(1)(c)(i) and (ii) for each county so that the sum allocated
to each county under those divisions is at least two hundred
twenty-five thousand dollars. If such an adjustment is made, the
sum of the apportionments to the counties for which no adjustment
is necessary shall be proportionately reduced so that the sum of
the allocations to all counties equals the amount to be allocated
under divisions (A)(1)(c)(i) to (iii) of this section.
(d) Add the amount allocated to each county under division
(A)(1)(c) to its deposit tax revenue.
(2) Determine how much each county would receive if
nine-tenths of the amount certified by the commissioner, less six
million dollars, were allocated in the manner prescribed by
division (A)(1)(c) of this section.
(B) Upon the completion of the computations required by
division (A) of this section, the commissioner shall assign to
each county, the amount computed for it under division (A)(1)(d)
of this section or the amount computed under division (A)(2) of
this section, whichever is the higher amount, and compute the per
cent that the assigned amount for each county is of the sum of
the assigned amounts for all counties. The percentage so
computed shall be the proportionate share of the county for the
following calendar year for purposes of making the distributions
required by section 5747.50 of the Revised Code (1) The product obtained by multiplying the percentage described in division (B)(1)(a) of this section by the amount described in division (B)(1)(b) of this section.
(a) Each county's proportionate share of the total amount distributed to the counties from the local government fund and the local government revenue assistance fund during calendar year 2007.
(b) The total amount distributed to counties from the local government fund and the local government revenue assistance fund during calendar year 2007 adjusted downward if, and to the extent that, total local government fund distributions to counties for the following year are projected to be less than what was distributed to counties from the local government fund and local government revenue assistance fund during calendar year 2007.
(2) The product obtained by multiplying the percentage described in division (B)(2)(a) of this section by the amount described in division (B)(2)(b) of this section.
(a) Each county's proportionate share of the state's population as reflected in the most recent federal decennial census or the federal government's most recent census estimates, whichever represents the most recent year.
(b) The amount by which total estimated distributions from the local government fund during the immediately succeeding calendar year, less the total estimated amount to be distributed from the fund to municipal corporations under division (C) of section 5747.50 of the Revised Code during the immediately succeeding calendar year, exceed the total amount distributed to counties from the local government fund and local government revenue assistance fund during calendar year 2007.
Sec. 5747.51. (A) Within ten days after On or before the fifteenth twenty-fifth day
of July of each year, the tax commissioner shall make and certify
to the county auditor of each county an estimate of the amount of
the local government fund to be allocated to the undivided local
government fund of each county for the ensuing calendar year and
the estimated amount to be received by the undivided local
government fund of each county from the taxes levied pursuant to
section 5707.03 of the Revised Code for the ensuing calendar
year.
(B) At each annual regular session of the county budget
commission convened pursuant to section 5705.27 of the Revised
Code, each auditor shall present to the commission the
certificate
of the commissioner, the annual tax budget and
estimates, and the
records showing the action of the commission
in its last preceding
regular session. The estimates shown on
the certificate of the
commissioner of the amount to be allocated
from the local
government fund and the amount to be received from
taxes levied
pursuant to section 5707.03 of the Revised Code
shall be combined
into one total comprising the estimate of the
undivided local
government fund of the county. The commission,
after extending to
the representatives of each subdivision an
opportunity to be
heard, under oath administered by any member of
the commission,
and considering all the facts and information
presented to it by
the auditor, shall determine the amount of the
undivided local
government fund needed by and to be apportioned
to each
subdivision for current operating expenses, as shown in
the tax
budget of the subdivision. This determination shall be
made
pursuant to divisions (C) to (I) of this section, unless the
commission has provided for a formula pursuant to section 5747.53
of the Revised Code.
Nothing in this section prevents the budget
commission, for
the purpose of apportioning the undivided local
government fund,
from inquiring into the claimed needs of any
subdivision as stated
in its tax budget, or from adjusting
claimed needs to reflect
actual needs. For the purposes of this
section,
"current
operating expenses" means the lawful
expenditures of a
subdivision, except those for permanent
improvements and except
payments for interest, sinking fund, and
retirement of bonds,
notes, and certificates of indebtedness of
the subdivision.
(C) The commission shall determine the combined total of
the
estimated expenditures, including transfers, from the general
fund
and any special funds other than special funds established
for
road and bridge; street construction, maintenance, and
repair;
state highway improvement; and gas, water, sewer, and
electric
public utilities operated by a subdivision, as shown in
the
subdivision's tax budget for the ensuing calendar year.
(D) From the combined total of expenditures calculated
pursuant to division (C) of this section, the commission shall
deduct the following expenditures, if included in these funds in
the tax budget:
(1) Expenditures for permanent improvements as defined in
division (E) of section 5705.01 of the Revised Code;
(2) In the case of counties and townships, transfers to
the
road and bridge fund, and in the case of municipalities,
transfers
to the street construction, maintenance, and repair
fund and the
state highway improvement fund;
(3) Expenditures for the payment of debt charges;
(4) Expenditures for the payment of judgments.
(E) In addition to the deductions made pursuant to
division
(D) of this section, revenues accruing to the general
fund and any
special fund considered under division (C) of this
section from
the following sources shall be deducted from the
combined total of
expenditures calculated pursuant to division
(C) of this section:
(1) Taxes levied within the ten-mill limitation, as
defined
in section 5705.02 of the Revised Code;
(2) The budget commission allocation of estimated county
library and local government support fund revenues to be
distributed pursuant to section 5747.48 of the Revised Code;
(3) Estimated unencumbered balances as shown on the tax
budget as of the thirty-first day of December of the current year
in the general fund, but not any estimated balance in any special
fund considered in division (C) of this section;
(4) Revenue, including transfers, shown in the general
fund
and any special funds other than special funds established
for
road and bridge; street construction, maintenance, and
repair;
state highway improvement; and gas, water, sewer, and
electric
public utilities, from all other sources except those
that a
subdivision receives from an additional tax or service
charge
voted by its electorate or receives from special
assessment or
revenue bond collection. For the purposes of this
division, where
the charter of a municipal corporation prohibits
the levy of an
income tax, an income tax levied by the
legislative authority of
such municipal corporation pursuant to
an amendment of the charter
of that municipal corporation to
authorize such a levy represents
an additional tax voted by the
electorate of that municipal
corporation. For the purposes of
this division, any measure
adopted by a board of county
commissioners pursuant to section
322.02, 324.02, 4504.02, or
5739.021 of the Revised Code,
including those measures upheld by
the electorate in a referendum
conducted pursuant to section
322.021, 324.021, 4504.021, or
5739.022 of the Revised Code,
shall not be considered an
additional tax voted by the
electorate.
Subject to division (G) of section 5705.29 of the
Revised
Code, money in a reserve balance account
established by a county,
township, or municipal corporation
under section 5705.13 of the
Revised Code shall not
be considered an unencumbered balance or
revenue under division
(E)(3) or (4) of this section. Money in a reserve balance account established by a township under section 5705.132 of the Revised Code shall not be considered an unencumbered balance or revenue under division (E)(3) or (4) of this section.
If a county, township, or municipal corporation has created
and
maintains a nonexpendable trust fund under
section 5705.131 of
the Revised Code,
the principal of the fund, and any additions to
the principal
arising from sources other than the reinvestment of
investment
earnings arising from such a fund, shall not be
considered an
unencumbered balance or revenue under division
(E)(3) or (4) of this section. Only investment earnings arising
from
investment of the
principal or investment of such additions
to principal may be
considered an unencumbered balance or revenue
under those divisions.
(F) The total expenditures calculated pursuant to division
(C) of this section, less the deductions authorized in divisions
(D) and (E) of this section, shall be known as the
"relative
need"
of the subdivision, for the purposes of this section.
(G) The budget commission shall total the relative need of
all participating subdivisions in the county, and shall compute a
relative need factor by dividing the total estimate of the
undivided local government fund by the total relative need of all
participating subdivisions.
(H) The relative need of each subdivision shall be
multiplied by the relative need factor to determine the
proportionate share of the subdivision in the undivided local
government fund of the county; provided, that the maximum
proportionate share of a county shall not exceed the following
maximum percentages of the total estimate of the undivided local
government fund governed by the relationship of the percentage of
the population of the county that resides within municipal
corporations within the county to the total population of the
county as reported in the reports on population in Ohio by the
department of development as of the twentieth day of July of the
year in which the tax budget is filed with the budget commission:
Percentage of |
Percentage share |
municipal population |
of the county |
within the county: |
shall not exceed: |
Less than forty-one per cent |
Sixty per cent |
Forty-one per cent or more but less |
|
than eighty-one per cent |
Fifty per cent |
Eighty-one per cent or more |
Thirty per cent |
Where the proportionate share of the county exceeds the
limitations established in this division, the budget commission
shall adjust the proportionate shares determined pursuant to this
division so that the proportionate share of the county does not
exceed these limitations, and it shall increase the proportionate
shares of all other subdivisions on a pro rata basis. In
counties
having a population of less than one hundred thousand,
not less
than ten per cent shall be distributed to the townships
therein.
(I) The proportionate share of each subdivision in the
undivided local government fund determined pursuant to division
(H) of this section for any calendar year shall not be less than
the product of the average of the percentages of the undivided
local government fund of the county as apportioned to that
subdivision for the calendar years 1968, 1969, and 1970,
multiplied by the total amount of the undivided local government
fund of the county apportioned pursuant to former section 5735.23
of the Revised Code for the calendar year 1970. For the purposes
of this division, the total apportioned amount for the calendar
year 1970 shall be the amount actually allocated to the county in
1970 from the state collected intangible tax as levied by section
5707.03 of the Revised Code and distributed pursuant to section
5725.24 of the Revised Code, plus the amount received by the
county in the calendar year 1970 pursuant to division (B)(1) of
former section 5739.21 of the Revised Code, and distributed
pursuant to former section 5739.22 of the Revised Code. If the
total amount of the undivided local government fund for any
calendar year is less than the amount of the undivided local
government fund apportioned pursuant to former section 5739.23 of
the Revised Code for the calendar year 1970, the minimum amount
guaranteed to each subdivision for that calendar year pursuant to
this division shall be reduced on a basis proportionate to the
amount by which the amount of the undivided local government fund
for that calendar year is less than the amount of the undivided
local government fund apportioned for the calendar year 1970.
(J) On the basis of such apportionment, the county auditor
shall compute the percentage share of each such subdivision in
the
undivided local government fund and shall at the same time
certify
to the tax commissioner the percentage share of the
county as a
subdivision. No payment shall be made from the
undivided local
government fund, except in accordance with such
percentage shares.
Within ten days after the budget commission has made its
apportionment, whether conducted pursuant to section 5747.51 or
5747.53 of the Revised Code, the auditor shall publish a list of
the subdivisions and the amount each is to receive from the
undivided local government fund and the percentage share of each
subdivision, in a newspaper or newspapers of countywide
circulation, and send a copy of such allocation to the tax
commissioner.
The county auditor shall also send by certified mail,
return
receipt requested, a copy of such allocation to the fiscal
officer
of each subdivision entitled to participate in the
allocation of
the undivided local government fund of the county.
This copy shall
constitute the official notice of the commission
action referred
to in section 5705.37 of the Revised Code.
All money received into the treasury of a subdivision from
the undivided local government fund in a county treasury shall be
paid into the general fund and used for the current operating
expenses of the subdivision.
If a municipal corporation maintains a municipal
university,
such municipal university, when the board of trustees
so requests
the legislative authority of the municipal
corporation, shall
participate in the money apportioned to such
municipal corporation
from the total local government fund,
however created and
constituted, in such amount as requested by
the board of trustees,
provided such sum does not exceed nine per
cent of the total
amount paid to the municipal corporation.
If any public official fails to maintain the records
required
by sections 5747.50 to 5747.55 of the Revised Code or
by the rules
issued by the tax commissioner, the auditor of
state, or the
treasurer of state pursuant to such sections, or
fails to comply
with any law relating to the enforcement of such
sections, the
local government fund money allocated to the county
shall may be
withheld until such time as the public official has
complied with
such sections or such law or the rules issued
pursuant thereto.
Sec. 5747.54. The tax commissioner shall not distribute may withhold distributions of
local government fund money to any county where the county
auditor has failed to certify to the tax commissioner the
percentage share of the undivided local government fund of the
county as a subdivision for the year for which distribution is to
be made. The director shall of budget and management may direct the tax commissioner to withhold from such a county the
percentage of the amount distributable thereto that constitutes
the share of the county as a subdivision of the local government fund so long as such county
is indebted or otherwise obligated to the state, until such
indebtedness or other obligation has been duly paid, but no
distribution of such percentage share of the local government
fund shall be withheld unless an itemized statement of such
indebtedness is furnished the county auditor of the county from
which the indebtedness is due at least thirty days prior to the
withholding of the distribution.
Any indebtedness or obligation of the state to a county
shall be deducted from the amount owing to the state by such
county in determining the indebtedness or obligation as to which
distribution is withheld.
Sec. 5747.77. (A) As used in this section:
(1) "Alternative fuel" means E85 blend fuel or blended biodiesel.
(2) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats, or any combination of those reagents that meets the American society for testing and materials specification for biodiesel fuel (B100) blend stock distillate fuels.
(3) "Blended biodiesel" means a blend of biodiesel with petroleum based diesel fuel in which the resultant product contains not less than twenty per cent biodiesel and meets the American society for testing and materials specification for blended diesel fuel.
(4) "Diesel fuel" means any liquid fuel that is capable of use in discrete form or as a blend component in the operation of engines of the diesel type.
(5) "Ethanol" means fermentation ethyl alcohol derived from agricultural products, including potatoes, cereal, grains, cheese whey, and sugar beets; forest products; or other renewable resources, including residue and waste generated from the production, processing, and marketing of agricultural products, forest products, and other renewable resources that meet all of the specifications in the American society for testing and materials (ASTM) specification D 4806-88 and is denatured as specified in Parts 20 and 21 of Title 27 of the Code of Federal Regulations.
(6) "E85 blend fuel" means fuel containing eighty-five per cent or more ethanol, or containing any other percentage of not less than seventy per cent ethanol if the United States department of energy determines, by rule, that the lower percentage is necessary to provide for the requirements of cold start, safety, or other vehicle functions, and that meets the American society for testing and materials specification for E85 blend fuel.
(7) "Retail dealer" means any person that is a taxpayer under this chapter that owns or operates a retail service station located in this state.
(8) "Retail service station" means a location in this state from which alternative fuel is sold to the general public and is dispensed or pumped directly into motor vehicle fuel tanks for consumption.
(B) For taxable years ending in 2008 and 2009, there is hereby allowed a nonrefundable credit against the tax imposed by section 5747.02 of the Revised Code for a retail dealer that sells alternative fuel. The credit for a dealer's taxable year ending in 2008 shall equal fifteen cents per gallon of alternative fuel sold and dispensed through a metered pump at the retail dealer's retail service station during any part of calendar year 2007 or 2008 included in that taxable year. The credit for a dealer's taxable year ending in 2009 shall equal fifteen cents per gallon of alternative fuel sold and dispensed through a metered pump at the retail dealer's retail service station during any part of calendar year 2008 included in that taxable year, plus thirteen cents per gallon of alternative fuel sold and dispensed in that manner during any part of calendar year 2009 included in that taxable year.
The credit shall be calculated separately for each retail service station owned or operated by the retail dealer. The credit allowed under this section may not be claimed for alternative fuel sold or dispensed before January 1, 2008, or on or after January 1, 2010.
(C) The retail dealer shall claim the credit under this section in the order prescribed in section 5747.98 of the Revised Code. The credit shall not exceed the amount of tax otherwise due under section 5747.02 of the Revised Code after deducting any other credits that precede the credit claimed under this section in that order.
(D) Nothing in this section limits or disallows pass-through treatment of the credit if the retail dealer is a pass-through entity. If the retail dealer is a pass-through entity, references in other divisions of this section to "taxable year" refer to the dealer's taxable year; an equity owner of the retail dealer that is a pass-through entity may claim the owner's distributive or proportionate share of the credit for the equity owner's taxable year that includes the last day of the entity's taxable year.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is
entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of
section
5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of
the
Revised Code;
(5) The lump sum retirement income credit under division
(C)
of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division
(D)
of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division
(E)
of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the Revised Code;
(9) The credit for displaced workers who pay for job
training under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section
5747.29
of
the Revised Code;
(11) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of
section
5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of
section
5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income
under
division (B) of section 5747.05 of the Revised Code;
(15) The credit for employers that enter
into agreements
with child day-care centers under section 5747.34 of the
Revised
Code;
(16) The credit for employers that reimburse employee
child
care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under
section
5747.38 of the Revised Code;
(19)
The job retention credit under division (B) of section
5747.058 of the Revised Code;
(20) The credit for purchases of new manufacturing
machinery
and equipment
under section 5747.26 or section 5747.261
for selling alternative fuel under section 5747.77 of the
Revised Code;
(21) The second credit for purchases of new
manufacturing
machinery and
equipment and the credit for using
Ohio coal under
section 5747.31 of the
Revised Code;
(22) The job training credit under section 5747.39 of
the
Revised Code;
(23) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(24) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code;
(25) The credit
for employers that establish on-site
child
day-care centers under section
5747.35 of the Revised Code;
(26)
The ethanol plant investment credit under section
5747.75 of the Revised Code;
(27) The credit for purchases of qualifying grape
production
property under section 5747.28 of the Revised Code;
(28) The export sales credit under section 5747.057 of
the
Revised Code;
(29) The credit for research and development and
technology
transfer investors under section 5747.33 of the Revised
Code;
(30)
The enterprise zone credits under
section 5709.65
of
the
Revised Code;
(31) The research and development credit under section 5747.331 of the Revised Code;
(32) The refundable credit for rehabilitating a historic building under section 5747.76 of the Revised Code;
(33) The refundable jobs creation credit
under
division
(A)
of section
5747.058 of the Revised Code;
(34) The refundable credit for taxes paid by a
qualifying
entity granted under section 5747.059 of the Revised
Code;
(35) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of
section 5747.08
of the Revised Code;
(36) The refundable credit for tax withheld under
division
(B)(1) of section 5747.062 of the Revised Code;
(37) The refundable credit under section 5747.80 of the Revised Code for losses on loans made to the Ohio venture
capital program under sections 150.01 to 150.10 of the Revised
Code.
(B) For any credit, except the credits enumerated
in divisions (A)(32) to (37) of
this
section
and
the
credit granted under division
(I) of
section
5747.08 of
the
Revised Code, the amount of the credit
for
a
taxable year
shall
not
exceed the tax due after allowing for any
other credit
that
precedes it in the order required under this
section. Any
excess
amount of a particular credit may be carried
forward if
authorized
under the section creating that credit.
Nothing in this
chapter
shall be construed to allow a taxpayer to
claim, directly
or
indirectly, a
credit more than once for a
taxable year.
Sec. 5748.01. As used in this chapter:
(A) "School district income tax" means an income tax
adopted under one of the following:
(1) Former section 5748.03 of the Revised Code as it
existed prior to its repeal by Amended Substitute House Bill No.
291 of the 115th general assembly;
(2) Section 5748.03 of the Revised Code as enacted in
Substitute Senate Bill No. 28 of the 118th general assembly;
(3) Section 5748.08 of the Revised Code as enacted in Amended
Substitute Senate Bill
No. 17 of the 122nd general assembly;
(4) Section 5748.021 of the Revised Code;
(5) Section 5748.081 of the Revised Code.
(B) "Individual" means an individual subject to the tax
levied by section 5747.02 of the Revised Code.
(C) "Estate" means an estate subject to the tax levied by
section 5747.02 of the Revised Code.
(D) "Taxable year" means a taxable year as defined in
division (M) of section 5747.01 of the Revised Code.
(E) "Taxable income" means:
(1) In the case of an individual, one of the following, as specified in the resolution imposing the tax:
(a) Ohio adjusted gross income
for the taxable year as defined in division (A) of section
5747.01 of the Revised Code, less the exemptions provided by
section 5747.02 of the Revised Code;
(b) Wages, salaries, tips, and other employee compensation to the extent included in Ohio adjusted gross income as defined in section 5747.01 of the Revised Code, and net earnings from self-employment, as defined in section 1402(a) of the Internal Revenue Code, to the extent included in Ohio adjusted gross income.
(2) In the case of an estate, taxable income for the
taxable year as defined in division (S) of section 5747.01 of the
Revised Code.
(F) "Resident" of the school district means:
(1) An individual who is a resident of this state as
defined in division (I) of section 5747.01 of the Revised Code
during all or a portion of the taxable year and who, during all
or a portion of such period of state residency, is domiciled in
the school district or lives in and maintains a permanent place
of abode in the school district;
(2) An estate of a decedent who, at the time of death,
was domiciled in the school district.
(G) "School district income" means:
(1) With respect to an individual, the portion of the
taxable income of an individual that is received by the
individual during the portion of the taxable year that the
individual is a resident of the school district and the school
district income tax is in effect in that school district. An
individual may have school district income with respect to more
than one school district.
(2) With respect to an estate, the taxable income of the
estate for the portion of the taxable year that the school
district income tax is in effect in that school district.
(H) "Taxpayer" means an individual or estate having school
district income upon which a school district income tax is
imposed.
(I) "School district purposes" means any of the purposes
for which a tax may be levied pursuant to section 5705.21 of the
Revised Code, including the combined purposes authorized by section 5705.217 of the Revised Code.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district,
may declare, by resolution, the necessity of raising annually a
specified amount of money for school district purposes. The resolution shall specify whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section. A copy
of the resolution shall be certified to the tax commissioner no
later than eighty-five days prior to the date of the election at
which the board intends to propose a levy under this section.
Upon receipt of the copy of the resolution, the tax commissioner
shall estimate both of the following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been
in effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification,
the board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the
board's proposal to levy an income tax at the election for which
the board requested the certification. If the board intends to
submit a proposal to levy an income tax at any other election, it
shall request another certification for that election in the
manner prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of
the members of a board of education may adopt a resolution
proposing the levy of an annual tax for school district purposes
on school district income. The
proposed levy may be for a continuing period of time or for a
specified number of years. The resolution shall set forth the
purpose for which the tax is to be imposed, the rate of the tax,
which shall be the rate set forth in the commissioner's
certification rounded to the nearest one-fourth of one per cent,
the number of years the tax will be levied or that it will be
levied for a continuing period of time, the date on which the tax
shall take effect, which shall be the first day of January of any
year following the year in which the question is submitted, and
the date of the election at which the proposal shall be submitted
to the electors of the district, which shall be on the date of a
primary, general, or special election the date of which is
consistent with section 3501.01 of the Revised Code. The resolution shall specify whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section. The specification shall be the same as the specification in the resolution adopted and certified under division (A) of this section. If
If the tax is to be levied for current expenses and permanent improvements, the resolution shall apportion the annual rate of the tax. The apportionment may be the same or different for each year the tax is levied, but the respective portions of the rate actually levied each year for current expenses and for permanent improvements shall be limited by the apportionment.
If
the board of education currently imposes an income tax pursuant
to this chapter that is due to expire and
a question is submitted under this section for a proposed income tax to take
effect upon the expiration of the existing tax,
the board may specify in the resolution that the proposed tax renews the
expiring tax and is not an additional income tax, provided that the tax rate
being proposed is no higher than the tax rate that is currently imposed.
(2) A board of education adopting a resolution under
division (B)(1) of this section proposing a school district
income tax for a continuing period of time and limited to the
purpose of current expenses may propose in that resolution to
reduce the rate or rates of one or more of the school district's
property taxes levied for a continuing period of time in excess
of the ten-mill limitation for the purpose of current expenses.
The reduction in the rate of a property tax may be any amount,
expressed in mills per one dollar in valuation, not exceeding the
rate at which the tax is authorized to be levied. The reduction
in the rate of a tax shall first take effect for the tax year
that includes the day on which the school district income tax
first takes effect, and shall continue for each tax year that
both the school district income tax and the property tax levy are
in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one
or more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division
(A) of this section, shall designate the specific levy or levies
to be reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 of
the Revised Code.
(C) A resolution adopted under division (B) of this
section shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five days prior to the election at
which the question will appear on the ballot, a copy of the
resolution shall be certified to the board of elections of the
proper county, which shall submit the proposal to the electors on
the date specified in the resolution. The form of the ballot
shall be as provided in section 5748.03 of the Revised Code.
Publication of notice of the election shall be made in one or
more newspapers of general circulation in the county once a week
for two consecutive weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall contain the time
and place of the election and the question to be submitted to the
electors. The question covered by the resolution shall be
submitted as a separate proposition, but may be printed on the
same ballot with any other proposition submitted at the same
election, other than the election of officers.
(D) No board of education shall submit The submission to the electors of the school district of the question of a
tax on school district income to the electors of the district
more than twice in under this section is subject to the limitation under section 5705.214 of the Revised Code on the number of elections that may be held during any calendar year. If a board submits the
question twice in any calendar year, one of the elections on the
question shall be held on the date of the general election.
(E)(1) No board of education may submit to the electors of the district the question of a tax on school district income on the taxable income of individuals as defined in division (E)(1)(b) of section 5748.01 of the Revised Code if that tax would be in addition to an existing tax on the taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of that section.
(2) No board of education may submit to the electors of the district the question of a tax on school district income on the taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code if that tax would be in addition to an existing tax on the taxable income of individuals as defined in division (E)(1)(b) of that section.
Sec. 5748.021. A board of education that levies a tax under section 5748.02 of the Revised Code on the school district income of individuals and estates as defined in divisions (G) and (E)(1)(a) and (2) of section 5748.01 of the Revised Code may declare, at any time, by a resolution adopted by a majority of its members, the necessity of raising annually a specified amount of money for school district purposes by replacing the existing tax with a tax on the school district income of individuals as defined in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the Revised Code. The specified amount of money to be raised annually may be the same as, or more or less than, the amount of money raised annually by the existing tax.
The board shall certify a copy of the resolution to the tax commissioner not later than the eighty-fifth day before the date of the election at which the board intends to propose the replacement to the electors of the school district. Not later than the tenth day after receiving the resolution, the tax commissioner shall estimate the tax rate that would be required in the school district annually to raise the amount of money specified in the resolution. The tax commissioner shall certify the estimate to the board.
Upon receipt of the tax commissioner's estimate, the board may propose, by a resolution adopted by a majority of its members, to replace the existing tax on the school district income of individuals and estates as defined in divisions (G) and (E)(1)(a) and (2) of section 5748.01 of the Revised Code with the levy of an annual tax on the school district income of individuals as defined in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the Revised Code. In the resolution, the board shall specify the rate of the replacement tax, whether the replacement tax is to be levied for a specified number of years or for a continuing time, the specific school district purposes for which the replacement tax is to be levied, the date on which the replacement tax will begin to be levied, the date of the election at which the question of the replacement is to be submitted to the electors of the school district, that the existing tax will cease to be levied and the replacement tax will begin to be levied if the replacement is approved by a majority of the electors voting on the replacement, and that if the replacement is not approved by a majority of the electors voting on the replacement the existing tax will remain in effect under its original authority for the remainder of its previously approved term. The resolution goes into immediate effect upon its adoption. Publication of the resolution is not necessary, and the information that will be provided in the notice of election is sufficient notice. At least seventy-five days before the date of the election at which the question of the replacement will be submitted to the electors of the school district, the board shall certify a copy of the resolution to the board of elections.
The replacement tax shall have the same specific school district purposes as the existing tax, and its rate shall be the same as the tax commissioner's estimate rounded to the nearest one-fourth of one per cent. The replacement tax shall begin to be levied on the first day of January of the year following the year in which the question of the replacement is submitted to and approved by the electors of the school district or on the first day of January of a later year, as specified in the resolution. The date of the election shall be the date of an otherwise scheduled primary, general, or special election.
The board of elections shall make arrangements to submit the question of the replacement to the electors of the school district on the date specified in the resolution. The board of elections shall publish notice of the election on the question of the replacement in one or more newspapers of general circulation in the school district once a week for four consecutive weeks. The notice shall set forth the question to be submitted to the electors and the time and place of the election thereon.
The question shall be submitted to the electors of the school district as a separate proposition, but may be printed on the same ballot with other propositions that are submitted at the same election, other than the election of officers. The form of the ballot shall be substantially as follows:
"Shall the existing tax of ..... (state the rate) on the school district income of individuals and estates imposed by ..... (state the name of the school district) be replaced by a tax of ..... (state the rate) on the earned income of individuals residing in the school district for ..... (state the number of years the tax is to be in effect or that it will be in effect for a continuing time), beginning ..... (state the date the new tax will take effect), for the purpose of ..... (state the specific school district purposes of the tax)? If the new tax is not approved, the existing tax will remain in effect under its original authority, for the remainder of its previously approved term.
|
|
For replacing the existing tax with the new tax |
|
|
|
Against replacing the existing tax with the new tax |
" |
The board of elections shall conduct and canvass the election in the same manner as regular elections in the school district for the election of county officers. The board shall certify the results of the election to the board of education and to the tax commissioner. If a majority of the electors voting on the question vote in favor of the replacement, the existing tax shall cease to be levied, and the replacement tax shall begin to be levied, on the date specified in the ballot question. If a majority of the electors voting on the question vote against the replacement, the existing tax shall continue to be levied under its original authority, for the remainder of its previously approved term.
A board of education may not submit The submission to the electors of the school district of the question of replacing a tax more than twice in a under this section is subject to the limitation under section 5705.214 of the Revised Code on the number of elections that may be held during any calendar year. If a board submits the question more than once, one of the elections at which the question is submitted shall be on the date of a general election.
If a board of education later intends to renew a replacement tax levied under this section, it shall repeat the procedure outlined in this section to do so, the replacement tax then being levied being the "existing tax" and the renewed replacement tax being the "replacement tax."
Sec. 5748.022. A majority of the members of a board of education of a school district levying a tax under section 5748.02 of the Revised Code may adopt a resolution reducing the rate of the tax by a multiple of one-fourth of one per cent.
The resolution shall set forth the current rate of the tax, the reduced rate of tax that results from adoption of the resolution, the purpose or purposes for which the tax is levied, the remaining number of years the tax will be levied or that it is levied for a continuing period of time, and the date on which the reduced tax rate shall take effect, which shall be the ensuing first day of January occurring at least sixty days after a copy of the resolution is certified to the tax commissioner.
Sec. 5749.02. (A) For the purpose of providing revenue to
administer the state's coal mining and reclamation regulatory
program, to meet the environmental and resource management needs
of this state, and to reclaim land affected by mining, an excise
tax is hereby levied on the privilege of engaging in the
severance of natural resources from the soil or water of this
state. The tax shall be imposed upon the severer and shall be:
(1) Ten cents per ton of coal;
(2) Four cents per ton of salt;
(3) Two cents per ton of limestone or dolomite;
(4) Two cents per ton of sand and gravel;
(5) Ten cents per barrel of oil;
(6) Two and one-half cents per thousand cubic feet of
natural gas;
(7) One cent per ton of clay, sandstone or conglomerate,
shale, gypsum, or quartzite;
(8) Except as otherwise provided in this division or in rules adopted by the reclamation forfeiture fund advisory board under section 1513.182 of the Revised Code, an additional fourteen cents per ton of coal produced from an area under a coal mining and reclamation permit issued under Chapter 1513. of the Revised Code for which the performance security is provided under division (C)(2) of section 1513.08 of the Revised Code. If Beginning July 1, 2007, if at the end of a fiscal biennium the balance of the reclamation forfeiture fund created in section 1513.18 of the Revised Code is equal to or greater than ten million dollars, the rate levied shall be twelve cents per ton. If Beginning July 1, 2007, if at the end of a fiscal biennium the balance of the fund is at least five million dollars, but less than ten million dollars, the rate levied shall be fourteen cents per ton. If Beginning July 1, 2007, if at the end of a fiscal biennium the balance of the fund is less than five million dollars, the rate levied shall be sixteen cents per ton. Not Beginning July 1, 2009, not later than thirty days after the close of a fiscal biennium, the chief of the division of mineral resources management shall certify to the tax commissioner the amount of the balance of the reclamation forfeiture fund as of the close of the fiscal biennium. Any necessary adjustment of the rate levied shall take effect on the first day of the following January and shall remain in effect during the calendar biennium that begins on that date.
(9) An additional one and two-tenths cents per ton of coal mined by surface mining methods.
(B) Of the moneys received by the treasurer of state from
the tax levied in division (A)(1) of this section, four and seventy-six-hundredths per cent shall be credited to the geological mapping
fund created in section 1505.09 of the Revised Code, eighty and ninety-five-hundredths per cent shall be credited to the
coal mining administration and reclamation reserve fund created
in section 1513.181 of the Revised Code, and fourteen and twenty-nine-hundredths per cent shall
be credited to the unreclaimed lands fund created in section
1513.30 of the Revised Code.
Fifteen per cent of the moneys received by the treasurer of
state from the tax levied in division (A)(2) of this section
shall be credited to the geological mapping fund and the
remainder shall be credited to the unreclaimed lands fund.
Of the moneys received by the treasurer of state from the
tax levied in divisions (A)(3) and (4) of this section, seven and
five-tenths per cent shall be credited to the geological mapping
fund, forty-two and five-tenths per cent shall be credited to the
unreclaimed lands fund, and the remainder shall be credited to
the surface mining fund created in section
1514.06 of the Revised Code.
Of the moneys received by the treasurer of state from the
tax levied in divisions (A)(5) and (6) of this section,
ninety per cent shall be credited to the oil and gas well
fund created in section 1509.02 of
the Revised Code and ten per cent shall be credited to the
geological mapping fund. All of the
moneys received by the treasurer of state from the tax levied in
division (A)(7) of this section shall be credited to the surface
mining fund.
All of the moneys received by the treasurer of state from the tax levied in division (A)(8) of this section shall be credited to the reclamation forfeiture fund.
All of the moneys received by the treasurer of state from the tax levied in division (A)(9) of this section shall be credited to the unreclaimed lands fund.
(C) When, at the close of any fiscal year, the chief finds that
the balance of the reclamation
forfeiture fund, plus estimated transfers
to it from the coal mining administration and reclamation reserve fund under
section 1513.181 of the Revised Code, plus the estimated revenues
from the tax levied by division (A)(8) of this section for the remainder of the
calendar year that includes the close of the fiscal year, are
sufficient to complete the reclamation of lands for which the performance security has been provided under division (C)(2) of section 1513.08 of the Revised Code, the
purposes for which the tax under division (A)(8) of this section is levied shall be
deemed accomplished at the end of that calendar year. The chief,
within thirty days after the close of the fiscal year,
shall certify those findings to the tax commissioner, and
the tax levied under division (A)(8) of this section shall
cease to be imposed after the last day of that calendar year on coal produced under a coal mining and reclamation permit issued under Chapter 1513. of the Revised Code if the permittee has made tax payments under division (A)(8) of this section during each of the preceding five full calendar years. Not later than thirty days after the close of a fiscal year, the chief shall certify to the tax commissioner the identity of any permittees who accordingly no longer are required to pay the tax levied under division (A)(8) of this section.
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of the Revised Code:
(1) "School district," "joint vocational school district," "local taxing unit," "state education aid," "recognized valuation," "fixed-rate levy," and "fixed-sum levy" have the same meanings as used in section 5727.84 of the Revised Code.
(2) "State education aid" for a school district means the sum of state aid amounts computed for the district under division (A) of section 3317.022 of the Revised Code, including the amounts calculated under sections 3317.029 and 3317.0217 of the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions (B), (C), and (D) of section 3317.023; divisions (L) and (N) of section 3317.024; section 3317.0216; and any unit payments for gifted student services paid under sections 3317.05, 3317.052, and 3317.053 of the Revised Code; except that, for fiscal years 2008 and 2009, the amount computed for the district under Section 269.20.80 of H.B. 119 of the 127th general assembly and as that section subsequently may be amended shall be substituted for the amount computed under division (D) of section 3317.022 of the Revised Code, and the amount computed under Section 269.30.80 of H.B. 119 of the 127th general assembly and as that section subsequently may be amended shall be included.
(3) "State education aid" for a joint vocational school district means the sum of the state aid computed for the district under division (N) of section 3317.024 and section 3317.16 of the Revised Code, except that, for fiscal years 2008 and 2009, the amount computed under Section 269.30.80 of H.B. 119 of the 127th general assembly and as that section subsequently may be amended shall be included.
(4) "State education aid offset" means the amount determined for each school district or joint vocational school district under division (A)(1) of section 5751.21 of the Revised Code.
(3)(5) "Machinery and equipment property tax value loss" means the amount determined under division (C)(1) of this section.
(4)(6) "Inventory property tax value loss" means the amount determined under division (C)(2) of this section.
(5)(7) "Furniture and fixtures property tax value loss" means the amount determined under division (C)(3) of this section.
(6)(8)
"Machinery and equipment fixed-rate levy loss" means the amount determined under division (D)(1) of this section.
(7)(9) "Inventory fixed-rate levy loss" means the amount determined under division (D)(2) of this section.
(8)(10) "Furniture and fixtures fixed-rate levy loss" means the amount determined under division (D)(3) of this section.
(9)(11) "Total fixed-rate levy loss" means the sum of the machinery and equipment fixed-rate levy loss, the inventory fixed-rate levy loss, the furniture and fixtures fixed-rate levy loss, and the telephone company fixed-rate levy loss.
(10)(12)
"Fixed-sum levy loss" means the amount determined under division (E) of this section.
(11)(13) "Machinery and equipment" means personal property subject to the assessment rate specified in division (F) of section 5711.22 of the Revised Code.
(12)(14) "Inventory" means personal property subject to the assessment rate specified in division (E) of section 5711.22 of the Revised Code.
(13)(15) "Furniture and fixtures" means personal property subject to the assessment rate specified in division (G) of section 5711.22 of the Revised Code.
(14)(16) "Qualifying levies" are levies in effect for tax year 2004 or applicable to tax year 2005 or approved at an election conducted before September 1, 2005. For the purpose of determining the rate of a qualifying levy authorized by section 5705.212 or 5705.213 of the Revised Code, the rate shall be the rate that would be in effect for tax year 2010.
(15)(17) "Telephone property" means tangible personal property of a telephone, telegraph, or interexchange telecommunications company subject to an assessment rate specified in section 5727.111 of the Revised Code in tax year 2004.
(16)(18) "Telephone property tax value loss" means the amount determined under division (C)(4) of this section.
(17)(19) "Telephone property fixed-rate levy loss" means the amount determined under division (D)(4) of this section.
(B) The commercial activities tax receipts fund is hereby created in the state treasury and shall consist of money arising from the tax imposed under this chapter. All money in that fund shall be credited for each fiscal year in the following percentages to the general revenue fund, to the school district tangible property tax replacement fund, which is hereby created in the state treasury for the purpose of making the payments described in section 5751.21 of the Revised Code, and to the local government tangible property tax replacement fund, which is hereby created in the state treasury for the purpose of making the payments described in section 5751.22 of the Revised Code, in the following percentages:
Fiscal year |
General Revenue Fund |
School District Tangible Property Tax Replacement Fund |
Local Government Tangible Property Tax Replacement Fund |
2006 |
67.7% |
22.6% |
9.7% |
2007 |
0% |
70.0% |
30.0% |
2008 |
0% |
70.0% |
30.0% |
2009 |
0% |
70.0% |
30.0% |
2010 |
0% |
70.0% |
30.0% |
2011 |
0% |
70.0% |
30.0% |
2012 |
5.3% |
70.0% |
24.7% |
2013 |
19.4 10.6% |
70.0% |
10.6 19.4% |
2014 |
14.1% |
70.0% |
15.9% |
2015 |
17.6% |
70.0% |
12.4% |
2016 |
21.1% |
70.0% |
8.9% |
2017 |
24.6% |
70.0% |
5.4% |
2018 |
28.1% |
70.0% |
1.9% |
2019 and thereafter |
100% 30% |
0% 70% |
0% |
(C) Not later than September 15, 2005, the tax commissioner shall determine for each school district, joint vocational school district, and local taxing unit its machinery and equipment, inventory property, furniture and fixtures property, and telephone property tax value losses, which are the applicable amounts described in divisions (C)(1), (2), (3), and (4) of this section, except as provided in division (C)(5) of this section:
(1) Machinery and equipment property tax value loss is the taxable value of machinery and equipment property as reported by taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, thirty-three and eight-tenths per cent;
(b) For tax year 2007, sixty-one and three-tenths per cent;
(c) For tax year 2008, eighty-three per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
(2) Inventory property tax value loss is the taxable value of inventory property as reported by taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, a fraction, the numerator of which is five and three-fourths and the denominator of which is twenty-three;
(b) For tax year 2007, a fraction, the numerator of which is nine and one-half and the denominator of which is twenty-three;
(c) For tax year 2008, a fraction, the numerator of which is thirteen and one-fourth and the denominator of which is twenty-three;
(d) For tax year 2009 and thereafter a fraction, the numerator of which is seventeen and the denominator of which is twenty-three.
(3) Furniture and fixtures property tax value loss is the taxable value of furniture and fixture property as reported by taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, twenty-five per cent;
(b) For tax year 2007, fifty per cent;
(c) For tax year 2008, seventy-five per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
The taxable value of property reported by taxpayers used in divisions (C)(1), (2), and (3) of this section shall be such values as determined to be final by the tax commissioner as of August 31, 2005. Such determinations shall be final except for any correction of a clerical error that was made prior to August 31, 2005, by the tax commissioner.
(4) Telephone property tax value loss is the taxable value of telephone property as taxpayers would have reported that property for tax year 2004 if the assessment rate for all telephone property for that year were twenty-five per cent, multiplied by:
(a) For tax year 2006, zero per cent;
(b) For tax year 2007, zero per cent;
(c) For tax year 2008, zero per cent;
(d) For tax year 2009, sixty per cent;
(e) For tax year 2010, eighty per cent;
(f) For tax year 2011 and thereafter, one hundred per cent.
(5) Division (C)(5) of this section applies to any school district, joint vocational school district, or local taxing unit in a county in which is located a facility currently or formerly devoted to the enrichment or commercialization of uranium or uranium products, and for which the total taxable value of property listed on the general tax list of personal property for any tax year from tax year 2001 to tax year 2004 was fifty per cent or less of the taxable value of such property listed on the general tax list of personal property for the next preceding tax year.
In computing the fixed-rate levy losses under divisions (D)(1), (2), and (3) of this section for any school district, joint vocational school district, or local taxing unit to which division (C)(5) of this section applies, the taxable value of such property as listed on the general tax list of personal property for tax year 2000 shall be substituted for the taxable value of such property as reported by taxpayers for tax year 2004, in the taxing district containing the uranium facility, if the taxable value listed for tax year 2000 is greater than the taxable value reported by taxpayers for tax year 2004. For the purpose of making the computations under divisions (D)(1), (2), and (3) of this section, the tax year 2000 valuation is to be allocated to machinery and equipment, inventory, and furniture and fixtures property in the same proportions as the tax year 2004 values. For the purpose of the calculations in division (A) of section 5751.21 of the Revised Code, the tax year 2004 taxable values shall be used.
To facilitate the calculations required under division (C) of this section, the county auditor, upon request from the tax commissioner, shall provide by August 1, 2005, the values of machinery and equipment, inventory, and furniture and fixtures for all single-county personal property taxpayers for tax year 2004.
(D) Not later than September 15, 2005, the tax commissioner shall determine for each tax year from 2006 through 2009 for each school district, joint vocational school district, and local taxing unit its machinery and equipment, inventory, and furniture and fixtures fixed-rate levy losses, and for each tax year from 2006 through 2011 its telephone property fixed-rate levy loss, which are the applicable amounts described in divisions (D)(1), (2), (3), and (4) of this section:
(1) The machinery and equipment fixed-rate levy loss is the machinery and equipment property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(2) The inventory fixed-rate loss is the inventory property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(3) The furniture and fixtures fixed-rate levy loss is the furniture and fixture property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(4) The telephone property fixed-rate levy loss is the telephone property tax value loss multiplied by the sum of the tax rates of fixed-rate qualifying levies.
(E)
Not later than September 15, 2005, the tax commissioner shall determine for each school district, joint vocational school district, and local taxing unit its fixed-sum levy loss. The fixed-sum levy loss is the amount obtained by subtracting the amount described in division (E)(2) of this section from the amount described in division (E)(1) of this section:
(1) The sum of the machinery and equipment property tax value loss, the inventory property tax value loss, and the furniture and fixtures property tax value loss, and, for 2008 through 2017 the telephone property tax value loss of the district or unit multiplied by the sum of the fixed-sum tax rates of qualifying levies. For 2006 through 2010, this computation shall include all qualifying levies remaining in effect for the current tax year and any school district emergency levies that are qualifying levies not remaining in effect for the current year. For 2011 through 2017 in the case of school district emergency levies and for all years after 2010 in the case of other fixed-sum levies, this computation shall include only qualifying levies remaining in effect for the current year. For purposes of this computation, a qualifying school district emergency levy remains in effect in a year after 2010 only if, for that year, the board of education levies a school district emergency levy for an annual sum at least equal to the annual sum levied by the board in tax year 2004 less the amount of the payment certified under this division for 2006.
(2) The total taxable value in tax year 2004 less the sum of the machinery and equipment, inventory, furniture and fixtures, and telephone property tax value losses in each school district, joint vocational school district, and local taxing unit multiplied by one-half of one mill per dollar.
(3) For the calculations in divisions (E)(1) and (2) of this section, the tax value losses are those that would be calculated for tax year 2009 under divisions (C)(1), (2), and (3) of this section and for tax year 2011 under division (C)(4) of this section.
(4) To facilitate the calculation under divisions (D) and (E) of this section, not later than September 1, 2005, any school district, joint vocational school district, or local taxing unit that has a qualifying levy that was approved at an election conducted during 2005 before September 1, 2005, shall certify to the tax commissioner a copy of the county auditor's certificate of estimated property tax millage for such levy as required under division (B) of section 5705.03 of the Revised Code, which is the rate that shall be used in the calculations under such divisions.
If the amount determined under division (E) of this section for any school district, joint vocational school district, or local taxing unit is greater than zero, that amount shall equal the reimbursement to be paid pursuant to division (D) of section 5751.21 or division (A)(3) of section 5751.22 of the Revised Code, and the one-half of one mill that is subtracted under division (E)(2) of this section shall be apportioned among all contributing fixed-sum levies in the proportion that each levy bears to the sum of all fixed-sum levies within each school district, joint vocational school district, or local taxing unit.
(F) Not later than October 1, 2005, the tax commissioner shall certify to the department of education for every school district and joint vocational school district the machinery and equipment, inventory, furniture and fixtures, and telephone property tax value losses determined under division (C) of this section, the machinery and equipment, inventory, furniture and fixtures, and telephone fixed-rate levy losses determined under division (D) of this section, and the fixed-sum levy losses calculated under division (E) of this section. The calculations under divisions (D) and (E) of this section shall separately display the levy loss for each levy eligible for reimbursement.
(G) Not later than October 1, 2005, the tax commissioner shall certify the amount of the fixed-sum levy losses to the county auditor of each county in which a school district, joint vocational school district, or local taxing unit with a fixed-sum levy loss reimbursement has territory.
Sec. 5751.21. (A) Not later than the thirty-first fifteenth day of July of 2007 through 2017, the department of education shall consult with the director of budget and management and determine the following for each school district and each joint vocational school district eligible for payment under division (B) of this section:
(1) The state education aid offset, which is the difference obtained by subtracting the amount described in division (A)(1)(b) of this section from the amount described in division (A)(1)(a) of this section:
(a) The state education aid computed for the school district or joint vocational school district for the current fiscal year as of the thirty-first fifteenth day of July;
(b) The state education aid that would be computed for the school district or joint vocational school district for the current fiscal year as of the thirty-first fifteenth day of July if the recognized valuation included the machinery and equipment, inventory, furniture and fixtures, and telephone property tax value losses for the school district or joint vocational school district for the second preceding tax year.
(2) The greater of zero or the difference obtained by subtracting the state education aid offset determined under division (A)(1) of this section from the sum of the machinery and equipment fixed-rate levy loss, the inventory fixed-rate levy loss, furniture and fixtures fixed-rate levy loss, and telephone property fixed-rate levy loss certified under division (F) of section 5751.20 of the Revised Code for all taxing districts in each school district and joint vocational school district for the second preceding tax year.
By the fifth twentieth day of August July of each such year, the department of education and the director of budget and management shall certify agree upon the amount so to be determined under division (A)(1) of this section to the director of budget and management.
(B) The department of education shall pay from the school district tangible property tax replacement fund to each school district and joint vocational school district all of the following for fixed-rate levy losses certified under division (F) of section 5751.20 of the Revised Code:
(1) On or before May 31, 2006, one-seventh of the total fixed-rate levy loss for tax year 2006;
(2) On or before August 31, 2006, and October 31, 2006, one-half of six-sevenths of the total fixed-rate levy loss for tax year 2006;
(3) On or before May 31, 2007, one-seventh of the total fixed-rate levy loss for tax year 2007;
(4) On or before August 31, 2007, and October 31, 2007, forty-three per cent of the amount determined under division (A)(2) of this section for fiscal year 2008, but not less than zero, plus one-half of six-sevenths of the difference between the total fixed-rate levy loss for tax year 2007 and the total fixed-rate levy loss for tax year 2006.
(5) On or before May 31, 2008, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2008, but not less than zero, plus one-seventh of the difference between the total fixed-rate levy loss for tax year 2008 and the total fixed-rate levy loss for tax year 2006.
(6) On or before August 31, 2008, and October 31, 2008, forty-three per cent of the amount determined under division (A)(2) of this section for fiscal year 2009, but not less than zero, plus one-half of six-sevenths of the difference between the total fixed-rate levy loss in tax year 2008 and the total fixed-rate levy loss in tax year 2007.
(7) On or before May 31, 2009, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2009, but not less than zero, plus one-seventh of the difference between the total fixed-rate levy loss for tax year 2009 and the total fixed-rate levy loss for tax year 2007.
(8) On or before August 31, 2009, and October 31, 2009, forty-three per cent of the amount determined under division (A)(2) of this section for fiscal year 2010, but not less than zero, plus one-half of six-sevenths of the difference between the total fixed-rate levy loss in tax year 2009 and the total fixed-rate levy loss in tax year 2008.
(9) On or before May 31, 2010, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2010, but not less than zero, plus one-seventh of the difference between the total fixed-rate levy loss in tax year 2010 and the total fixed-rate levy loss in tax year 2008.
(10) On or before August 31, 2010, and October 31, 2010, one-third forty-three per cent of the amount determined under division (A)(2) of this section for fiscal year 2011, but not less than zero, plus one-half of six-sevenths of the difference between the telephone property fixed-rate levy loss for tax year 2010 and the telephone property fixed-rate levy loss for tax year 2009.
(11) On or before May 31, 2011, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2011, but not less than zero, plus one-seventh of the difference between the telephone property fixed-rate levy loss for tax year 2011 and the telephone property fixed-rate levy loss for tax year 2009.
(12) On or before August 31, 2011, and October 31, 2011, and May 31, 2012, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is fourteen and the denominator of which is seventeen, but not less than zero, multiplied by one-third forty-three per cent, plus one-half of six-sevenths of the difference between the telephone property fixed-rate levy loss for tax year 2011 and the telephone property fixed-rate levy loss for tax year 2010.
(13) On or before May 31, 2012, fourteen per cent of the amount determined under division (A)(2) of this section for fiscal year 2012, multiplied by a fraction, the numerator of which is fourteen and the denominator of which is seventeen, plus one-seventh of the difference between the telephone property fixed-rate levy loss for tax year 2011 and the telephone property fixed-rate levy loss for tax year 2010.
(14) On or before August 31, 2012, October 31, 2012, and May 31, 2013, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is eleven and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(15) On or before August 31, 2013, October 31, 2013, and May 31, 2014, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is nine and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(16) On or before August 31, 2014, October 31, 2014, and May 31, 2015, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is seven and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(17) On or before August 31, 2015, October 31, 2015, and May 31, 2016, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is five and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(18) On or before August 31, 2016, October 31, 2016, and May 31, 2017, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is three and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(19) On or before August 31, 2017, October 31, 2017, and May 31, 2018, the amount determined under division (A)(2) of this section multiplied by a fraction, the numerator of which is one and the denominator of which is seventeen, but not less than zero, multiplied by one-third.
(20) After May 31, 2018, no payments shall be made under this section.
The department of education shall report to each school district and joint vocational school district the apportionment of the payments among the school district's or joint vocational school district's funds based on the certifications under division (F) of section 5751.20 of the Revised Code.
Any qualifying levy that is a fixed-rate levy that is not applicable to a tax year after 2010 does not qualify for any reimbursement after the tax year to which it is last applicable.
(C) For taxes levied within the ten-mill limitation for debt purposes in tax year 2005, payments shall be made equal to one hundred per cent of the loss computed as if the tax were a fixed-rate levy, but those payments shall extend from fiscal year 2006 through fiscal year 2018, as long as the qualifying levy continues to be used for debt purposes. If the purpose of such a qualifying levy is changed, that levy becomes subject to the payments determined in division (B) of this section.
(D)(1) Not later than January 1, 2006, for each fixed-sum levy of each school district or joint vocational school district and for each year for which a determination is made under division (F) of section 5751.20 of the Revised Code that a fixed-sum levy loss is to be reimbursed, the tax commissioner shall certify to the department of education the fixed-sum levy loss determined under that division. The certification shall cover a time period sufficient to include all fixed-sum levies for which the commissioner made such a determination. The department shall pay from the school district property tax replacement fund to the school district or joint vocational school district one-third of the fixed-sum levy loss so certified for each year on or before the last day of May, August, and October of the current year.
(2) Beginning in 2006, by the first day of January of each year, the tax commissioner shall review the certification originally made under division (D)(1) of this section. If the commissioner determines that a debt levy that had been scheduled to be reimbursed in the current year has expired, a revised certification for that and all subsequent years shall be made to the department of education.
(E) Beginning in September 2007 and through June 2018, the director of budget and management shall transfer from the school district tangible property tax replacement fund to the general revenue fund each of the following:
(1) On the first day of September, the lesser of one-fourth of the amount certified determined for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund;
(2) On the first day of December, the lesser of one-fourth of the amount certified determined for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund;
(3) On the first day of March, the lesser of one-fourth of the amount certified determined for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund;
(4) On the first day of June, the lesser of one-fourth of the amount certified determined for that fiscal year under division (A)(1) of this section or the balance in the school district tangible property tax replacement fund.
If, when a transfer is required under division (E)(1), (2), (3), or (4) of this section, there is not sufficient money in the school district tangible property tax replacement fund to make the transfer in the required amount, the director shall transfer the balance in the fund to the general revenue fund and may make additional transfers on later dates as determined by the director in a total amount that does not exceed one-fourth of the amount determined for the fiscal year.
(F) For each of the fiscal years 2006 through 2018, if the total amount in the school district tangible property tax replacement fund is insufficient to make all payments under divisions (B), (C), and (D) of this section at the times the payments are to be made, the director of budget and management shall transfer from the general revenue fund to the school district tangible property tax replacement fund the difference between the total amount to be paid and the amount in the school district tangible property tax replacement fund. For each fiscal year after 2018, at the time payments under division (D) of this section are to be made, the director of budget and management shall transfer from the general revenue fund to the school district property tax replacement fund the amount necessary to make such payments.
(G)(1) On the fifteenth day of June of 2006 through 2011, the director of budget and management may transfer any balance in the school district tangible property tax replacement fund to the general revenue fund. At the end of fiscal years 2012 through 2018, any balance in the school district tangible property tax replacement fund shall remain in the fund to be used in future fiscal years for school purposes.
(2) In each fiscal year beginning with fiscal year 2019, all amounts credited to the school district tangible personal property tax replacement fund shall be appropriated for school purposes.
(H) If all of the territory of a school district or joint vocational school district is merged with another district, or if a part of the territory of a school district or joint vocational school district is transferred to an existing or newly created district, the department of education, in consultation with the tax commissioner, shall adjust the payments made under this section as follows:
(1) For a merger of two or more districts, the machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses and the fixed-sum levy losses of the successor district shall be equal to the sum of the machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses and debt levy losses as determined in section 5751.20 of the Revised Code, for each of the districts involved in the merger.
(2) If property is transferred from one district to a previously existing district, the amount of machinery and equipment, inventory, furniture and fixtures, and telephone property tax value losses and fixed-rate levy losses that shall be transferred to the recipient district shall be an amount equal to the total machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses times a fraction, the numerator of which is the value of business tangible personal property on the land being transferred in the most recent year for which data are available, and the denominator of which is the total value of business tangible personal property in the district from which the land is being transferred in the most recent year for which data are available. For each of the first five years after the property is transferred, but not after fiscal year 2012, if the tax rate in the recipient district is less than the tax rate of the district from which the land was transferred, one-half of the payments arising from the amount of fixed-rate levy losses so transferred to the recipient district shall be paid to the recipient district and one-half of the payments arising from the fixed-rate levy losses so transferred shall be paid to the district from which the land was transferred. Fixed-rate levy losses so transferred shall be computed on the basis of the sum of the rates of fixed-rate qualifying levies of the district from which the land was transferred, notwithstanding division (D) of this section.
(3) After December 31, 2004, if property is transferred from one or more districts to a district that is newly created out of the transferred property, the newly created district shall be deemed not to have any machinery and equipment, inventory, furniture and fixtures, or telephone property fixed-rate levy losses and the districts from which the property was transferred shall have no reduction in their machinery and equipment, inventory, furniture and fixtures, and telephone property fixed-rate levy losses.
(4) If the recipient district under division (H)(2) of this section or the newly created district under divisions (H)(3) of this section is assuming debt from one or more of the districts from which the property was transferred and any of the districts losing the property had fixed-sum levy losses, the department of education, in consultation with the tax commissioner, shall make an equitable division of the fixed-sum levy loss reimbursements.
Sec. 5751.23. (A) As used in this section:
(1) "Administrative fees" means the dollar percentages allowed by the county auditor for services or by the county treasurer as fees, or paid to the credit of the real estate assessment fund, under divisions (A) and (B)(C) of section 319.54 and division (A) of section 321.26 of the Revised Code.
(2) "Administrative fee loss" means a county's loss of administrative fees due to its tax value loss, determined as follows:
(a) For purposes of the determination made under division (B) of this section in the years 2006 through 2010, the administrative fee loss shall be computed by multiplying the amounts determined for all taxing districts in the county under divisions (D) and (E) of section 5751.20 of the Revised Code by nine thousand six hundred fifty-nine ten-thousandths of one per cent if total taxes collected in the county in 2004 exceeded one hundred fifty million dollars, or one and one thousand one hundred fifty-nine ten-thousandths of one per cent if total taxes collected in the county in 2004 were one hundred fifty million dollars or less;
(b) For purposes of the determination under division (B) of this section in the years after 2010, the administrative fee losses shall be determined by multiplying the administrative fee losses calculated for 2010 by the fractions in divisions (A)(1)(b) to (i) of section 5751.22 of the Revised Code.
(3) "Total taxes collected" means all money collected on any tax duplicate of the county, other than the estate tax duplicates. "Total taxes collected" does not include amounts received pursuant to divisions (F) and (G) of section 321.24 or section 323.156 of the Revised Code.
(B) Not later than December 31, 2005, the tax commissioner shall certify to each county auditor the tax levy losses calculated under divisions (D) and (E) of section 5751.20 of the Revised Code for each school district, joint vocational school district, and local taxing unit in the county. Not later than the thirty-first day of January of 2006 through 2017, the county auditor shall determine the administrative fee loss for the county and apportion that loss ratably among the school districts, joint vocational school districts, and local taxing units on the basis of the tax levy losses certified under this division.
(C) On or before each of the days prescribed for the settlements under divisions (A) and (C) of section 321.24 of the Revised Code in the years 2006 through 2017, the county treasurer shall deduct one-half of the amount apportioned to each school district, joint vocational school district, and local taxing unit from the portions of revenue payable to them.
(D) On or before each of the days prescribed for settlements under divisions (A) and (C) of section 321.24 of the Revised Code in the years 2006 through 2017, the county auditor shall cause to be deposited an amount equal to one-half of the amount of the administrative fee loss in the same funds as if allowed as administrative fees.
Sec. 5907.15. There is hereby created in the state treasury
the
Ohio veterans'
homes rental, and service, and medicare
reimbursement fund.
Revenue generated from temporary use
agreements of
a veterans' home, from the sale of
meals at
a home's dining halls, and from rental, lease, or sharing agreements
for the use of facilities, supplies, equipment, utilities, or
services
provided by
a home, and from medicare reimbursements
shall be credited to
the fund. The fund shall be used only for
maintenance costs of the
homes and for the purchase of
medications, medication services, medical
supplies, and medical equipment by the
homes.
Sec. 5907.16. There is hereby created in the state treasury the medicare services fund. Revenue from federal reimbursement of medicare services that were provided at state veterans' homes shall be credited to the fund. The fund shall be used for paying the operating costs of the state veterans' homes.
Sec. 6109.21. (A) Except as provided in divisions (D)
and
(E) of this section, on and after January 1, 1994, no person
shall
operate or maintain a public water system in this state
without a
license issued by the director of environmental
protection. A
person who operates or maintains a public water
system on January
1, 1994, shall obtain an initial license under
this section in
accordance with the following schedule:
(1) If the public water system is a community water
system,
not later than January 31, 1994;
(2) If the public water system is not a community water
system and serves a nontransient population, not later than
January 31, 1994;
(3) If the public water system is not a community water
system and serves a transient population, not later than January
31, 1995.
A person proposing to operate or maintain a new public
water
system after January 1, 1994, in addition to complying with
section 6109.07 of the Revised Code and rules adopted under it,
shall submit an application for an initial license under this
section to the director prior to commencing operation of the
system.
A license or license renewal issued under this section
shall
be renewed annually. Such a license or license renewal
shall
expire on the thirtieth day of January in the year
following its
issuance. A license holder that proposes to
continue operating
the public water system for which the license
or license renewal
was issued shall apply for a license renewal
at least thirty days
prior to that expiration date.
The director shall adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code establishing
procedures governing and information to be included on
applications for licenses and license renewals under this
section.
Through June 30,
2008 2010, each application shall
be accompanied
by
the appropriate fee established under division
(M) of section
3745.11 of the Revised Code, provided that an
applicant for an
initial license who is proposing to operate or
maintain a new
public water system after January 1, 1994, shall
submit a fee that
equals a prorated amount of the appropriate fee
established under
that division for the remainder of the
licensing year.
(B) Not later than thirty days after receiving a completed
application and the appropriate license fee for an initial
license
under division (A) of this section, the director shall
issue the
license for the public water system. Not later than
thirty days
after receiving a completed application and the
appropriate
license fee for a license renewal under division (A)
of this
section, the director shall do one of the following:
(1) Issue the license renewal for the public water system;
(2) Issue the license renewal subject to terms and
conditions that the director determines are necessary to ensure
compliance with this chapter and rules adopted under it;
(3) Deny the license renewal if the director finds that the
public
water system was not operated in substantial compliance
with this
chapter and rules adopted under it.
(C) The director may suspend or revoke a license or
license
renewal issued under this section if the director finds that
the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it. The director shall
adopt, and may amend and rescind, rules in accordance with
Chapter
119. of the Revised Code governing such suspensions and
revocations.
(D)(1) As used in division (D) of this section,
"church"
means a fellowship of believers, congregation, society,
corporation,
convention, or association that is formed primarily
or exclusively for
religious purposes and that is not formed or
operated for the private profit
of any person.
(2) This section does not apply to a church that operates or
maintains a
public water system solely to provide water for that
church or for a
campground that is owned by the church and
operated primarily or exclusively
for members of the church and
their families. A church that,
on or before March 5, 1996, has
obtained a license
under this section for such a public water
system need not obtain a license
renewal under this section.
(E) This section does not apply to any public or nonpublic
school that meets minimum standards of the state board of
education that
operates or maintains a public water system solely
to provide water for that
school.
Sec. 6111.0381. There is hereby created in the state treasury the water quality protection fund. The fund shall consist of federal grants, including grants made pursuant to the Federal Water Pollution Control Act, and contributions made to the environmental protection agency for water quality protection and restoration. The director of environmental protection shall use money in the fund for water quality protection and restoration.
Sec. 6111.04. (A) Both of the following apply except as
otherwise provided in division (A) or (F) of this section:
(1) No person shall cause pollution or place or
cause to be
placed any sewage, sludge, sludge materials,
industrial waste, or
other wastes
in a location where they cause pollution of any
waters of the
state.
(2) Such an action prohibited under division (A)(1) of this
section is hereby declared to be a public
nuisance.
Divisions (A)(1) and (2) of this section do not apply if the
person causing pollution or placing or causing to be placed wastes
in a
location in which they cause pollution of any waters of the
state holds a
valid, unexpired permit,
or renewal of a permit,
governing the causing or
placement as provided in sections 6111.01
to 6111.08 of
the Revised Code or if the person's application for
renewal of such a permit is pending.
(B) If the director of environmental protection administers a sludge management program
pursuant to division (S) of section 6111.03 of the Revised Code,
both of the
following apply except as otherwise provided in
division (B) or
(F) of this
section:
(1) No person, in the course of sludge management, shall
place on land
located in the state or release into the air of the
state any sludge or sludge
materials.
(2) An action prohibited under division (B)(1) of this
section is
hereby declared to be a public nuisance.
Divisions (B)(1) and (2) of this section do not apply if the
person
placing or releasing the sludge or sludge materials holds a
valid, unexpired
permit, or renewal of a permit, governing the
placement or release as provided
in sections 6111.01 to 6111.08 of
the Revised Code or if the person's application for renewal
of
such a permit is pending.
(C) No person to whom a permit has been issued shall place
or
discharge, or cause to be placed or discharged, in any waters
of
the state any sewage, sludge, sludge materials, industrial
waste, or other wastes in excess of the permissive discharges
specified under
an existing permit without first receiving a
permit from
the director to do
so.
(D) No person to whom a sludge management permit has been
issued shall place on the land or release into the air of the
state any sludge or sludge materials in excess of the permissive
amounts specified under the existing sludge management permit
without first receiving a modification of the existing sludge
management
permit or a new sludge management permit to do so from
the
director.
(E) The director may require the submission of plans,
specifications, and other information that the director
considers
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following:
(1) Waters used in washing sand, gravel, other aggregates,
or mineral products when the washing and the
ultimate disposal
of
the water used in the washing, including any sewage,
industrial
waste, or other wastes contained in the waters,
are
entirely
confined to the land under the control of the person
engaged in
the recovery and processing of the sand, gravel,
other aggregates,
or mineral products and do not result in the
pollution of waters
of the state;
(2) Water, gas, or other material injected into a well to
facilitate, or that is incidental to, the production of
oil,
gas,
artificial brine, or water derived in association with oil
or gas
production and disposed of in a well, in compliance with a
permit
issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. Division
(F)(2)
of this section does not
authorize, without a permit, any
discharge that
is prohibited by, or for which a permit is required
by,
regulation of the United States environmental protection
agency.
(3) Application of any materials to land for agricultural
purposes or runoff of the materials from
that application or
pollution by animal waste or soil sediment, including attached
substances, resulting from farming, silvicultural, or earthmoving
activities regulated by Chapter 307. or 1511. of the Revised
Code. Division (F)(3) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, the Federal Water Pollution Control Act or regulations adopted under it.
(4) The excrement of domestic and farm animals defecated
on
land or runoff therefrom into any waters of the state. Division (F)(4) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, the Federal Water Pollution Control Act or regulations adopted under it.
(5) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, any discharge that is within the scope of the approved NPDES program submitted by the director of agriculture;
(6) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
Division (F)(6) of this section does not
authorize any discharge
into a publicly
owned treatment works in violation of a
pretreatment program
applicable to the publicly owned treatment
works.
(7) A household sewage treatment system or a small flow on-site sewage treatment system, as applicable, as defined in section 3718.01 of the Revised Code that is installed Septic tanks or other disposal systems for the disposal or treatment of sewage from single-family, two-family, or three-family dwellings in compliance with Chapter 3718. the sanitary code and section 3707.01 of the Revised Code and rules adopted under it. Division (F)(7)
of this
section does not
authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation
of the United States environmental protection agency.
(8) Exceptional quality sludge generated outside of this
state and
contained in bags or other containers not greater than
one hundred pounds in
capacity. As used in division (F)(8) of
this section, "exceptional
quality sludge" has the same meaning as
in division (Y) of section
3745.11 of the Revised Code.
(G) The holder of a permit issued under section 402 (a) of
the
Federal Water Pollution Control Act need not obtain a permit
for a discharge authorized by the permit until its
expiration
date. Except as otherwise provided in this division, the director of environmental protection shall
administer
and enforce those permits
within this state and may
modify
their terms and conditions in
accordance with division
(J) of section 6111.03 of the Revised
Code. On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture under section 903.08 of the Revised Code, the director of agriculture shall administer and enforce those permits within this state that are issued for any discharge that is within the scope of the approved NPDES program submitted by the director of agriculture.
Sec. 6111.44. (A) Except as otherwise provided in division
(B) of this section, in section
6111.14 of the Revised Code, or in
rules adopted under division
(G) of section 6111.03 of the Revised
Code, no municipal
corporation, county, public institution,
corporation, or officer
or employee thereof or other person shall
provide or install
sewerage or treatment works for sewage, sludge,
or sludge
materials disposal or treatment or make a change
in any
sewerage or treatment works until the plans
therefor have been
submitted to and approved by the director of
environmental
protection. Sections 6111.44 to 6111.46 of the
Revised Code apply
to sewerage and treatment works of
a municipal corporation or part
thereof, an unincorporated
community, a county sewer district, or
other land outside of a
municipal corporation or any publicly or
privately owned building
or group of buildings or place, used for
the assemblage,
entertainment, recreation, education, correction,
hospitalization, housing, or employment of persons.
In granting an approval, the director may stipulate
modifications, conditions, and
rules that the public health and
prevention of pollution may
require. Any action taken by the
director shall be a matter of
public record and shall be entered
in the director's
journal. Each period
of thirty days that a
violation of this section continues, after
a conviction for the
violation, constitutes a separate
offense.
(B) Sections 6111.45 and 6111.46 of
the Revised
Code and
division
(A) of this section do not
apply to any of the following:
(1) Sewerage or treatment works for sewage installed or
to
be installed for the use of a private residence or
dwelling;
(2) Sewerage systems,
treatment
works, or disposal systems for storm water from an
animal feeding
facility or manure, as "animal feeding facility"
and "manure" are
defined in section 903.01 of the Revised Code;
(3) Animal waste treatment or disposal works and related
management and conservation practices that are subject to rules
adopted under division (E)(2) of section 1511.02 of the
Revised
Code;
(4) Sewerage or treatment works for the on-lot disposal or treatment of sewage from a small flow on-site sewage treatment system, as defined in section 3718.01 of the Revised Code, if the board of health of a city or general health district has notified the director of health and the director of environmental protection under section 3718.021 of the Revised Code that the board has chosen to regulate the system, provided that the board remains in compliance with the rules adopted under division (A)(13) of section 3718.02 of the Revised Code.
The
exclusions established in divisions (B)(2) and (3) of
this section
do not apply to the construction or installation
of disposal
systems, as defined in section 6111.01 of the Revised
Code,
that
are located at an animal feeding facility and that
store, treat,
or discharge wastewaters that do not include storm
water or manure
or that discharge to a publicly owned treatment
works.
Sec. 6119.06. Upon the declaration of the court of common
pleas organizing the regional water and sewer district pursuant
to section 6119.04 of the Revised Code and upon the qualifying of
its board of trustees and the election of a president and a
secretary, said district shall exercise in its own name all the
rights, powers, and duties vested in it by Chapter 6119. of the
Revised Code, and, subject to such reservations, limitations and
qualifications as are set forth in this Chapter, such district
may:
(A) Adopt bylaws for the regulation of its affairs, the
conduct of its business, and notice of its actions;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at such
places within the district as it designates;
(D) Sue and plead in its own name; be sued and impleaded
in its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under sections 6119.09, 6119.12, and 6119.14 of the Revised Code.
Any such actions against the district shall be brought in the
court of common pleas of the county in which the principal office
of the district is located, or in the court of common pleas of
the county in which the cause of action arose, and all summonses,
exceptions, and notices of every kind shall be served on the
district by leaving a copy thereof at the principal office with
the person in charge thereof or with the secretary of the
district;.
(E) Assume any liability or obligation of any person or
political subdivision, including a right on the part of such
district to indemnify and save harmless the other contracting
party from any loss, cost, or liability by reason of the failure,
refusal, neglect, or omission of such district to perform any
agreement assumed by it or to act or discharge any such
obligation;
(F) Make loans and grants to political subdivisions for
the acquisition or construction of water resource projects by
such political subdivisions and adopt rules, regulations, and
procedures for making such loans and grants;
(G) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to or
from, or contract for operation by or for, a political
subdivision or person, water resource projects within or without
the district;
(H) Make available the use or service of any water
resource project to one or more persons, one or more political
subdivisions, or any combination thereof;
(I) Levy and collect taxes and special assessments;
(J) Issue bonds and notes and refunding bonds and notes as
provided in Chapter 6119. of the Revised Code;
(K) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of its powers and the
performance of its duties under Chapter 6119. of the Revised
Code;
(L) Dispose of, by public or private sale, or lease any
real or personal property determined by the board of trustees to
be no longer necessary or needed for the operation or purposes of
the district;
(M) Acquire, in the name of the district, by purchase or
otherwise, on such terms and in such manner as it considers
proper, or by the exercise of the right of condemnation in the
manner provided by section 6119.11 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
property, rights, easements, and interests as it considers
necessary for carrying out Chapter 6119. of the Revised Code, but
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management
facility owned by any person or political subdivision, and
compensation shall be paid for public or private lands so taken;
(N) Adopt rules and regulations to protect augmented flow
by the district in waters of the state, to the extent augmented
by a water resource project, from depletion so it will be
available for beneficial use, to provide standards for the
withdrawal from waters of the state of the augmented flow created
by a water resource project which is not returned to the waters
of the state so augmented, and to establish reasonable charges
therefor, if considered necessary by the district;
(O) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers under
Chapter 6119. of the Revised Code;
(P) Enter into contracts with any person or any political
subdivision to render services to such contracting party for any
service the district is authorized to provide;
(Q) Enter into agreements for grants or the receipt and repayment of loans from a board of township trustees under section 505.705 of the Revised Code;
(R) Make provision for, contract for, or sell any of its
by-products or waste;
(R)(S) Exercise the power of eminent domain in the manner
provided in Chapter 6119. of the Revised Code;
(S)(T) Remove or change the location of any fence, building,
railroad, canal, or other structure or improvement located in or
out of the district, and in case it is not feasible or economical
to move any such building, structure, or improvement situated in
or upon lands required, and if the cost is determined by the
board to be less than that of purchase or condemnation, to
acquire land and construct, acquire, or install therein or
thereon buildings, structures, or improvements similar in
purpose, to be exchanged for such buildings, structures, or
improvements under contracts entered into between the owner
thereof and the district;
(T)(U) Receive and accept, from any federal or state agency,
grants for or in aid of the construction of any water resource
project, and receive and accept aid or contributions from any
source of money, property, labor, or other things of value, to be
held, used, and applied only for the purposes for which such
grants and contributions are made;
(U)(V) Purchase fire and extended coverage and liability
insurance for any water resource project and for the principal
office and suboffices of the district, insurance protecting the
district and its officers and employees against liability for
damage to property or injury to or death of persons arising from
its operations, and any other insurance the district may agree to
provide under any resolution authorizing its water resource
revenue bonds or in any trust agreement securing the same;
(V)(W) Charge, alter, and collect rentals and other charges
for the use of services of any water resource project as provided
in section 6119.09 of the Revised Code. Such district may refuse
the services of any of its projects if any of such rentals or
other charges, including penalties for late payment, are not paid
by the user thereof, and, if such rentals or other charges are
not paid when due and upon certification of nonpayment to the
county auditor, such rentals or other charges constitute a lien
upon the property so served, shall be placed by him the auditor
upon the real
property tax list and duplicate, and shall be collected in the
same manner as other taxes;.
(W)(X) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(X)(Y) Merge or combine with any other regional water and
sewer district into a single district, which shall be one of the
constituent districts, on terms so that the surviving district
shall be possessed of all rights, capacity, privileges, powers,
franchises, and authority of the constituent districts and shall
be subject to all the liabilities, obligations, and duties of
each of the constituent districts and all rights of creditors of
such constituent districts shall be preserved unimpaired, limited
in lien to the property affected by such liens immediately prior
to the time of the merger and all debts, liabilities, and duties
of the respective constituent districts shall thereafter attach
to the surviving district and may be enforced against it, and
such other terms as are agreed upon, provided two-thirds of the
members of each of the boards consent to such merger or
combination. Such merger or combination shall become legally
effective unless, prior to the ninetieth day following the later
of the consents, qualified electors residing in either district
equal in number to a majority of the qualified electors voting at
the last general election in such district file with the
secretary of the board of trustees of their regional water and
sewer district a petition of remonstrance against such merger or
combination. The secretary shall cause the board of elections of
the proper county or counties to check the sufficiency of the
signatures on such petition.
(Y)(Z) Exercise the powers of the district without obtaining
the consent of any other political subdivision, provided that all
public or private property damaged or destroyed in carrying out
the powers of the district shall be restored or repaired and
placed in its original condition as nearly as practicable or
adequate compensation made therefor by the district;
(Z)(AA) Require the owner of any premises located within the
district to connect his the owner's premises to a water resource
project
determined to be accessible to such premises and found to require
such connection so as to prevent or abate pollution or protect
the health and property of persons in the district. Such
connection shall be made in accordance with procedures
established by the board of trustees of such district and
pursuant to such orders as the board may find necessary to ensure
and enforce compliance with such procedures;.
(AA)(BB) Do all acts necessary or proper to carry out the
powers granted in Chapter 6119. of the Revised Code.
Sec. 6121.04. The Ohio water development authority may do any or all of the
following:
(A) Adopt bylaws for the regulation of its affairs and the conduct of its
business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at places within the state
that it designates;
(D) Sue and plead in its own name and be sued and impleaded in its
own name
with respect to its contracts or torts of its members, employees, or agents
acting within the scope of their employment, or to enforce its obligations and
covenants made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in the court of
common pleas of the county in which the principal office of the authority is
located or in the court of common pleas of the county in which the cause of
action arose, provided that the county is located within this state, and all
summonses, exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with the person in
charge thereof or with the secretary-treasurer of the authority.
(E) Make loans and grants to governmental agencies for the acquisition or
construction of water development projects by any such governmental agency and
adopt rules and procedures for making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, furnish, equip,
maintain, repair, operate, or lease or rent to, or contract for operation by,
a governmental agency or person, water development projects, and establish
rules for the use of those projects;
(G) Make available the use or services of any water development project to
one or more persons, one or more governmental agencies, or any combination
thereof;
(H) Issue water development revenue bonds and notes and water development
revenue refunding bonds of the state, payable solely from revenues as provided
in section 6121.06 of the Revised Code, unless the bonds are refunded by
refunding bonds, for the purpose of paying any part of the cost of one or more
water development projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real and personal
property in the exercise of its powers and the performance of its duties under
this chapter;
(J) Acquire, in the name of the state, by purchase or otherwise, on
terms and in the manner that it considers
proper, or by the exercise of the
right of condemnation in the manner provided by section 6121.18 of the Revised
Code, public or private lands, including public parks,
playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way, property,
rights, easements, and interests that it considers necessary
for carrying out
this chapter, but excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management facility owned by
any person or governmental agency, and compensation shall be paid for public
or private lands so taken, except that a government-owned waste water facility
may be appropriated in accordance with section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the state, to the
extent augmented by a water development project, from depletion so it will be
available for beneficial use, and to provide standards for the withdrawal from
waters of the state of the augmented flow created by a water development
project that is not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by the
authority;
(L) Make and enter into all contracts and agreements and execute all
instruments necessary or incidental to the performance of its duties and the
execution of its powers under this chapter in accordance with the following
requirements:
(1) When the cost under any such contract or agreement, other than
compensation for personal services, involves an expenditure of more than
twenty-five thousand dollars, the authority shall make a written contract with the lowest
responsive and responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two consecutive weeks in a
newspaper of general circulation in Franklin county, and in other
publications that the authority determines, which shall state
the general
character of the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a contract or lease
for the operation of a water development project constructed and owned by the
authority or an agreement for cooperation in the acquisition or construction
of a water development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development project that
is to be leased by the authority to, and operated by, persons who are not
governmental agencies and the cost of the project is to be amortized
exclusively from rentals or other charges paid to the authority by persons who
are not governmental agencies is not subject to the foregoing requirements and
the authority may enter into such a contract or lease or such an agreement
pursuant to negotiation and upon terms and conditions and for
the period
that it finds to be reasonable and proper in the
circumstances and in the best
interests of proper operation or of efficient acquisition or construction of
the project.
(2) Each bid for a contract for the construction, demolition, alteration,
repair, or reconstruction of an improvement shall contain the full name of
every person interested in it and shall meet the requirements of section
153.54 of the Revised Code.
(3) Each bid for a contract except as provided in division (L)(2) of this
section shall contain the full name of every person or company interested in
it and shall be accompanied by a sufficient bond or certified check on a
solvent bank that if the bid is accepted, a contract will be entered into and
the performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by the authority, shall
be required of every contractor awarded a contract except as provided in
division (L)(2) of this section, in an amount equal to at least fifty per
cent of the contract price, conditioned upon the faithful performance of the
contract.
(M) Employ managers, superintendents, and other employees and retain or
contract with consulting engineers, financial consultants, accounting experts,
architects, attorneys, and other consultants and independent contractors
that
are necessary in its judgment to carry out this chapter, and fix the
compensation thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under this
chapter, from revenues, or from funds appropriated for that purpose by the
general assembly.
(N) Receive and accept from any federal agency, subject to the approval of
the governor, grants for or in aid of the construction of any water
development project or for research and development with respect to waste
water or water management facilities, and receive and accept aid or
contributions from any source of money, property, labor, or other things of
value, to be held, used, and applied only for the purposes for which the
grants and contributions are made;
(O) Engage in research and development with respect to waste water or water
management facilities;
(P) Purchase fire and extended coverage and liability insurance for any water
development project and for the principal office and suboffices of the
authority, insurance protecting the authority and its officers and employees
against liability for damage to property or injury to or death of persons
arising from its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development revenue
bonds or in any trust agreement securing the same;
(Q) Charge, alter, and collect rentals and other charges for the use or
services of any water development project as provided in section 6121.13 of
the Revised Code;
(R) Provide coverage for its employees under
Chapters 145., 4123.,
and 4141. of the Revised Code;
(S) Assist in the implementation and administration of the drinking water
assistance fund and program created in section 6109.22 of the Revised Code and
the water pollution control loan fund and program created in section 6111.036
of the Revised Code, including, without limitation, performing or providing
fiscal management for the funds and investing and disbursing moneys in the
funds, and enter into all necessary and appropriate agreements with the
director of environmental protection for those purposes;
(T) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the water pollution control loan fund created in section 6111.036
of the Revised Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds and notes may
be secured by appropriate trust agreements and repaid from moneys credited to
the fund from payments of principal and interest on loans made from the fund,
as provided in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the drinking water assistance fund created in section 6109.22 of
the Revised Code, including moneys to meet the requirement for providing
matching moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and repaid from
moneys credited to the fund from payments of principal and interest on loans
made from the fund, as provided in division (F) of section 6109.22 of the
Revised Code.
(V) Make loans to and enter into agreements with boards of county
commissioners for the purposes of section 1521.26 1506.44 of the Revised Code and
adopt rules establishing requirements and procedures for making the loans and
entering into the agreements;
(W) Do all acts necessary or proper to carry out the powers
expressly granted in this chapter.
Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 6131.23. The assessments estimated in accordance with
section 6131.14 of the Revised Code shall be payable in not less
than two semiannual installments. At the time of the final
hearing, in the order approving the levying of the assessments,
the board of county commissioners shall determine how long a
period of time, in semiannual installments, as taxes are paid,
shall be given the owners of land benefited to pay the
assessments that are made for an improvement and whether or not
bonds or notes shall be issued and sold in anticipation of such
payments. If bonds or notes are to be issued, the interest shall
be added to the assessments. If the estimated cost of the
improvement does not exceed five hundred dollars, not more than
two semiannual installments, as taxes are paid, shall be given to
owners of lands benefited to pay the assessments that are made
for the improvement. If the estimated cost of the improvement
exceeds five hundred dollars, the board may determine the number
of installments in which the assessments are to be paid. If any
such assessment is twenty-five dollars or less, or whenever the
unpaid balance of any such assessment is twenty-five dollars or
less, the same shall be paid in full, and not in installments, at
the time the first or next installment would otherwise become
due.
When assessments are payable in installments and county
general funds are used to pay for the improvement, the assessment
shall not exceed ten thirty semiannual installments, as computed by the
county auditor pursuant to section 6131.49 of the Revised Code,
and shall be payable upon completion of the contract.
When assessments are made payable in installments and bonds
or notes have been sold to pay for the improvement, interest
shall be added to the installments of assessments at the same
rate as is drawn by the bonds or notes issued to pay for the
improvements. Any owner may pay the estimated assessments on
the owner's land in cash within thirty days after the final hearing
without
paying any interest thereon. If the legislative authority of a
political subdivision chooses to pay the assessments on all
parcels within the subdivision, both public and private, in one
installment, it shall pass a resolution so stating and shall send
the resolution, or a copy thereof, to the board of county
commissioners before making the payment. The legislative
authority shall pay all subsequent maintenance assessments levied
under section 6137.03 of the Revised Code if it chooses to pay
the construction assessments on all parcels within the
subdivision.
Bonds may be sold for any repayment period that the board
of county commissioners may determine proper, not to exceed
sixteen thirty semiannual installments, except that for bonds sold by a board of county commissioners for soil and water conservation district improvements pursuant to section 1515.24 of the Revised Code, the repayment period shall not exceed thirty semiannual installments.
Section 101.02. That existing sections 9.30, 9.821, 9.822, 9.823, 9.83, 107.12, 107.40, 109.57, 109.572, 109.93, 111.18, 117.11, 119.07, 120.33, 121.48, 122.17, 122.171, 122.602, 122.652, 124.152, 125.01, 125.02, 125.021, 125.022, 125.023, 125.04, 125.041, 125.05, 125.06, 125.07, 125.071, 125.072, 125.073, 125.08, 125.081, 125.082, 125.09, 125.10, 125.11, 125.15, 125.18, 125.25, 125.30, 125.45, 125.93, 125.96, 125.97, 125.98, 126.03, 126.07, 126.08, 126.21, 126.22, 127.16, 131.44, 133.01, 133.081, 149.311, 151.08, 151.40, 156.02, 164.03, 164.08, 164.09, 166.08, 167.04, 173.04, 173.35, 173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 305.31, 307.672, 307.695, 307.98, 307.981, 308.04, 317.08, 319.202, 319.54, 322.01, 323.131, 323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 333.02, 333.04, 340.03, 505.37, 505.376, 505.705, 517.08, 519.12, 711.001, 711.05, 711.10, 711.131, 718.051, 718.13, 901.171, 1306.20, 1306.21, 1347.06, 1503.05, 1504.02, 1506.01, 1506.99, 1513.08, 1513.18, 1514.081, 1514.40, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.30, 1521.99, 1531.06, 1531.35, 1555.08, 1557.03, 2113.041, 2117.061, 2117.25, 2151.362, 2305.2341, 2913.40, 2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023, 3119.05, 3119.27, 3119.29, 3119.30, 3119.32, 3125.12, 3301.011, 3301.07, 3301.0711, 3301.0714, 3301.0718, 3301.12, 3301.311, 3301.53, 3302.03,
3302.10, 3310.41, 3311.24, 3311.51, 3311.521, 3313.532, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66, 3313.661, 3313.841, 3313.843, 3313.97, 3313.974, 3313.977, 3313.978, 3313.98, 3313.983, 3314.015, 3314.02, 3314.06, 3314.061, 3314.074, 3314.08, 3314.083, 3317.01, 3317.012, 3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, 3317.032, 3317.04, 3317.05, 3317.051, 3317.052, 3317.06, 3317.063, 3317.07, 3317.08, 3317.15, 3317.16, 3317.19, 3317.20, 3317.201, 3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26, 3318.36, 3319.55, 3321.03, 3323.011, 3323.02, 3323.03, 3323.031, 3323.04, 3323.05, 3323.051, 3323.07, 3323.09, 3323.091, 3323.12, 3323.13, 3323.14, 3323.141, 3323.142, 3323.143, 3323.15, 3323.17, 3323.18, 3323.20, 3323.30, 3325.011, 3325.02, 3327.01, 3327.05, 3327.16, 3333.04, 3333.122, 3333.36, 3333.38, 3345.05, 3345.32, 3353.02, 3353.03, 3354.10, 3355.01, 3357.01, 3357.10, 3358.06, 3365.01, 3381.04, 3501.01, 3501.05, 3501.11, 3501.17, 3501.31, 3505.062, 3505.063, 3505.23, 3513.21, 3517.106, 3517.11, 3599.17, 3599.19, 3599.37, 3701.74, 3701.741, 3702.52, 3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.63, 3702.68, 3704.03, 3705.24, 3706.01, 3706.03, 3706.041, 3706.05, 3706.07, 3718.03, 3721.51, 3721.541, 3721.56, 3727.391, 3734.57, 3735.672, 3743.17, 3743.19, 3743.25, 3743.75, 3745.04, 3745.11, 3767.41, 3769.087, 3770.03, 3770.06, 3905.36, 3923.281, 4112.12, 4112.13, 4141.09, 4301.20, 4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4511.101, 4513.241, 4513.263, 4513.35, 4715.251, 4717.07, 4723.32, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4731.053, 4731.142, 4731.22, 4735.10, 4735.141, 4736.01, 4743.05, 4753.02, 4753.05, 4753.11, 4755.03, 4766.05, 4775.08, 4921.40, 5101.141, 5101.16, 5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244, 5101.27, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802, 5101.98, 5104.04,
5104.30, 5107.02, 5107.03, 5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.18, 5107.281, 5107.30, 5107.36, 5107.41, 5107.42, 5107.70, 5111.01, 5111.011, 5111.013, 5111.014, 5111.016, 5111.019, 5111.0111, 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084, 5111.10, 5111.101, 5111.11, 5111.112, 5111.113, 5111.163, 5111.17, 5111.172, 5111.20, 5111.851, 5111.871, 5111.872, 5111.8814, 5111.89, 5111.891, 5111.915, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611, 5123.01, 5123.012, 5123.043, 5123.045, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, 5123.99, 5126.038, 5126.04, 5126.041, 5126.042, 5126.046, 5126.05, 5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.43, 5323.01, 5323.02, 5323.99, 5528.54, 5531.10, 5537.04, 5537.16, 5537.99, 5703.57, 5703.80, 5705.01, 5705.214, 5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011, 5725.24, 5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.86, 5727.87, 5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033, 5739.09, 5739.12, 5739.122, 5739.21, 5741.02, 5741.03, 5741.121, 5743.01, 5743.20, 5745.02, 5745.05, 5745.13, 5747.01, 5747.03, 5747.47, 5747.50, 5747.501, 5747.51, 5747.54, 5747.98, 5748.01, 5748.02, 5748.021, 5749.02, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6119.06, 6121.04, and 6131.23 of the Revised Code are hereby repealed.
Section 105.01. That sections 103.141, 125.95, 183.02, 183.27, 183.32, 3318.47, 3318.48, 3318.49, 3323.01, 3323.06, 3323.08, 3323.11, 3333.29, 3704.14, 4911.021, 5111.161, 5123.16, 5123.182, 5123.199, 5126.035, 5126.036, 5126.053, 5126.431, 5126.44, 5126.451, 5743.331, 5747.61, 5747.62, and 5747.63 of the Revised Code are hereby repealed.
Section 105.03. That the version of section 3702.68 of the Revised Code that was to have taken effect July 1, 2007, as a result of Sections 3 to 5 of Am. Sub. S.B. 50 of the 121st General Assembly, as most recently amended by Am. Sub. H.B. 66 of the 126th General Assembly, is hereby repealed. It is the intent of this section to prevent the amendment of section 3702.68 of the Revised Code that was to have taken effect July 1, 2007.
Section 115.03. That section 5101.213 of the Revised Code is hereby repealed, effective July 1, 2008.
Section 120.01. During the period beginning July 1, 2007, and expiring July 1, 2009, the operation of sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code is suspended. On July 1, 2009, sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code, in either their present form or as they are later amended, again become operational.
Section 120.02. (A) Not later than thirty days after the effective date of this section and notwithstanding any provision of law to the contrary, the Public Health Council shall rescind rules adopted by the Council under section 3718.02 of the Revised Cod, that took effect on January 1, 2007. At the same time as those rules are rescinded, the Council shall adopt rules that are identical to the rules adopted by the Council that were in effect prior to January 1, 2007, and were codified in Chapter 3701-29 of the Administrative Code, except the rules in that Chapter that established requirements for separation distances from a water table and soil absorption requirements. Instead, a board of health or the authority having the duties of a board of health shall adopt standards establishing requirements for separation distances from a water table and soil absorption requirements based on the water table and soils in the applicable health district for purposes of the installation and operation of household sewage treatment systems and small flow on-site sewage treatment systems in the applicable health district.
The rescission and adoption of rules under this division are not subject to section 119.03 of the Revised Code. However, the Public Health Council shall file the rules in accordance with section 119.04 of the Revised Code. Upon that filing, the rules take immediate effect.
(B) A local board of health or the authority having the duties of a board of health may adopt standards for use in the health district that are more stringent than the rules adopted under division (A) of this section, provided that the board of health or authority having the duties of a board of health in adopting such standards considers the economic impact of those standards on property owners, the state of available technology, and the nature and economics of the available alternatives. If a board of health or authority having the duties of a board of health adopts standards that are more stringent than the rules adopted under division (A) of this section, the board or authority shall send a copy of the standards to the Department of Health.
(C)(1) A board of health or the authority having the duties of a board of health shall approve or deny the use of household sewage treatment systems and small flow on-site sewage treatment systems in the applicable health district. In approving or denying a household sewage treatment system or a small flow on-site sewage treatment system for use in the health district, the board or authority shall consider the economic impact of the system on property owners, the state of available technology, and the nature and economics of the available alternatives, ensure that a system will not create a public health nuisance, and require a system to comply with the requirements established in divisions (C)(2) and (3) of this section.
(2) Notwithstanding any rule adopted by the Public Health Council or standard adopted by a board of health or the authority having the duties of a board of health governing the installation and operation of sewage treatment systems, a board of health or the authority having the duties of a board of health shall ensure that the design and installation of a soil absorption system prevents public health nuisances. To the extent determined necessary by a board of health or the authority having the duties of a board of health, a sewage treatment system that is installed after the effective date of this section shall not discharge to a ditch, stream, pond, lake, natural or artificial waterway, drain tile, other surface water, or the surface of the ground unless authorized by a national pollutant discharge elimination system (NPDES) permit issued under Chapter 6111. of the Revised Code and rules adopted under it. In addition, a sewage treatment system shall not discharge to an abandoned well, a drainage well, a dry well or cesspool, a sinkhole, or another connection to ground water. As a condition to the issuance of a permit to operate a system, a board of health or the authority having the duties of a board of health shall require a service contract for any sewage treatment system that is subject to an NPDES permit to the extent required by the Environmental Protection Agency. If classified as a class V injection well, a household sewage treatment system serving a two- or three-family dwelling or a small flow on-site sewage treatment system shall comply with 40 C.F.R. 144, as published in the July 1, 2005, Code of Federal Regulations and with the registration requirements established in rule 3745-34-13 of the Administrative Code.
(3) Notwithstanding any rule adopted by the Public Health Council or standard adopted by a board of health or the authority having the duties of a board of health governing the installation and operation of household sewage treatment systems, all septic tanks, other disposal component tanks, dosing tanks, pump vaults, household sewage disposal system holding tanks and privy vaults, or other applicable sewage disposal system components manufactured after the effective date of this section and used in this state shall be watertight and structurally sound.
(D)(1) Notwithstanding any rule adopted by the Public Health Council governing the installation and operation of household sewage treatment systems, a board of health or the authority having the duties of a board of health may establish and collect fees for the purposes of this section.
(2) In addition to the fees that are authorized to be established under division (D)(1) of this section, there is hereby levied an application fee of twenty-five dollars for a sewage treatment system installation permit. A board of health or the authority having the duties of a board of health shall collect the fee on behalf of the Department of Health and forward the fee to the Department to be deposited in the state treasury to the credit of the Sewage Treatment System Innovation Fund, which is hereby created. Not more than seventy-five per cent of the money in the Fund shall be used by the Department to administer the sewage treatment system program, and not less than twenty-five per cent of the money in the Fund shall be used to establish a grant program in cooperation with boards of health to fund the installation and evaluation of new technology pilot projects. In the selection of the pilot projects, the Director of Health shall consult with the Sewage Treatment System Technical Advisory Committee created in section 3718.03 of the Revised Code.
(E) Not later than one year after the installation of a household sewage treatment system, a board of health or the authority having the duties of a board of health shall inspect the system to ensure that it is not a public health nuisance.
(F) The Department of Health may file an injunctive action against a board of health or the authority having the duties of a board of health that allows a household sewage treatment system or small flow on-site sewage treatment system to cause a public health nuisance, provided that the Department provides reasonable notice to the board or authority and allows for the opportunity to abate the nuisance prior to the action.
(G) The Environmental Protection Agency shall not require a board of health or the authority having the duties of a board of health to enter into a memorandum of understanding or any other agreement with the Agency regarding the issuance of NPDES permits for off-lot sewage treatment systems. Instead, a representative of a board of health or the authority having the duties of a board of health may meet with a person who intends to install such a system to determine the feasibility of the system and refer the person to the Agency to secure an NPDES permit for the system if needed.
(H) Notwithstanding any rule adopted by the Public Health Council governing the installation and operation of household sewage treatment systems, a board of health or the authority having the duties of a board of health that, prior to the effective date of this section, has obtained authority from the Department of Health and the Environmental Protection Agency to regulate small flow on-site sewage treatment systems may continue to regulate such systems on and after the effective date of this section. A board of health or the authority having the duties of a board of health that has not obtained such authority may request the authority from the Department of Health and the Environmental Protection Agency in the manner provided by law.
(I) Because the rules adopted by the Public Health Council under section 3718.02 of the Revised Code that were effective on January 1, 2007, have been rescinded by operation of this section, the references to those rules in section 3718.021 of the Revised Code are not operable. Instead, notwithstanding any other provisions of this section, the Public Health Council shall provide for the implementation of section 3718.021 of the Revised Code in the rules that are required to be adopted under division (A) of this section.
(J) The Department of Health in cooperation with a board of health or the authority having the duties of a board of health shall assess the familiarity of the board's or authority's staff with the best practices in the use of sewage treatment systems and conduct appropriate training to educate the board's or authority's staff in those best practices and in the use of any new sewage treatment system technology that is recommended for use by the Sewage Treatment System Technical Advisory Committee created in section 3718.03 of the Revised Code.
(K)(1) As used in this section, "household sewage treatment system," "small flow on-site sewage treatment system," and "sewage treatment system" have the same meanings as in section 3718.01 of the Revised Code.
(2) For the purposes of this section, "household sewage treatment system" is deemed to mean "household sewage disposal system" as necessary for the operation of this section.
(L) This section expires on the effective date of the rules that are to be adopted under section 3718.02 of the Revised Code when that section becomes operational on July 1, 2009, pursuant to Section 120.01 of this act.
Section 120.03. That sections 711.001, 711.05, 711.10, 711.131, 4736.01, 6111.04, and 6111.44 be amended and section 3718.022 of the Revised Code be enacted to read as follows:
Sec. 711.001. As used in
this chapter:
(A)
"Plat" means a map of a tract or parcel of land.
(B)
"Subdivision" means
either of the following:
(1) The division of any parcel of land shown as a unit or
as
contiguous units on the last preceding
general tax
list and
duplicate of real and public utility property, into two or
more
parcels, sites, or lots, any one of which is less than
five acres for the purpose, whether immediate or future, of transfer
of
ownership, provided, however, that the following are exempt:
(a) A division or partition
of
land into parcels of more than
five acres not
involving any
new streets or easements of access;
(b) The sale or exchange of
parcels between adjoining lot owners, where
that sale or
exchange
does not create additional building sites;
(c) If the planning authority adopts a rule in accordance with section 711.133 of the Revised Code that exempts from division (B)(1) of this section any parcel of land that is four acres or more, parcels in the size range delineated in that rule.
(2) The improvement of one or more parcels of land for
residential, commercial, or industrial structures or groups of
structures involving the division or allocation of land for the
opening, widening, or extension of any
public or private street or
streets, except
private streets serving industrial structures,
or
involving the
division or
allocation of land as open spaces for
common use by
owners,
occupants, or
leaseholders or
as easements
for the extension and
maintenance of public
or
private sewer, water, storm
drainage, or other
similar
facilities.
(C) "Household sewage treatment system" has the same meaning as in section 3709.091 of the Revised Code.
Sec. 711.05. (A) Upon the submission of a plat for approval,
in accordance with section 711.041 of the Revised Code, the board
of county commissioners shall certify on it the date of
the
submission. Within five days of submission of the plat, the
board shall schedule a meeting to consider the plat and send a
written notice by regular mail to
the fiscal officer of the board of township trustees of the township in
which the plat is located and the board of health of the health district in which the plat is located. The notice shall inform the trustees
and the board of health of the submission of the plat and of the date, time, and location
of any meeting at which the board of county commissioners will
consider or act upon the proposed plat. The meeting shall take
place within thirty days of submission of the plat, and no
meeting shall be held until at least seven days have passed from
the date the notice was sent by the board of county
commissioners. The approval of the board required by section
711.041 of the Revised Code or the refusal to approve shall take
place within thirty days from the date of submission or such
further time as the applying party may agree to in writing;
otherwise, the plat is deemed approved and may be recorded as if
bearing such approval.
(B) The board may adopt general rules
governing plats and subdivisions of land falling within its
jurisdiction, to secure and provide for the coordination of the
streets within the subdivision with existing streets and roads or
with existing county highways, for the proper amount of open
spaces for traffic, circulation, and utilities, and for the
avoidance of future congestion of population detrimental to the
public health, safety, or welfare, but shall not impose a greater
minimum lot area than forty-eight hundred square feet.
Before the board may amend or
adopt rules, it shall notify all the townships in the county of
the proposed amendments or rules by regular mail at least thirty
days before the public meeting at which the proposed amendments
or rules are to be considered.
The rules
may require the county department board of health to review and comment
on a plat before the board of county commissioners acts upon it
and may also require proof of compliance with any applicable
zoning resolutions, and with household sewage treatment rules adopted under section 3718.02 of the Revised Code, as a
basis for approval of a plat. Where under
section 711.101 of the Revised Code the board of county
commissioners has set up standards and specifications for the
construction of streets, utilities, and other improvements for
common use, the general rules may require the submission of
appropriate plans and specifications for approval. The board
shall not require the person submitting the plat to alter the
plat or any part of it as a condition for approval, as long as
the plat is in accordance with general rules governing plats and
subdivisions of land, adopted by the board as provided in this
section, in effect at the time the plat was submitted and the
plat is in accordance with any standards and specifications set
up under section 711.101 of the Revised Code, in effect at the
time the plat was submitted.
(C) The ground of
refusal to approve
any plat, submitted in accordance with section 711.041 of the
Revised Code, shall be stated upon the record of the board, and,
within sixty days thereafter, the person submitting any plat
that the board refuses to approve may file a petition in
the
court of common pleas of the county in which the land described
in the plat is situated to review the action of the board.
A
board of township trustees is not entitled to appeal a decision
of the board of county commissioners under this section.
Sec. 711.10. (A) Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, no plat of a
subdivision of
land within the county or region, other than land
within a
municipal corporation or land within three miles of a
city or one
and one-half miles of a village as provided in
section 711.09 of
the Revised Code, shall be recorded until it is
approved by the
county or regional planning commission
under division (C) of this
section and the
approval is endorsed in writing on the plat.
(B)
A county or regional planning commission may require the
submission of a preliminary plan for each plat sought to be
recorded. If the
commission requires this submission, it shall
provide for a review process
for the preliminary plan. Under this
review process, the planning commission
shall give its approval,
its approval with conditions, or its disapproval of
each
preliminary plan. The commission's decision shall be in writing,
shall
be under the signature of the secretary of the commission,
and shall be issued
within thirty-five business days after the
submission of the preliminary plan to
the
commission. The
disapproval of a preliminary plan shall state the reasons for
the
disapproval. A decision of the commission under this division is
preliminary to and separate from the commission's decision to
approve,
conditionally approve, or refuse to approve a plat under
division (C)
of this section.
(C) Within five calendar days
after
the submission of a plat for
approval
under this division, the county or regional
planning
commission shall schedule a meeting to consider the plat
and send
a notice by regular mail or by electronic mail
to the fiscal officer of the
board of
township trustees of the
township in which the plat is
located and the board of health of the health district in which the plat is located. The notice
shall
inform the trustees and the board of health of the submission
of the plat and of
the date, time, and location of any meeting at
which the county
or regional planning commission will consider or
act upon the
plat. The meeting shall take place within
thirty
calendar days
after submission of the plat, and no
meeting shall be held
until at
least seven calendar days have passed from
the date the
planning commission sent the notice.
The approval of the
county or regional planning commission,
the commission's conditional approval as described in this
division,
or the refusal
of the commission to approve shall be
endorsed on the plat within
thirty
calendar days after
the submission of the plat for approval
under this division or
within such further time as the applying party may agree to in
writing; otherwise that plat is deemed approved, and the
certificate of the
commission as to the date of the
submission of the plat for approval
under this division and the
failure to take
action on it within that time shall
be sufficient
in lieu of
the written endorsement or evidence of approval
required by this
division.
A county or regional planning commission
may grant conditional approval under this division to a plat by
requiring a person submitting the plat to alter the plat or any
part of it, within a specified period after the end of the thirty
calendar days, as a condition for
final approval
under
this division.
Once all the conditions have
been met within the specified period, the
commission shall cause
its final approval under this division to be endorsed
on the plat.
No
plat shall be recorded until it is endorsed with the
commission's final or
unconditional approval under this division.
The
ground of refusal of approval of any plat submitted
under
this division, including
citation of or reference to the rule
violated by the plat, shall
be stated upon the record of the
county or regional planning commission. Within sixty calendar days
after
the refusal
under this division, the person submitting any plat
that the
commission refuses to approve
under this
division may
file a petition in the court of common pleas of the
proper county,
and the proceedings on the petition shall be
governed by
section 711.09
of the Revised Code as in the case of
the refusal of a planning
authority to approve a plat. A board of
township trustees is not
entitled to appeal a decision of the
commission under this
division.
A county or regional planning commission shall adopt
general
rules, of uniform application, governing plats and
subdivisions of
land falling within its jurisdiction, to secure
and provide for
the proper arrangement of streets or other
highways in relation to
existing or planned streets or highways
or to the county or
regional plan, for adequate and convenient
open spaces for
traffic, utilities, access of
firefighting
apparatus, recreation,
light, and air, and for the avoidance of
congestion of population.
The rules may provide for their
modification by the
commission in specific cases where unusual
topographical and
other exceptional conditions require the
modification. The
rules may require the county department board of
health to review and
comment on a plat before the
commission acts upon it and
also may
require proof of compliance
with any applicable zoning resolutions, and with household sewage treatment rules adopted under section 3718.02 of the Revised Code,
as a basis for approval of a
plat.
Before adoption of its rules or amendment of its
rules,
the
commission shall hold a public
hearing
on the
adoption or amendment. Notice of the public
hearing shall be
sent to all townships in the county or region by
regular mail or electronic
mail at least thirty business days before the
hearing. No
county or regional planning commission shall adopt
any rules
requiring actual construction of streets or other
improvements or
facilities or assurance of that construction as a
condition
precedent to the approval of a plat of a subdivision
unless
the requirements have first been adopted by the board of
county
commissioners after a public hearing.
A copy of the rules
shall be certified by the planning commission to the county
recorders
of the appropriate counties.
After a county or regional street
or highway plan has been
adopted as provided in this section, the
approval of plats and
subdivisions provided for in this section
shall be in lieu of any
approvals provided for in other sections
of the Revised Code,
insofar as the territory within the approving
jurisdiction of
the county or regional planning commission, as
provided in this
section, is concerned. Approval of a plat shall
not be an
acceptance by the public of the dedication of any
street, highway,
or other way or open space shown upon the plat.
No county or regional planning commission shall require a person submitting a plat to alter the plat or any part of it as long as the plat is in accordance with the general rules governing plats and subdivisions of land, adopted by the commission as provided in this section, in effect at the time the plat is submitted.
A county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission.
(D) As used in this section, "business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
Sec. 711.131. (A) Notwithstanding
sections
711.001 to 711.13 of
the Revised Code and except as provided in division (C) of this section, unless the rules adopted under section 711.05, 711.09, or 711.10 of the Revised Code are amended pursuant to division (B) of this section, a proposed
division of a parcel of land along an
existing public street, not
involving the opening, widening, or
extension of any street or
road, and involving no more than five
lots after the original
tract has been completely subdivided, may
be submitted to the planning
authority having approving jurisdiction of
plats under
section 711.05, 711.09, or 711.10 of the Revised
Code
for approval without plat. If
the authority acting
through
a
properly designated representative
finds
that
a
proposed division is not contrary to applicable
platting,
subdividing,
zoning, health, sanitary,
or access management
regulations or, regulations adopted under division (B)(3) of section 307.37 of the Revised Code regarding existing surface or subsurface drainage, or household sewage treatment rules adopted under section 3718.02 of the Revised Code, it shall
approve
the proposed
division within seven business days after its submission and, on
presentation of a
conveyance of
the parcel,
shall stamp the
conveyance
"approved by (planning authority); no
plat required" and have it
signed by its clerk, secretary, or
other official as may be
designated by it.
The planning authority
may require the
submission of a sketch and
other information
that
is
pertinent
to its determination
under this division.
(B)
For a period of up to two years after April 15, 2005 the effective date
of
this amendment, the rules adopted under section 711.05, 711.09,
or 711.10 of the Revised Code
may be amended within that
period to authorize the planning authority
involved to approve
proposed divisions of parcels of land without plat under
this
division. If an authority so amends its rules, it may approve no
more
than five lots without a plat from an original tract as that original tract
exists on the
effective date of the amendment to the rules. The
authority shall make the
findings and approve a proposed division
in the time and manner specified in
division (A) of this section.
(C) This section does not apply to parcels subject to section 711.133 of the Revised Code.
(D)
As used in this section,
"business day" means a day of the week excluding Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
Sec. 3718.022. Notwithstanding any provision in this chapter to the contrary, in adopting rules under division (A) of section 3718.02 of the Revised Code, the public health council shall consider the economic impact of the rules on property owners, the state of available technology, and the nature and economics of the available alteratives.
Sec. 4736.01. As used in this chapter:
(A) "Environmental health science" means the aspect of
public health science that includes, but is not limited to, the
following bodies of knowledge: air quality, food quality and
protection, hazardous and toxic substances, consumer product
safety, housing, institutional health and safety, community noise
control, radiation protection, recreational facilities, solid and
liquid waste management, vector control, drinking water quality,
milk sanitation, and rabies control.
(B) "Sanitarian" means a person who performs for
compensation educational, investigational, technical, or
administrative duties requiring specialized knowledge and skills
in the field of environmental health science.
(C) "Registered sanitarian" means a person who is
registered
as a sanitarian in accordance with this chapter.
(D) "Sanitarian-in-training" means a person who is
registered as a sanitarian-in-training in accordance with this chapter.
(E) "Practice of environmental health" means consultation,
instruction, investigation, inspection, or evaluation by an
employee of a city health district, a general health district,
the
environmental protection agency, the department of
health, or
the department of agriculture requiring specialized
knowledge,
training, and experience in the field of environmental
health
science, with the primary purpose of improving or
conducting
administration or enforcement under any of the
following:
(1) Chapter 911., 913., 917., 3717., 3718., 3721., 3729., or
3733. of the
Revised Code;
(2) Chapter 3734. of the Revised Code as it pertains to
solid waste;
(3) Section 955.26, 3701.344, 3707.01, or 3707.03,
sections
3707.38 to 3707.99, or section 3715.21
of the Revised
Code;
(4) Rules adopted under section 3701.34 of the Revised
Code
pertaining to home sewage, rabies control, or swimming
pools;
(5) Rules adopted under section 3701.935 of the Revised Code for school health and safety network inspections and rules adopted under section 3707.26 of the Revised Code for sanitary inspections.
"Practice of environmental health" does not include
sampling,
testing, controlling of vectors, reporting of
observations, or
other duties that do not require application of
specialized
knowledge and skills in environmental health science
performed
under the supervision of a registered sanitarian.
The state board of sanitarian registration may further
define
environmental health science in relation to specific
functions in
the practice of environmental health through rules
adopted by the
board under Chapter 119. of the Revised Code.
Sec. 6111.04. (A) Both of the following apply except as
otherwise provided in division (A) or (F) of this section:
(1) No person shall cause pollution or place or
cause to be
placed any sewage, sludge, sludge materials,
industrial waste, or
other wastes
in a location where they cause pollution of any
waters of the
state.
(2) Such an action prohibited under division (A)(1) of this
section is hereby declared to be a public
nuisance.
Divisions (A)(1) and (2) of this section do not apply if the
person causing pollution or placing or causing to be placed wastes
in a
location in which they cause pollution of any waters of the
state holds a
valid, unexpired permit,
or renewal of a permit,
governing the causing or
placement as provided in sections 6111.01
to 6111.08 of
the Revised Code or if the person's application for
renewal of such a permit is pending.
(B) If the director of environmental protection administers a sludge management program
pursuant to division (S) of section 6111.03 of the Revised Code,
both of the
following apply except as otherwise provided in
division (B) or
(F) of this
section:
(1) No person, in the course of sludge management, shall
place on land
located in the state or release into the air of the
state any sludge or sludge
materials.
(2) An action prohibited under division (B)(1) of this
section is
hereby declared to be a public nuisance.
Divisions (B)(1) and (2) of this section do not apply if the
person
placing or releasing the sludge or sludge materials holds a
valid, unexpired
permit, or renewal of a permit, governing the
placement or release as provided
in sections 6111.01 to 6111.08 of
the Revised Code or if the person's application for renewal
of
such a permit is pending.
(C) No person to whom a permit has been issued shall place
or
discharge, or cause to be placed or discharged, in any waters
of
the state any sewage, sludge, sludge materials, industrial
waste, or other wastes in excess of the permissive discharges
specified under
an existing permit without first receiving a
permit from
the director to do
so.
(D) No person to whom a sludge management permit has been
issued shall place on the land or release into the air of the
state any sludge or sludge materials in excess of the permissive
amounts specified under the existing sludge management permit
without first receiving a modification of the existing sludge
management
permit or a new sludge management permit to do so from
the
director.
(E) The director may require the submission of plans,
specifications, and other information that the director
considers
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following:
(1) Waters used in washing sand, gravel, other aggregates,
or mineral products when the washing and the
ultimate disposal
of
the water used in the washing, including any sewage,
industrial
waste, or other wastes contained in the waters,
are
entirely
confined to the land under the control of the person
engaged in
the recovery and processing of the sand, gravel,
other aggregates,
or mineral products and do not result in the
pollution of waters
of the state;
(2) Water, gas, or other material injected into a well to
facilitate, or that is incidental to, the production of
oil,
gas,
artificial brine, or water derived in association with oil
or gas
production and disposed of in a well, in compliance with a
permit
issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in
compliance with an injection well operating permit. Division
(F)(2)
of this section does not
authorize, without a permit, any
discharge that
is prohibited by, or for which a permit is required
by,
regulation of the United States environmental protection
agency.
(3) Application of any materials to land for agricultural
purposes or runoff of the materials from
that application or
pollution by animal waste or soil sediment, including attached
substances, resulting from farming, silvicultural, or earthmoving
activities regulated by Chapter 307. or 1511. of the Revised
Code. Division (F)(3) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, the Federal Water Pollution Control Act or regulations adopted under it.
(4) The excrement of domestic and farm animals defecated
on
land or runoff therefrom into any waters of the state. Division (F)(4) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, the Federal Water Pollution Control Act or regulations adopted under it.
(5) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, any discharge that is within the scope of the approved NPDES program submitted by the director of agriculture;
(6) The discharge of sewage, industrial waste, or other
wastes into a sewerage system tributary to a treatment works.
Division (F)(6) of this section does not
authorize any discharge
into a publicly
owned treatment works in violation of a
pretreatment program
applicable to the publicly owned treatment
works.
(7) Septic tanks or other disposal systems for the disposal or treatment of sewage from single-family, two-family, or three-family dwellings A household sewage treatment system or a small flow on-site sewage treatment system, as applicable, as defined in section 3718.01 of the Revised Code that is installed in compliance with the sanitary code and section 3707.01 Chapter 3718. of the Revised Code and rules adopted under it. Division (F)(7)
of this
section does not
authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by,
regulation
of the United States environmental protection agency.
(8) Exceptional quality sludge generated outside of this
state and
contained in bags or other containers not greater than
one hundred pounds in
capacity. As used in division (F)(8) of
this section, "exceptional
quality sludge" has the same meaning as
in division (Y) of section
3745.11 of the Revised Code.
(G) The holder of a permit issued under section 402 (a) of
the
Federal Water Pollution Control Act need not obtain a permit
for a discharge authorized by the permit until its
expiration
date. Except as otherwise provided in this division, the director of environmental protection shall
administer
and enforce those permits
within this state and may
modify
their terms and conditions in
accordance with division
(J) of section 6111.03 of the Revised
Code. On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture under section 903.08 of the Revised Code, the director of agriculture shall administer and enforce those permits within this state that are issued for any discharge that is within the scope of the approved NPDES program submitted by the director of agriculture.
Sec. 6111.44. (A) Except as otherwise provided in division
(B) of this section, in section
6111.14 of the Revised Code, or in
rules adopted under division
(G) of section 6111.03 of the Revised
Code, no municipal
corporation, county, public institution,
corporation, or officer
or employee thereof or other person shall
provide or install
sewerage or treatment works for sewage, sludge,
or sludge
materials disposal or treatment or make a change
in any
sewerage or treatment works until the plans
therefor have been
submitted to and approved by the director of
environmental
protection. Sections 6111.44 to 6111.46 of the
Revised Code apply
to sewerage and treatment works of
a municipal corporation or part
thereof, an unincorporated
community, a county sewer district, or
other land outside of a
municipal corporation or any publicly or
privately owned building
or group of buildings or place, used for
the assemblage,
entertainment, recreation, education, correction,
hospitalization, housing, or employment of persons.
In granting an approval, the director may stipulate
modifications, conditions, and
rules that the public health and
prevention of pollution may
require. Any action taken by the
director shall be a matter of
public record and shall be entered
in the director's
journal. Each period
of thirty days that a
violation of this section continues, after
a conviction for the
violation, constitutes a separate
offense.
(B) Sections 6111.45 and 6111.46 of
the Revised
Code and
division
(A) of this section do not
apply to any of the following:
(1) Sewerage or treatment works for sewage installed or
to
be installed for the use of a private residence or
dwelling;
(2) Sewerage systems,
treatment
works, or disposal systems for storm water from an
animal feeding
facility or manure, as "animal feeding facility"
and "manure" are
defined in section 903.01 of the Revised Code;
(3) Animal waste treatment or disposal works and related
management and conservation practices that are subject to rules
adopted under division (E)(2) of section 1511.02 of the
Revised
Code;
(4) Sewerage or treatment works for the on-lot disposal or treatment of sewage from a small flow on-site sewage treatment system, as defined in section 3718.01 of the Revised Code, if the board of health of a city or general health district has notified the director of health and the director of environmental protection under section 3718.021 of the Revised Code that the board has chosen to regulate the system, provided that the board remains in compliance with the rules adopted under division (A)(13) of section 3718.02 of the Revised Code.
The
exclusions established in divisions (B)(2) and (3) of
this section
do not apply to the construction or installation
of disposal
systems, as defined in section 6111.01 of the Revised
Code,
that
are located at an animal feeding facility and that
store, treat,
or discharge wastewaters that do not include storm
water or manure
or that discharge to a publicly owned treatment
works.
Section 120.04. That existing sections 711.001, 711.05, 711.10, 711.131, 4736.01, 6111.04, and 6111.44 of the Revised Code are hereby repealed.
Section 120.05. Sections 120.03 and 120.04 take effect on July 1, 2009.
Section 130.01. As is more completely explained in Sections 130.02 and 130.03 that follow, this act, pursuant to Section 611.03 of Am. Sub. H.B. 66 of the 126th General Assembly, confirms and orders implementation of the amendments and the enactment referred to in Section 611.03, the taking effect of which amendments and enactment by Am. Sub. H.B. 66 was postponed in whole or in part by Section 611.03 pending this confirmation and order.
Section 130.02. (A)(1) Sections 3111.19, 3313.12, and 4117.08 of the Revised Code are presented in division (B) of this section solely for the purpose of confirming the sections and ordering their implementation as they result from Am. Sub. H.B. 66 of the 126th General Assembly. No other action is being taken with regard to these sections.
(2) Section 9.833 of the Revised Code is presented in division (B) of this section for the purpose of confirming the section and ordering its implementation as it results from Am. Sub. H.B. 46 and Am. Sub. H.B. 66, both of the 126th General Assembly, and of amending the section to read as directed by this act. Section 9.90 of the Revised Code is presented in division (B) of this section for the purposes of confirming the section and ordering its implementation as it results from Am. Sub. H.B. 66 and Sub. H.B. 193 of the 126th General Assembly and of amending the section to read as directed by this act. Section 9.901 of the Revised Code is presented in division (B) of this section for the purposes of confirming the section and ordering its complete implementation as it results from Am. Sub. H.B. 66 of the 126th General Assembly and as it was subsequently amended by Am. Sub. H.B. 530 of the 126th General Assembly and of amending the section to read as directed by this act. Sections 3313.202, 3313.33, and 4117.03 of the Revised Code are presented in division (B) of this section for the purposes of confirming the sections and ordering their implementation as they result from Am. Sub. H.B. 66 of the 126th General Assembly and of amending the sections to read as directed by this act.
(B) Sections 9.833, 9.90, 9.901, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 of the Revised Code are presented in this division as explained in divisions (A)(1) and (2) of this section:
Sec. 9.833. (A) As used in this section, "political
subdivision" means a municipal corporation, township, county,
or other body corporate and politic responsible
for governmental activities in a geographic area smaller than
that of the state, and agencies and instrumentalities of these entities. For purposes of this section, a school district is not a "political subdivision."
(B) Political subdivisions that provide health care
benefits for their officers or employees may do any of the
following:
(1) Establish and maintain an individual self-insurance
program with public moneys to provide authorized health care
benefits, including but not limited to, health care, prescription drugs, dental care, and vision care, in accordance with division (C) of this section;
(2) Establish and maintain a health savings account program whereby employees or officers may establish and maintain health savings accounts in accordance with section 223 of the Internal Revenue Code. Public moneys may be used to pay for or fund federally qualified high deductible health plans that are linked to health savings accounts or to make contributions to health savings accounts. A health savings account program may be a part of a self-insurance program.
(3) After establishing an individual self-insurance
program, agree with other political subdivisions that have
established individual self-insurance programs for health care
benefits, that their programs will be jointly administered in a
manner specified in the agreement;
(4) Pursuant to a written agreement and in accordance with
division (C) of this section, join in any combination with other
political subdivisions to establish and maintain a joint
self-insurance program to provide health care benefits;
(5) Pursuant to a written agreement, join in any
combination with other political subdivisions to procure or
contract for policies, contracts, or plans of insurance to
provide health care benefits, which may include a health savings account program, for their officers and employees
subject to the agreement;
(6) Use in any combination any of the policies, contracts,
plans, or programs authorized under this division.
(C) Except as otherwise provided in division (E) of this
section, the following apply to individual or joint
self-insurance programs established pursuant to this section:
(1) Such funds shall be reserved as are necessary, in the
exercise of sound and prudent actuarial judgment, to cover
potential cost of health care benefits for the officers and
employees of the political subdivision. A report of amounts so
reserved and disbursements made from such funds, together with a
written report of a member of the American academy of actuaries
certifying whether the amounts reserved conform to the
requirements of this division, are computed in accordance with
accepted loss reserving standards, and are fairly stated in
accordance with sound loss reserving principles, shall be
prepared and maintained, within ninety days after the last day of
the fiscal year of the entity for which the report is provided
for that fiscal year, in the office of the program administrator
described in division (C)(3) of this section.
The report required by division (C)(1) of this section
shall include, but not be limited to, disbursements made for the
administration of the program, including claims paid, costs of the
legal representation of political subdivisions and employees, and
fees paid to consultants.
The program administrator described in division (C)(3) of
this section shall make the report required by this division
available for inspection by any person at all reasonable times
during regular business hours, and, upon the request of such
person, shall make copies of the report available at cost within
a reasonable period of time.
(2) Each political subdivision shall reserve funds
necessary for an individual or joint self-insurance program in a
special fund that may be established for political subdivisions other than an agency or instrumentality pursuant to an ordinance or
resolution of the political subdivision and not subject to
section 5705.12 of the Revised Code. An agency or instrumentality shall reserve the funds necessary for an individual or joint self-insurance program in a special fund established pursuant to a resolution duly adopted by the agency's or instrumentality's governing board. The political subdivision
may allocate the costs of insurance or any self-insurance
program, or both, among the funds or accounts established under this division on the basis of relative exposure and loss
experience.
(3) A contract may be awarded, without the necessity of
competitive bidding, to any person, political subdivision,
nonprofit corporation organized under Chapter 1702. of the
Revised Code, or regional council of governments created under
Chapter 167. of the Revised Code for purposes of administration
of an individual or joint self-insurance program. No such
contract shall be entered into without full, prior, public
disclosure of all terms and conditions. The disclosure shall
include, at a minimum, a statement listing all representations
made in connection with any possible savings and losses resulting
from the contract, and potential liability of any political
subdivision or employee. The proposed contract and statement
shall be disclosed and presented at a meeting of the political
subdivision not less than one week prior to the meeting at which
the political subdivision authorizes the contract.
A contract awarded to a nonprofit corporation or a regional council of governments under this division may provide that all employees of the nonprofit corporation or regional council of governments and the employees of all entities related to the nonprofit corporation or regional council of governments may be covered by the individual or joint self-insurance program under the terms and conditions set forth in the contract.
(4) The individual or joint self-insurance program shall
include a contract with a member of the American academy of
actuaries for the preparation of the written evaluation of the
reserve funds required under division (C)(1) of this section.
(5) A joint self-insurance program may allocate the costs
of funding the program among the funds or accounts established under this division to the participating political subdivisions on the
basis of their relative exposure and loss experience.
(6) An individual self-insurance program may allocate the costs of funding
the
program among the funds or accounts established under this division to the political
subdivision that established the program.
(7) Two or more political subdivisions may also authorize
the establishment and maintenance of a joint health care cost
containment program, including, but not limited to, the employment
of risk managers, health care cost containment specialists, and
consultants, for the purpose of preventing and reducing health
care costs covered by insurance, individual self-insurance, or joint
self-insurance programs.
(8) A political subdivision is not liable under a joint
self-insurance program for any amount in excess of amounts
payable pursuant to the written agreement for the participation
of the political subdivision in the joint self-insurance program.
Under a joint self-insurance program agreement, a political
subdivision may, to the extent permitted under the written
agreement, assume the risks of any other political subdivision.
A joint self-insurance program established under this section is
deemed a separate legal entity for the public purpose of enabling
the members of the joint self-insurance program to obtain
insurance or to provide for a formalized, jointly administered
self-insurance fund for its members. An entity created pursuant
to this section is exempt from all state and local taxes.
(9) Any political subdivision, other than an agency or instrumentality, may issue general obligation
bonds, or special obligation bonds that are not payable from
real or personal property taxes, and may also issue notes in
anticipation of such bonds, pursuant to an ordinance or
resolution of its legislative authority or other governing body
for the purpose of providing funds to pay expenses associated
with the settlement of claims, whether by way of a reserve or
otherwise, and to pay the political subdivision's portion of the
cost of establishing and maintaining an individual or joint
self-insurance program or to provide for the reserve in the
special fund authorized by division (C)(2) of this section.
In its ordinance or resolution authorizing bonds or notes
under this section, a political subdivision may elect to issue
such bonds or notes under the procedures set forth in Chapter
133. of the Revised Code. In the event of such an election,
notwithstanding Chapter 133. of the Revised Code, the maturity of
the bonds may be for any period authorized in the ordinance or
resolution not exceeding twenty years, which period shall be the
maximum maturity of the bonds for purposes of section 133.22 of
the Revised Code.
Bonds and notes issued under this section shall not be
considered in calculating the net indebtedness of the political
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are
hereby made applicable to bonds or notes authorized under this
section.
(10) A joint self-insurance program is not an insurance
company. Its operation does not constitute doing an insurance
business and is not subject to the insurance laws of this state.
(D) A political subdivision may procure group life insurance for its employees in conjunction with an individual or joint self-insurance program authorized by this section, provided that the policy of group life insurance is not self-insured.
(E) Divisions (C)(1), (2), and (4) of this section do not
apply to individual self-insurance programs in municipal
corporations, townships, or counties.
(F) A public official or employee of a political subdivision who is or becomes a member of the governing body of the program administrator of a joint self-insurance program in which the political subdivision participates is not in violation of division (D) or (E) of section 102.03, division (C) of section 102.04, or section 2921.42 of the Revised Code as a result of either of the following:
(1) The political subdivision's entering under this section into the written agreement to participate in the joint self-insurance program;
(2) The political subdivision's entering under this section into any other contract with the joint self-insurance program.
Sec. 9.90. (A) The governing board of any public
institution of higher education, including without limitation
state universities and colleges, community college districts,
university branch districts, technical college districts, and
municipal universities, may, in addition to all other powers provided in the
Revised Code:
(1) Contract for, purchase, or otherwise procure from an
insurer or insurers licensed to do business by the state of Ohio
for or on behalf of such of its employees as it may determine,
life insurance, or sickness, accident, annuity, endowment,
health, medical, hospital, dental, or surgical coverage and
benefits, or any combination thereof, by means of insurance plans
or other types of coverage, family, group or otherwise, and may
pay from funds under its control and available for such purpose
all or any portion of the cost, premium, or charge
for such insurance, coverage, or benefits. However, the governing
board, in addition to or as an alternative to the authority otherwise
granted by division (A)(1) of this section, may elect to procure
coverage for health care services, for or on behalf of such of its employees
as it may determine, by means of policies,
contracts, certificates, or agreements issued by at least two
health insuring corporations holding a certificate of authority
under Chapter 1751. of the Revised Code and may
pay from funds
under the governing board's control and available for such purpose all or
any portion of the cost of such coverage.
(2) Make payments to a custodial account for investment in
regulated investment company stock for the purpose of providing
retirement benefits as described in section 403(b)(7) of the
Internal Revenue Code of 1954, as amended. Such stock shall be
purchased only from persons authorized to sell such stock in this
state.
Any income of an employee deferred under divisions (A)(1)
and (2) of this section in a deferred compensation program
eligible for favorable tax treatment under the Internal Revenue
Code of 1954, as amended, shall continue to be included as
regular compensation for the purpose of computing the
contributions to and benefits from the retirement system of such
employee. Any sum so deferred shall not be included in the
computation of any federal and state income taxes withheld on
behalf of any such employee.
(B) All or any portion of the cost, premium, or charge
therefor may be paid in such other manner or combination of
manners as the governing board may determine,
including direct payment by the employee in cases under division
(A)(1) of this section, and, if authorized in writing by the
employee in cases under division (A)(1) or (2) of this section,
by such governing board with moneys made
available by deduction from or reduction in salary or wages or by
the foregoing of a salary or wage increase. Nothing in
section 3917.01 or section 3917.06 of the
Revised Code shall prohibit the issuance or purchase of group
life insurance authorized by this section by reason of payment of
premiums therefor by the governing board from
its funds, and such group life insurance may be so issued and
purchased if otherwise consistent with the provisions of sections
3917.01 to 3917.07 of the Revised Code.
(C) The board of education of any school district may exercise any of the powers granted to the governing boards of public institutions of higher education under divisions (A) and (B) of this section, except in relation to the provision of health care benefits to employees. All health care benefits provided to persons employed by the public schools of this state shall be medical health care plans designed that contain best practices established by the school employees health care board pursuant to section 9.901 of the Revised Code.
Sec. 9.901. (A)(1) All health care benefits provided to persons employed by the public schools school districts of this state shall be provided by medical health care plans designed that contain best practices established pursuant to this section by the school employees health care board. The board, in consultation with the superintendent of insurance, shall negotiate with and, in accordance with the competitive selection procedures of Chapter 125. of the Revised Code, contract with one or more insurance companies authorized to do business in this state for the issuance of the plans. Twelve months after the release of best practices by the board all policies or contracts for health care benefits provided to public school district employees that are issued or renewed after the expiration of any applicable collective bargaining agreement must contain best practices established pursuant to this section by the board. Any or all of the medical health care plans designed that contain best practices specified by the board may be self-insured. All self-insured plans adopted shall be administered by the board in accordance with this section. As used in this section, a "public school district" means a school in a city, local, exempted village, or joint vocational school district, and includes the educational service centers associated with those schools districts but not charter schools.
(2) Prior to soliciting proposals from insurance companies for the issuance of medical plans, the board shall determine what geographic regions exist in the state based on the availability of providers, networks, costs, and other factors relating to providing health care benefits. The board shall then determine what medical plans are offered by school districts and existing consortiums in the state. The board shall determine what medical plan offered by a school district or existing consortium in the region offers the lowest premium cost plan.
(3) The board shall develop a request for proposals and solicit bids for medical plans for the school districts in a region similar to the existing plans. The board shall also determine the benefits offered by existing medical plans, the employees' costs, and the cost-sharing arrangements used by public schools participating in a consortium. The board shall determine what strategies are used by the existing medical plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans.
(4) As used in this section, a:
(a) A "medical health care plan" includes group policies, contracts, and agreements that provide hospital, surgical, or medical expense coverage, including self-insured plans. A "medical health care plan" does not include an individual plan offered to the employees of a public school district, or a plan that provides coverage only for dental services, vision services, specific disease or accidents, or a hospital indemnity, medicare supplement, or other plan including a group voluntary plan that provides only supplemental benefits, paid for by the employees of a public school district.
(b) A "health plan sponsor" means a public school district, a consortium of public school districts, or a council of governments.
(B) The school employees health care board is hereby created. The school employees health care board shall consist of the following nine twelve members and shall include individuals with experience with public school district benefit programs, health care industry providers, and medical health care plan beneficiaries:
(1) Three Four members appointed by the governor, one of whom shall be representative of nonadministrative public school district employees;
(2) Three Four members appointed by the president of the senate, one of whom shall be representative of nonadministrative public school district employees;
(3) Three Four members appointed by the speaker of the house of representatives, one of whom shall be representative of nonadministrative public school district employees.
A member of the school employees health care board shall not be employed by, represent, or in any way be affiliated with a private entity that is providing services to the board, an individual school district, employers, or employees in the state of Ohio.
(C)(1) Members of the school employees health care board shall serve four-year terms; however, one of each of the initial members appointed under divisions (B)(1) to (3) of this section shall be appointed to a term of one year. The initial appointments under this section shall be made within forty-five days after September 29, 2005, but may be reappointed, except as otherwise specified in division (B) of this section.
Members' terms shall end on the twenty-ninth day of September, but a A member shall continue to serve subsequent to the expiration of the member's term until a successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term.
(2) Members shall serve without receive compensation but fixed pursuant to division (J) of section 124.15 of the Revised Code and shall be reimbursed from the school employees health care fund for actual and necessary expenses incurred in the performance of their official duties as members of the board.
(3) Members may be removed by their appointing authority for misfeasance, malfeasance, incompetence, dereliction of duty, or other just cause.
(D)(1) The governor shall call the first meeting of the school employees health care board. At that meeting, and annually thereafter At the first meeting of the board after the first day of January of each calendar year, the board shall elect a chairperson and may elect members to other positions on the board as the board considers necessary or appropriate. The board shall meet at least four nine times each calendar year and shall also meet at the call of the chairperson or three four or more board members. The chairperson shall provide reasonable advance notice of the time and place of board meetings to all members.
(2) A majority of the board constitutes a quorum for the transaction of business at a board meeting. A majority vote of the members present is necessary for official action.
(E) The school employees health care board shall conduct its business at open meetings; however, the records of the board are not public records for purposes of section 149.43 of the Revised Code.
(F) The school employees health care fund is hereby created in the state treasury. The public schools shall pay all school employees health care board plan premiums in the manner prescribed by the school employees health care board to the board for deposit into the school employees health care fund. All The board shall use all funds in the school employees health care fund shall be used solely for the provision of health care benefits to public schools employees pursuant to this section to carry out the provisions of this section and related administrative costs. Premiums received by the board or insurance companies contracted pursuant to division (A) of this section are not subject to any state insurance premium tax.
(G) The school employees health care board shall do all of the following:
(1) Design multiple medical plans, including regional plans, to provide, in the board's judgment, the optimal combination of coverage, cost, choice, and stability of health cost benefits. The board may establish more than one tier of premium rates for any medical plan. The board shall establish regions as necessary for the implementation of the board's medical plans. Plans and premium rates may vary across the regions established by the board.
(2) Set an aggregate goal for employee and employer portions of premiums for the board's medical plans so as to manage plan participation and encourage the use of value-based plan participation by employees;
(3) Set employer and employee plan copayments, deductibles, exclusions, limitations, formularies, premium shares, and other responsibilities;
(4) Include disease management and consumer education programs, to the extent that the board determines is appropriate, in all medical plans designed by the board, which programs shall include, but are not limited to, wellness programs and other measures designed to encourage the wise use of medical plan coverage. These programs are not services or treatments for purposes of section 3901.71 of the Revised Code.
(5) Create and distribute to the governor, the speaker of the house of representatives, and the president of the senate, an annual report covering the plan background; plan coverage options; plan administration, including procedures for monitoring and managing objectives, scope, and methodology; plan operations; employee and employer contribution rates and the relationship between the rates and the school employees health care fund balance; a means to develop and maintain identity and evaluate alternative employee and employer cost-sharing strategies; an evaluation of the effectiveness of cost-saving services and programs; an evaluation of efforts to control and manage member eligibility and to insure that proper employee and employer contributions are remitted to the trust fund; efforts to prevent and detect fraud; and efforts to manage and monitor board contracts; Adopt and release a set of standards that shall be considered the best practices to which public school districts shall adhere in the selection and implementation of health care plans. The standards developed by the board shall not duplicate or conflict with existing requirements with which health insuring corporations and sickness and accident insurers must comply pursuant to Chapters 1751. and 3923. of the Revised Code.
(2) Require that the plans the health plan sponsors administer make readily available to the public all cost and design elements of the plan;
(3) Work with health plan sponsors through educational outlets and consultation;
(4) Maintain a commitment to transparency and public access of its meetings and activity pursuant to division (E) of this section;
(5) Promote cooperation among all organizations affected by this section in identifying the elements for the successful implementation of this section;
(6) Utilize Promote cost containment measures aligned with patient, plan, and provider management strategies in developing and managing medical health care plans;
(7) Prepare and disseminate to the public an annual report on the status of health plan sponsors' effectiveness in making progress to reduce the rate of increase in insurance premiums and employee out of pocket expenses, as well as progress in improving the health status of school district employees and their families.
(H) The sections in Chapter 3923. of the Revised Code regulating public employee benefit plans are not applicable to the medical health care plans designed pursuant to this section.
(I)(1) Public schools are not subject to this section prior to the release of medical plans designed pursuant to this section.
(2) Prior to the school employees health care board's release of the board's initial medical plans, the The board shall may contract with an one or more independent consultant consultants to analyze costs related to employee health care benefits provided by existing public school district plans in this state. The consultant shall determine consultants may evaluate the benefits offered by existing medical health care plans, the employees' costs, and the cost-sharing arrangements used by public schools school districts either participating in a consortium or by other means. The consultant shall determine consultants may evaluate what strategies are used by the existing medical health care plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans. Based on the findings of the analysis, the consultant shall consultants may submit written recommendations to the board for the development and implementation of a successful program best practices and programs for pooling improving school districts' purchasing power for the acquisition of employee medical health care plans. The consultant's recommendations shall address, at a minimum, all of the following issues:
(a) The establishment of regions for the provision of medical plans, based on the availability of providers and plans in the state at the time that the school employees health care board is established;
(b) The use of regional preferred provider and closed panel plans, health savings accounts, and alternative medical plans, to stabilize both costs and the premiums charged school districts and district employees;
(c) The development of a system to obtain eligibility data and data compiled pursuant to the "Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C. 1161, as amended;
(d) The use of the competitive bidding process for regional medical plans;
(e) The development of a timeline planning for the design and use of board medical plans by not later than December 31, 2007;
(f) The use of information on claims and costs and of information reported by districts pursuant to COBRA in analyzing administrative and premium costs;
(g) The experience of states that have mandated statewide medical plans for public school employees, including the implementation strategies used by those states;
(h) Recommended strategies for the use of first-year roll-in premiums in the transition from district medical plans to school employees health care board plans;
(i) The option of allowing school districts to join an existing regional consortium as an alternative to school employees health care board plans;
(j) Mandatory and optional coverages to be offered by the board's medical plans;
(k) Potential risks to the state from the use of medical plans developed pursuant to this section;
(l) Any legislation needed to ensure the long-term financial solvency and stability of a health care purchasing system;
(m) The potential impacts of any changes to the existing purchasing structure on all of the following:
(i) Existing health care pooling and consortiums;
(ii) School district employees;
(iii) Individual school districts.
(n) Issues that could arise when school districts transition from the existing purchasing structure to a new purchasing structure;
(o) Strategies available to the board in the creation of fund reserves and the need for stop-loss insurance coverage for catastrophic losses;
(p) Any legislation needed to establish and maintain medical plans designed pursuant to this section. The consultant shall submit all legislative recommendations not later than December 31, 2006, in writing, to the school employees health care board and to the governor, the speaker of the house of representatives, and the president of the senate.
(3)(J) The public schools health care advisory committee is hereby created under the school employees health care board. The committee shall make recommendations to the school employees health care board related to the board's accomplishment of the duties assigned to the board under this section. The committee shall consist of eighteen members. The governor, the speaker of the house of representatives, and the president of the senate shall each appoint a representative from the Ohio education association, the Ohio school boards association, the Ohio association of school business officials, the Ohio association of health underwriters, an existing health care consortium serving public schools, and either a health insuring corporation, a sickness and accident insurer, or a third party administrator licensed to do business in Ohio and recommended by the Ohio association of health plans. The initial appointees shall be appointed to a one-year term not later than July 31, 2007, the members' term to begin on that date. Subsequent serve until December 31, 2007; subsequent one-year appointments, to commence on the thirty-first day of July first day of January of each year thereafter, and shall be made in the same manner. A member shall continue to serve subsequent to the expiration of the member's term until the member's successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term. The governor shall call the first meeting of each newly appointed committee. At that meeting the board shall elect a chairperson who shall call the time and place of future committee meetings. Committee members are not subject to the conditions for eligibility set by division (B) of this section for members of the school employees health care board.
(4) The school employees health care board shall submit a written study to the governor and the general assembly not later than January 31, 2007, of a plan to operate in compliance with this section, and on the governance of the school employees health care board. A copy of the board's plan of operation, including audit provisions, shall accompany the report on the board's governance and the report shall include the board's recommendations on any legislation needed to enforce the recommendations of the board on implementing the provisions of this section.
(5) Not later than January 15, 2009, and not later than the same day of each subsequent year, the school employees health care board shall submit a written report to the governor and each member of the general assembly, which report evaluates the performance of school employees health care board medical plans during the previous year. Districts offering employee health care benefits through a plan offered by a consortium of two or more districts, or a consortium of one or more districts and one or more political subdivisions as defined in section 9.833 of the Revised Code, representing five thousand or more employees as of January 1, 2005, may request permission from the school employees health care board to continue offering consortium plans to the districts' employees at the discretion of the board. If the board grants permission, the permission is valid for only one year but may be renewed annually thereafter upon application to an approval of the board. The board shall grant initial or continued approval upon finding, based on an actuarial evaluation of the existing consortium plan offerings, that benefit design, premium costs, administrative cost, and other factors considered by the board are equivalent to or lower than comparable costs of the board's plan options offered to the local district. Age and gender adjustments, benefit comparison adjustments, and the total cost of the consortium plan, including administration, benefit cost, stop-loss insurance, and all other expenses or information requested by the board shall be presented to the board prior to the board's decision to allow a local district to continue to offer health care benefits under a consortium plan. A district shall not participate in the consortium plan once the district has chosen to offer plans designed by the board to the district's employees and begins premium payments for deposit into the school employees health care fund.
(6)(K) The board may adopt rules for the enforcement of health plan sponsors' compliance with the best practices standards adopted by the board pursuant to this section.
(L) Any districts providing medical health care plan coverage for the employees of public schools, or that have provided coverage within two years prior to September 29, 2005, school districts shall provide nonidentifiable aggregate claims data for the coverage to the school employees health care board or the department of administrative services, without charge, within thirty sixty days after receiving a written request from the board or the department. The claims data shall include data relating to employee group benefit sets, demographics, and claims experience.
(J)(M)(1) The school employees health care board may contract with other state agencies for services as the board deems necessary for the implementation and operation of this section, based on demonstrated experience and expertise in administration, management, data handling, actuarial studies, quality assurance, or for other needed services. The school employees health care board shall may contract with the department of administrative services for central services until such time the board is deems itself able to obtain such services from its own staff or from other sources. The board shall reimburse the department of administrative services for the reasonable cost of those services.
(K) The board's administrative functions shall include, but are not limited to, the following:
(1) Maintaining reserves in the school employees health care fund, reinsurance, and other measures that in the judgment of the board will result in the long-term stability and solvency of the medical plans designed by the board. The board shall bill school districts, in proportion to a district's premium payments to all premium payments paid into the school employees health care fund during the previous year, in order to maintain necessary reserves, reinsurance, and administrative and operating funds. Each school district contributing to a board medical plan shall share any losses due to the expense of claims paid by the plan. In the event of a loss, the board may bill each district an amount, in proportion to the district's premium payments to all premium payments paid into the school employees health care fund during the previous year, sufficient in total to cover the loss. The state is not liable for any obligations of the school employees health care board or the school employees health care fund, or for expenses of public schools or school districts related to the board's medical plans.
(2) Providing health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries, to the extent that the board determines to be appropriate;
(3) Coordinating contracts for services related to the board's medical plans. Contracts shall be approved by the school employees health care board.
(L)(2) The board shall hire staff as necessary to provide administrative support to the board and the public school employee health care plan program established by this section.
(N) Not less more than ninety days before coverage begins for public school district employees under medical health care plans designed by containing best practices prescribed by the school employees health care board, a public school district's board of education shall provide detailed information about the medical health care plans to the employees.
(M)(O) Nothing in this section shall be construed as prohibiting public schools or school districts from consulting with and compensating insurance agents and brokers for professional services.
(N) The department of administrative services shall report to the governor, the speaker of the house of representatives, and the president of the senate not later than April 30, 2007, on the feasibility of achieving all of the following:
(1) Designing multiple medical plans to cover persons employed by public institutions of higher education that achieve an optimal combination of coverage, cost, choice, and stability, which plans include both state and regional preferred provider plans, set employee and employer premiums, and set employee plan copayments, deductibles, exclusions, limitations, formularies, and other responsibilities. For this purpose, "public institutions of higher education" include, without limitation, state universities and colleges, state community college districts, community college districts, university branch districts, technical college districts, and municipal universities.
(2) Maintaining reserves, reinsurance, and other measures to insure the long-term stability and solvency of the medical plans;
(3) Providing appropriate health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries;
(4) Coordinating contracts for services related to the medical plans.
(P)(1) Pursuant to Chapter 117. of the Revised Code, the auditor of state shall conduct all necessary and required audits of the board. The auditor of state, upon request, also shall furnish to the board copies of audits of public school districts or consortia performed by the auditor of state.
(2) Annually,
the superintendent of insurance shall evaluate the performance of the school employee health care board best practices during the previous year and submit the results in writing to the governor and the general assembly. The superintendent also shall include in the audit of the health care plans of the health plan sponsors for which the superintendent has jurisdiction for a determination of adherence to the best practices established by the board.
Sec. 3311.19. (A) The management and control of a joint
vocational school district shall be vested in the joint
vocational
school district board of education. Where a joint
vocational
school district is composed only of two or more local
school
districts located in one county, or when all the
participating
districts are in one county and the boards of such
participating
districts so choose, the educational
service center governing
board
of the county in which the joint vocational school district
is
located shall serve as the joint vocational school district
board
of education. Where a joint vocational school district is
composed of local school districts of more than one county, or of
any combination of city, local, or exempted village
school
districts or educational service centers, unless administration by
the
educational service center governing board has been chosen by
all the
participating districts in
one county pursuant to this
section, the board of education of
the joint vocational school
district shall be composed of one or
more persons who are members
of the boards of education from each
of the city or exempted
village school districts or
members of the educational service
centers' governing boards
affected to be appointed by the boards
of education or governing boards of
such
school districts and
educational service centers. In such joint vocational
school
districts the
number and terms of members of the joint vocational
school
district board of education and the allocation of a given
number
of members to each of the city and exempted village
districts and educational service centers shall be determined in
the plan for
such district,
provided that each such joint
vocational school district board of
education shall be composed of
an odd number of members.
(B) Notwithstanding division (A) of this section, a
governing
board of an educational service center that has members
of
its
governing board serving on a
joint vocational school
district board of education may make a
request to the joint
vocational district board that the joint
vocational school
district plan be revised to provide for one or
more members of
boards of education of local school districts
that are within the
territory of the educational
service district and within the joint
vocational school district to serve in the place of or in
addition
to its educational service center governing board members. If
agreement
is obtained among a majority of the boards of education
and governing boards
that have
a member serving on the joint
vocational school district board of
education and among a majority
of the local school district
boards of education included in the
district and located within
the territory of the educational
service center
whose board requests the substitution
or addition,
the state board of education may revise the joint
vocational
school district plan to conform with such agreement.
(C) If the board of education of any school district
or
educational service center governing board included within a joint
vocational district that has had its
board or governing board
membership revised under division (B) of this section
requests the
joint vocational school district board to submit to
the state
board of education a revised plan under which one or
more joint
vocational board members chosen in accordance with a
plan revised
under such division would again be chosen in the
manner prescribed
by division (A) of this section, the joint
vocational board shall
submit the revised plan to the state board
of education, provided
the plan is agreed to by a majority of the
boards of education
represented on the joint vocational board, a
majority of the local
school district boards included within the
joint vocational
district, and each educational service center
governing board
affected by such plan. The state board of education may revise
the joint vocational school district plan to conform with the
revised plan.
(D) The vocational schools in such joint vocational school
district shall be available to all youth of school age within the
joint vocational school district subject to the rules adopted by
the joint vocational school district board of education in regard
to the standards requisite to admission. A joint vocational
school district board of education shall have the same powers,
duties, and authority for the management and operation of such
joint vocational school district as is granted by law, except by
this chapter and Chapters 124., 3317., 3323., and 3331. of the
Revised Code, to a board of education of a city school district,
and shall be subject to all the provisions of law that apply to a
city school district, except such provisions in this chapter and
Chapters 124., 3317., 3323., and 3331. of the Revised Code.
(E) Where a governing board of an educational
service center
has been designated
to serve as the joint vocational school
district board of
education, the educational service center
superintendent shall be the
executive officer for the joint
vocational school district, and
the governing board may provide
for additional compensation to be paid to
the educational service
center superintendent by the joint
vocational school district, but
the educational service
center
superintendent shall have no
continuing tenure other than that of educational service center
superintendent. The
superintendent of schools of a joint
vocational school district
shall exercise the duties and authority
vested by law in a
superintendent of schools pertaining to the
operation of a school
district and the employment and supervision
of its personnel. The joint
vocational school district board of
education shall
appoint a treasurer of the joint vocational school
district who
shall be the fiscal officer for such district and who
shall have
all the powers, duties, and authority vested by law in
a
treasurer of a board of education. Where a governing board of
an educational service center has been designated to serve as
the
joint vocational
school district board of education, such board
may appoint the
educational service center superintendent as
the
treasurer of the joint
vocational school district.
(F) Each member of a joint vocational school district
board
of education may be paid such compensation as the board
provides
by resolution, but it shall not exceed
one hundred
twenty-five
dollars
per member for each meeting attended plus
mileage, at the
rate per mile
provided by resolution of the board,
to and from
meetings of the board.
The board may provide by resolution for the deduction of
amounts payable for benefits under section
3313.202 of the Revised Code.
Each member of a joint vocational school district board may
be paid such compensation as the board provides by resolution for
attendance at
an approved training program, provided that such
compensation
shall not exceed sixty dollars per day for attendance
at a
training program three hours or fewer in length and one
hundred
twenty-five dollars a day for attendance at a training
program
longer than three hours in length. However, no board
member shall
be compensated for the same training program under
this section
and section 3313.12 of the Revised Code.
Sec. 3313.12. Each member of the educational service center
governing board
may be paid such compensation as the governing
board provides by
resolution, provided that any such compensation
shall not exceed
one hundred twenty-five dollars a day plus
mileage both ways, at the rate per mile
provided by resolution of
the governing board,
for attendance
at any
meeting of the board.
Such
compensation and the expenses of the
educational
service
center
superintendent, itemized and
verified, shall be
paid from
the
educational service center governing board fund upon
vouchers
signed by
the
president of the governing board.
The board of education of any city, local, or exempted
village school district
may provide by resolution for compensation
of its
members, provided that such compensation shall not exceed
one hundred twenty-five
dollars per member for meetings
attended.
The board may provide by resolution for the deduction of
amounts
payable for benefits under section
3313.202 of the
Revised Code.
Each member of a district board or educational service center
governing board may be paid such compensation as the respective
board provides by resolution for attendance at an approved
training
program, provided that such compensation shall not exceed
sixty
dollars a day for attendance at a training program three
hours or
fewer in length and one hundred twenty-five dollars a day
for
attendance at a training program longer than three hours in
length.
Sec. 3313.202. Any elected or appointed member of the board of
education of a school district and the dependent children and spouse of the member may
be covered, at the option of the member, under any medical health care plan designed containing best practices prescribed by the school employees health care board under
section 9.901 of the Revised Code. The member shall pay all premiums for that coverage. Payments for such coverage shall be made, in advance,
in a manner prescribed by the school employees health care board. The member's exercise of an
option to be covered under this section shall be in writing,
announced at a regular public meeting of the board of education, and recorded
as a public record in the minutes of the board.
Sec. 3313.33. (A) Conveyances made by a board of education
shall be executed by the president and treasurer thereof.
(B) Except as provided in division (C) of this section, no member of the board shall have, directly or indirectly, any
pecuniary interest in any contract of the board or be employed in
any manner for compensation by the board of which the person
is a member. No contract shall be binding upon any board unless it is made or
authorized at a regular or special meeting of such board.
(C) A member of the board may have a pecuniary interest in a contract of the board if all of the following apply:
(1) The member's pecuniary interest in that contract is that the member is employed by a political subdivision, instrumentality, or agency of the state that is contracting with the board;
(2) The member does not participate in any discussion or debate regarding the contract or vote on the contract;
(3) The member files with the school district treasurer an affidavit stating the member's exact employment status with the political subdivision, instrumentality, or agency contracting with the board.
(D) This section does not apply where a member of the board,
being a shareholder of a corporation but not being an officer or
director thereof, owns not in excess of five per cent of the
stock of such corporation. If a stockholder desires to avail
self of the exception, before entering upon such
contract such person shall first file with the treasurer an affidavit stating
the stockholder's exact status and connection with said
corporation.
This section does not apply where a member of the board
elects to be covered by a medical health care plan
under section 3313.202 of the Revised Code.
Sec. 4117.03. (A) Public employees have the right to:
(1) Form, join, assist, or participate in, or refrain from
forming, joining, assisting, or participating in, except as
otherwise provided in Chapter 4117. of the Revised Code, any
employee organization of their own choosing;
(2) Engage in other concerted activities for the purpose
of collective bargaining or other mutual aid and protection;
(3) Representation by an employee organization;
(4) Bargain collectively with their public employers to
determine wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement, and enter into
collective bargaining agreements;
(5) Present grievances and have them adjusted, without the
intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and as long as the bargaining
representatives have the opportunity to be present at the
adjustment.
(B) Persons on active duty or acting in any capacity as
members of the organized militia do not have collective
bargaining rights.
(C) Except as provided in division (D) of this section, nothing in Chapter 4117. of the Revised Code prohibits
public employers from electing to engage in collective
bargaining, to meet and confer, to hold discussions, or to engage in any other form of
collective negotiations with public employees who are not subject
to Chapter 4117. of the Revised Code pursuant to division (C) of
section 4117.01 of the Revised Code.
(D) A public employer shall not engage in collective bargaining or other forms of collective negotiations with the employees of county boards of elections referred to in division (C)(12) of section 4117.01 of the Revised Code.
(E)(1) Employees of public school schools may bargain collectively for health care benefits; however, all health care benefits shall be provided through include best practices prescribed by the school employees health care board medical plans, in accordance with section 9.901 of the Revised Code. If a school district provides its employees with health care benefits pursuant to collective bargaining, the employees shall be permitted to choose a plan option from among the school employees health care board plans agreed to during collective bargaining.
(2) During collective bargaining, employees of public schools may agree to pay a higher percentage of the premium for health benefit coverage under the plans designed by the school employees health care board pursuant to section 9.901 of the Revised Code than the percentage designated as the employees' contribution level by the board. A collective bargaining agreement, however, shall not permit the employees to contribute a lesser percentage of the premium than that set as the employees' contribution level by the school employees health care board, unless, in so doing, the participating school board is able to remain in compliance with the aggregate goal set pursuant to division (G)(3) of section 9.901 of the Revised Code.
Sec. 4117.08. (A) All matters pertaining to wages, hours,
or terms and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement are subject to collective
bargaining between the public employer and the exclusive
representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code.
(B) The conduct and grading of civil service examinations,
the rating of candidates, the establishment of eligible lists
from the examinations, and the original appointments from the
eligible lists are not appropriate subjects for collective
bargaining.
(C) Unless a public employer agrees otherwise in a
collective bargaining agreement, nothing in Chapter 4117. of the
Revised Code impairs the right and responsibility of each public
employer to:
(1) Determine matters of inherent managerial policy which
include, but are not limited to areas of discretion or policy
such as the functions and programs of the public employer,
standards of services, its overall budget, utilization of
technology, and organizational structure;
(2) Direct, supervise, evaluate, or hire employees;
(3) Maintain and improve the efficiency and effectiveness
of governmental operations;
(4) Determine the overall methods, process, means, or
personnel by which governmental operations are to be conducted;
(5) Suspend, discipline, demote, or discharge for just
cause, or lay off, transfer, assign, schedule, promote, or retain
employees;
(6) Determine the adequacy of the work force;
(7) Determine the overall mission of the employer as a
unit of government;
(8) Effectively manage the work force;
(9) Take actions to carry out the mission of the public
employer as a governmental unit.
The employer is not required to bargain on subjects
reserved to the management and direction of the governmental unit
except as affect wages, hours, terms and conditions of
employment, and the continuation, modification, or deletion of an
existing provision of a collective bargaining agreement. A
public employee or exclusive representative may raise a
legitimate complaint or file a grievance based on the collective
bargaining agreement.
Section 130.03. Section 611.03 of Am. Sub. H.B. 66 of the 126th General Assembly is hereby repealed.
Section 130.04. Existing sections 9.833, 9.90, 9.901, 3313.202, 3313.33, and 4117.03 of the Revised Code are hereby repealed.
Section 130.05. The Governor, the President of the Senate, and the Speaker of the House of Representatives each shall appoint one additional member to the School Employees Health Care Board created pursuant to section 9.901 of the Revised Code. The terms of these additional members as well as the terms of the current members shall end on December 31, 2010. Thereafter, terms of office shall be as specified in section 9.901 of the Revised Code as it results from its amendment by this act. The three additional members each shall be representative of nonadministrative public school employees.
Section 201.01. Except as otherwise provided in this act, all appropriation items in this act are appropriated out of any moneys in the state treasury to the credit of the designated fund that are not otherwise appropriated. For all appropriations made in this act, the amounts in the first column are for fiscal year 2008 and the amounts in the second column are for fiscal year 2009.
Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO
General Services Fund Group
4J8 |
889-601 |
|
CPA Education Assistance |
|
$ |
325,000 |
|
$ |
325,000 |
4K9 |
889-609 |
|
Operating Expenses |
|
$ |
1,092,246 |
|
$ |
1,117,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,417,246 |
|
$ |
1,442,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,417,246 |
|
$ |
1,442,000 |
Section 205.10. ADJ ADJUTANT GENERAL
GRF |
745-401 |
|
Ohio Military Reserve |
|
$ |
15,188 |
|
$ |
15,188 |
GRF |
745-404 |
|
Air National Guard |
|
$ |
2,246,005 |
|
$ |
2,284,198 |
GRF |
745-407 |
|
National Guard Benefits |
|
$ |
1,400,000 |
|
$ |
1,400,000 |
GRF |
745-409 |
|
Central Administration |
|
$ |
4,295,778 |
|
$ |
4,460,069 |
GRF |
745-499 |
|
Army National Guard |
|
$ |
5,064,836 |
|
$ |
5,169,368 |
GRF |
745-502 |
|
Ohio National Guard Unit Fund |
|
$ |
102,973 |
|
$ |
102,973 |
TOTAL GRF General Revenue Fund |
|
$ |
13,124,780 |
|
$ |
13,431,796 |
General Services Fund Group
534 |
745-612 |
|
Property Operations/Management |
|
$ |
534,304 |
|
$ |
534,304 |
536 |
745-620 |
|
Camp Perry/Buckeye Inn Operations |
|
$ |
1,202,970 |
|
$ |
1,202,970 |
537 |
745-604 |
|
Ohio National Guard Facility Maintenance |
|
$ |
269,826 |
|
$ |
269,826 |
TOTAL GSF General Services Fund Group |
|
$ |
2,007,100 |
|
$ |
2,007,100 |
Federal Special Revenue Fund Group
3E8 |
745-628 |
|
Air National Guard Agreement |
|
$ |
14,100,000 |
|
$ |
14,906,820 |
3R8 |
745-603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
341 |
745-615 |
|
Air National Guard Base Security |
|
$ |
2,497,480 |
|
$ |
2,729,939 |
342 |
745-616 |
|
Army National Guard Agreement |
|
$ |
10,146,178 |
|
$ |
10,590,050 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
26,768,658 |
|
$ |
28,251,809 |
State Special Revenue Fund Group
5U8 |
745-613 |
|
Community Match Armories |
|
$ |
220,000 |
|
$ |
220,000 |
528 |
745-605 |
|
Marksmanship Activities |
|
$ |
128,600 |
|
$ |
128,600 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
348,600 |
|
$ |
348,600 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
42,249,138 |
|
$ |
44,039,305 |
The foregoing appropriation item 745-407, National Guard Benefits, shall be used for purposes of sections 5919.31 and 5919.33 of the Revised Code, and for administrative costs of the associated programs.
For active duty members of the Ohio National Guard who died after October 7, 2001, while performing active duty, the death benefit, pursuant to section 5919.33 of the Revised Code, shall be paid to the beneficiary or beneficiaries designated on the member's Servicemembers' Group Life Insurance Policy.
Of the foregoing appropriation item 745-409, Central Administration, $50,000 in each fiscal year shall be used for the purpose of paying expenses related to state active duty of members of the Ohio organized militia, in accordance with a proclamation of the Governor. Expenses include, but are not limited to, the cost of equipment, supplies, and services, as determined by the Adjutant General's Department.
Of the foregoing appropriation item 745-409, Central Administration, up to $60,000 in each fiscal year of unspent and unencumbered funds remaining after meeting all other obligations of this appropriation shall be used for a grant to the American Red Cross Greater Columbus Chapter to be distributed equally to the Ohio chapters in existence on the effective date of this section. The funds from this grant shall be used for the Armed Forces Emergency Services program of the American Red Cross in Ohio to support members of the military and their families. Upon distribution of the funds, the American Red Cross Greater Columbus Chapter shall report to the Adjutant General on the actual distribution to the various chapters and any administrative costs associated with the distribution.
Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
GRF |
100-403 |
|
Public School Employee Benefits |
|
$ |
1,425,000 |
|
$ |
1,425,000 |
GRF |
100-404 |
|
CRP Procurement Program |
|
$ |
255,000 |
|
$ |
255,000 |
GRF |
100-405 |
|
Agency Audit Expenses |
|
$ |
400,000 |
|
$ |
400,000 |
GRF |
100-406 |
|
County
& University Human Resources Services |
|
$ |
875,000 |
|
$ |
875,000 |
GRF |
100-410 |
|
Veterans' Records Conversion |
|
$ |
46,170 |
|
$ |
46,171 |
GRF |
100-415 |
|
OAKS Rental Payments |
|
$ |
14,162,000 |
|
$ |
14,165,000 |
GRF |
100-418 |
|
Web Sites and Business Gateway |
|
$ |
3,270,473 |
|
$ |
3,270,083 |
GRF |
100-419 |
|
IT Security Infrastructure |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
GRF |
100-421 |
|
OAKS Project Implementation |
|
$ |
375,000 |
|
$ |
375,000 |
GRF |
100-433 |
|
State of Ohio Computer Center |
|
$ |
5,092,502 |
|
$ |
5,007,502 |
GRF |
100-439 |
|
Equal Opportunity Certification Programs |
|
$ |
750,236 |
|
$ |
750,236 |
GRF |
100-447 |
|
OBA - Building Rent Payments |
|
$ |
112,294,800 |
|
$ |
106,476,400 |
GRF |
100-448 |
|
OBA - Building Operating Payments |
|
$ |
26,457,000 |
|
$ |
27,303,000 |
GRF |
100-449 |
|
DAS - Building Operating Payments |
|
$ |
3,769,510 |
|
$ |
3,834,871 |
GRF |
100-451 |
|
Minority Affairs |
|
$ |
52,927 |
|
$ |
52,927 |
GRF |
100-734 |
|
Major Maintenance - State Bldgs |
|
$ |
42,000 |
|
$ |
42,000 |
GRF |
102-321 |
|
Construction Compliance |
|
$ |
1,167,099 |
|
$ |
1,167,099 |
GRF |
130-321 |
|
State Agency Support Services |
|
$ |
5,495,163 |
|
$ |
5,855,163 |
TOTAL GRF General Revenue Fund |
|
$ |
177,429,880 |
|
$ |
172,800,452 |
General Services Fund Group
112 |
100-616 |
|
DAS Administration |
|
$ |
5,299,427 |
|
$ |
5,299,427 |
115 |
100-632 |
|
Central Service Agency |
|
$ |
860,878 |
|
$ |
928,403 |
117 |
100-644 |
|
General Services Division - Operating |
|
$ |
8,295,772 |
|
$ |
8,540,772 |
122 |
100-637 |
|
Fleet Management |
|
$ |
2,182,968 |
|
$ |
2,032,968 |
125 |
100-622 |
|
Human Resources Division - Operating |
|
$ |
19,890,614 |
|
$ |
20,560,614 |
128 |
100-620 |
|
Collective Bargaining |
|
$ |
3,464,533 |
|
$ |
3,662,534 |
130 |
100-606 |
|
Risk Management Reserve |
|
$ |
2,568,548 |
|
$ |
2,568,548 |
131 |
100-639 |
|
State Architect's Office |
|
$ |
7,348,483 |
|
$ |
7,544,164 |
132 |
100-631 |
|
DAS Building Management |
|
$ |
9,716,228 |
|
$ |
10,166,228 |
133 |
100-607 |
|
IT Services Delivery |
|
$ |
92,539,887 |
|
$ |
75,847,949 |
188 |
100-649 |
|
Equal Opportunity Division - Operating |
|
$ |
847,409 |
|
$ |
884,650 |
201 |
100-653 |
|
General Services Resale Merchandise |
|
$ |
1,553,000 |
|
$ |
1,553,000 |
210 |
100-612 |
|
State Printing |
|
$ |
5,681,421 |
|
$ |
5,436,421 |
229 |
100-630 |
|
IT Governance |
|
$ |
17,108,546 |
|
$ |
17,108,546 |
4N6 |
100-617 |
|
Major IT Purchases |
|
$ |
7,495,719 |
|
$ |
7,495,719 |
4P3 |
100-603 |
|
DAS Information Services |
|
$ |
4,793,190 |
|
$ |
4,958,218 |
427 |
100-602 |
|
Investment Recovery |
|
$ |
5,683,564 |
|
$ |
5,683,564 |
5C2 |
100-605 |
|
MARCS Administration |
|
$ |
11,069,291 |
|
$ |
11,069,291 |
5C3 |
100-608 |
|
Skilled Trades |
|
$ |
934,982 |
|
$ |
934,982 |
5D7 |
100-621 |
|
Workforce Development |
|
$ |
70,000 |
|
$ |
0 |
5EB |
100-635 |
|
OAKS Support Organization |
|
$ |
19,132,671 |
|
$ |
19,132,671 |
5L7 |
100-610 |
|
Professional Development |
|
$ |
3,900,000 |
|
$ |
3,900,000 |
5V6 |
100-619 |
|
Employee Educational Development |
|
$ |
936,129 |
|
$ |
936,129 |
5X3 |
100-634 |
|
Centralized Gateway Enhancement |
|
$ |
974,023 |
|
$ |
974,023 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
232,347,283 |
|
$ |
217,218,821 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
409,777,163 |
|
$ |
390,019,273 |
Section 207.10.10. PUBLIC SCHOOL EMPLOYEE BENEFITS
The foregoing appropriation item 100-403, Public School Employee Benefits, shall be used by the School Employees Health Care Board to hire staff to provide administrative support to the Board and other lawful uses of said fund as prescribed under section 9.901 of the Revised Code. This section succeeds Section 203.12.02 of Am. Sub. H.B. 66 of the 126th General Assembly.
Section 207.10.20. AGENCY AUDIT EXPENSES
The foregoing appropriation item 100-405, Agency Audit
Expenses, shall be used for
auditing expenses
designated in division (A)(1) of section 117.13
of the Revised
Code for those state agencies audited on a
biennial basis.
Section 207.10.30. OAKS RENTAL PAYMENTS
The foregoing appropriation item 100-415, OAKS Rental Payments, shall be used for payments for the period from July 1, 2007, through June 30, 2009, pursuant to leases and agreements entered into under Chapter 125. of the Revised Code, as supplemented by Section 403.10 of Am. Sub. H.B. 530 of the 126th General Assembly with respect to financing the costs associated with the acquisition, development, installation, and implementation of the Ohio Administrative Knowledge System. If it is determined that additional appropriations are necessary for this purpose, the amounts are hereby appropriated.
Section 207.10.40. BUILDING RENT PAYMENTS
The foregoing appropriation item 100-447, OBA - Building Rent
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2007, to June
30, 2009, by the Department of Administrative Services to the Ohio
Building Authority pursuant to leases and agreements under Chapter
152. of the Revised Code. These appropriations are the source of funds pledged for bond service charges on obligations issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 100-448, OBA -
Building Operating Payments, shall be used to meet all payments at
the times that they are required to be made during the period from
July 1, 2007, to June 30, 2009, by the Department of
Administrative Services to the Ohio Building Authority pursuant to leases and agreements under Chapter 152. of the Revised Code, but
limited to the aggregate amount of $53,760,000.
The payments to the Ohio Building Authority are for the
purpose of paying the expenses of agencies that occupy space in
the various state facilities. The Department of Administrative
Services may enter into leases and agreements with the Ohio
Building Authority providing for the payment of these expenses.
The Ohio Building Authority shall report to the Department of
Administrative Services and the Office of Budget and Management
not later than five months after the start of a fiscal year the
actual expenses incurred by the Ohio Building Authority in
operating the facilities and any balances remaining from payments
and rentals received in the prior fiscal year. The Department of
Administrative Services shall reduce subsequent payments by the
amount of the balance reported to it by the Ohio Building
Authority.
Section 207.10.50. DAS - BUILDING OPERATING PAYMENTS
The foregoing appropriation item 100-449, DAS - Building
Operating Payments,
shall be used to pay the rent expenses of
veterans organizations pursuant to
section 123.024 of the Revised
Code in fiscal years 2008 and
2009.
The foregoing appropriation item, 100-449, DAS - Building
Operating Payments, may be used to provide funding for the cost of
property appraisals or building studies that the Department of Administrative Services
may be required to obtain for property that is being sold by the
state or property under consideration to be renovated or purchased by the
state.
Notwithstanding section 125.28 of the Revised Code, the
remaining
portion of
the appropriation may be used to pay the
operating expenses of
state
facilities maintained by the
Department of Administrative
Services that are
not billed to
building tenants. These expenses may include, but
are not
limited
to, the costs for vacant space and space undergoing
renovation,
and
the rent expenses of tenants that are relocated due to
building
renovations. These payments shall be processed by the
Department of
Administrative Services
through intrastate transfer
vouchers and placed in
the Building
Management Fund (Fund
132).
Section 207.10.60. CENTRAL SERVICE AGENCY FUND
The Department of Administrative Services shall not allocate annual costs for maintaining an automated application for the professional licensing boards and for the costs of supporting licensing functions in excess of the amounts supported by licensing and registration fees established for fiscal year 2007. The charges shall be billed to the professional licensing boards and deposited via intrastate transfer vouchers to the credit of the Central Service Agency Fund (Fund 115).
Section 207.10.70. ELIMINATION OF THE VEHICLE LIABILITY FUND ASSETS
(A) Effective July 1, 2007, the Vehicle Liability Fund (Fund 127) is abolished and its functions, assets, and liabilities are transferred to the Risk Management Reserve Fund (Fund 130). The Risk Management Reserve Fund is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the Vehicle Liability Fund.
Any business commenced but not completed with regard to the Vehicle Liability Fund on July 1, 2007, shall be completed with regard to the Risk Management Reserve Fund, in the same manner, and with the same effect, as if completed with regard to the Vehicle Liability Fund. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer and shall be administered with regard to the Risk Management Reserve Fund. All of the rules, orders, and determinations associated with the Vehicle Liability Fund continue in effect as rules, orders, and determinations associated with the Risk Management Reserve Fund, until modified or rescinded by the Director of Administrative Services. If necessary to ensure the integrity of the Administrative Code, the Director of the Legislative Service Commission shall renumber the rules relating to the Vehicle Liability Fund to reflect its transfer to the Risk Management Reserve Fund.
(B) Employees paid from the Vehicle Liability Fund shall be transferred to the Risk Management Reserve Fund or dismissed. Employees paid from the Vehicle Liability Fund so dismissed cease to hold their positions of employment on July 1, 2007.
(C) No judicial or administrative action or proceeding by which the Vehicle Liability Fund is affected that is pending on July 1, 2007, is affected by the transfer of functions under division (A) of this section. The action or proceeding shall be prosecuted or defended on behalf of the Risk Management Reserve Fund and the Risk Management Reserve Fund upon application to the court or agency shall be substituted for the Vehicle Liability Fund as affected by the action or proceeding.
(D) On and after July 1, 2007, when the Vehicle Liability Fund is referred to in any statute, rule, contract, grant, or other document, the reference is hereby deemed to refer to the Risk Management Reserve Fund.
Section 207.10.80. TRANSFER OF VEHICLE LIABILITY FUND ASSETS
On and after July 1, 2007, notwithstanding any provision to the contrary, the Director of Budget and Management is authorized to take the actions and effectuate the budget changes made necessary by administrative reorganization, program transfers, the creation of new funds, and the consolidation of funds required for the transfer of the Vehicle Liability Fund Assets to the Risk Management Reserve Fund. The Director of Budget and Management may make any transfer of cash balances between funds. At the request of the Director of Budget and Management, the Director of Administrative Services shall certify to the Director of Budget and Management an estimate of the amount of the Vehicle Liability Fund cash balance to be transferred to the Risk Management Reserve Fund. The Director of Budget and Management may transfer the estimated amount when needed to make payments. Not more than thirty days after certifying the estimated amount, the Director of Administrative Services shall certify the final amount to the Director of Budget and Management. The Director of Budget and Management shall transfer the difference between any amount previously transferred and the certified final amount. The Director of Budget and Management may cancel encumbrances and re-establish encumbrances or parts of encumbrances of the Vehicle Liability Fund as needed in fiscal year 2008 in the Risk Management Reserve Fund for the same purposes. The appropriation authority necessary to re-establish such encumbrances in fiscal year 2008, as determined by the Director of Budget and Management, in appropriation item 100-606, Risk Management Reserve, is hereby appropriated. When re-established encumbrances or parts of re-established encumbrances of the Vehicle Liability Fund are canceled, the Director of Budget and Management shall reduce the appropriation for appropriation item 100-606, Risk Management Reserve, by the amount of the encumbrances canceled. The amounts canceled are hereby authorized. Any fiscal year 2007 unencumbered or unallotted appropriation for appropriation item 100-627, Vehicle Liability Insurance, may be transferred to appropriation item 100-606, Risk Management Reserve, to be used for the same purposes, as determined by the Director of Budget and Management. The amounts transferred are hereby appropriated.
Section 207.10.90. COLLECTIVE BARGAINING ARBITRATION EXPENSES
With approval of the Director of Budget and Management, the
Department of Administrative Services may seek reimbursement from
state agencies for the actual costs and expenses the department
incurs in the collective bargaining arbitration process. The
reimbursements shall be processed through intrastate transfer
vouchers and placed in the Collective Bargaining Fund (Fund 128).
Section 207.20.10. EQUAL OPPORTUNITY PROGRAM
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the activities supported
by the State EEO Fund (Fund 188). These charges
shall be deposited to the credit of the State EEO
Fund (Fund 188) upon payment made by state agencies,
state-supported or state-assisted institutions of higher
education, and tax-supported agencies, municipal corporations, and
other political subdivisions of the state, for services rendered.
Section 207.20.20. MERCHANDISE FOR RESALE
The foregoing appropriation item 100-653, General Services
Resale
Merchandise, shall be used to account for merchandise for
resale,
which is administered by the General Services Division.
Deposits to the fund may comprise the cost of merchandise for
resale and shipping fees.
Section 207.20.30. DAS INFORMATION SERVICES
There is hereby established in the State Treasury the DAS Information Services Fund. The foregoing appropriation item 100-603, DAS Information Services, shall be used to pay the costs of providing information systems and services in the Department of Administrative Services.
The Department of Administrative Services shall establish user charges for all information systems and services that are allowable in the statewide indirect cost allocation plan submitted annually to the United States Department of Health and Human Services. These charges shall comply with federal regulations and shall be deposited to the credit of the DAS Information Services Fund (Fund 4P3).
Section 207.20.40. INVESTMENT RECOVERY FUND
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund (Fund 427) may be used to
support the operating expenses of the Federal Surplus Operating
Program created in sections 125.84 to 125.90 of the Revised Code.
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund may be used to
support the operating expenses of the Asset Management Services Program, including, but not limited to, the cost of establishing and maintaining procedures for inventory records for state property as described in section 125.16 of the Revised Code.
Of the foregoing appropriation item 100-602, Investment
Recovery, up to $2,271,209 in fiscal year 2008 and up to
$2,353,372 in fiscal year 2009 shall be used to pay the operating
expenses of the State Surplus Property Program, the Surplus
Federal Property Program, and the Asset Management Services Program under Chapter 125. of
the Revised Code and this section. If additional appropriations
are necessary for the operations of these programs, the Director
of Administrative Services shall seek increased appropriations
from the Controlling Board under section 131.35 of the Revised
Code.
Of the foregoing appropriation item 100-602, Investment
Recovery,
$3,412,355 in fiscal year 2008 and
$3,330,192 in
fiscal
year 2009 shall be used to transfer proceeds
from the sale
of
surplus property from the Investment Recovery
Fund to
non-General
Revenue Funds under division (A)(2) of
section
125.14 of the
Revised Code. If it is determined by the
Director
of
Administrative Services that additional appropriations
are
necessary for the transfer of such sale proceeds, the Director
of
Administrative Services may request the Director of Budget
and
Management to increase the amounts. Such amounts are hereby
appropriated.
Notwithstanding division (B) of section 125.14 of the Revised Code, the Director of Budget and Management, at the request of the Director of Administrative Services, shall transfer up to $500,000 of the amounts held for transfer to the General Revenue Fund from the Investment Recovery Fund to the State Architect's Fund (Fund 131) to provide operating cash.
Section 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM
Effective with the implementation of the Multi-Agency Radio
Communications System, the State Chief Information Officer
shall collect user fees from participants in the system. The
State Chief Information Officer, with the advice of the
Multi-Agency Radio Communications System Steering Committee and
the Director of Budget and Management, shall determine the amount
of the fees and the manner by which the fees shall be collected.
Such user charges shall comply with the applicable cost principles
issued by the federal Office of Management and Budget. All moneys
from user charges and fees shall be deposited in the state
treasury to the credit of the Multi-Agency Radio Communications
System Administration Fund (Fund 5C2), which is hereby established in the state treasury. All interest income derived from the investment of the fund shall accrue to the fund.
Section 207.20.60. WORKFORCE DEVELOPMENT FUND
There is hereby established in the state treasury the
Workforce Development Fund (Fund 5D7). The foregoing
appropriation item 100-621, Workforce Development, shall be used
to make payments from the fund. The fund shall be under the
supervision of the Department of Administrative Services, which
may adopt rules with regard to administration of the fund. The
fund shall be used to pay the costs of any remaining obligations of the Workforce Development
Program, in accordance with Article 37 of the contract between the
State of Ohio and OCSEA/AFSCME, Local 11, abolished effective March 1, 2006. These costs include, but are not limited to, remaining grant obligations, payments for tuition reimbursement, contracted services and general overhead, and any settlement costs associated with the Statewide Cost Allocation Program (SWCAP).
The program shall be administered in accordance with the contract.
Revenues shall accrue to the fund as specified in the contract.
The fund may be used to pay direct and indirect costs of the
program that are attributable to staff, consultants, and service
providers. All income derived from the investment of the fund
shall accrue to the fund.
If it is determined by the Director of Administrative
Services that additional appropriation amounts are necessary, the
Director of Administrative Services may request that the Director
of Budget and Management increase such amounts. Such amounts are hereby
appropriated.
Section 207.20.70. OAKS SUPPORT ORGANIZATION
The foregoing appropriation item 100-635, OAKS Support Organization, shall be used by the Office of Information Technology to support the operating costs associated with the implementation and maintenance of the state's enterprise resource planning system, OAKS, consistent with its responsibilities under this section and Chapters 125. and 126. of the Revised Code. The OAKS Support Organization shall operate and maintain the human capital management and financial management modules of the state's enterprise resource planning system to support statewide human resources and financial management activities administered by the Department of Administrative Services' human resources division and the Office of Budget and Management. The OAKS Support Organization shall recover the costs to establish, operate, and maintain the OAKS system through intrastate transfer voucher billings to the Department of Administrative Services and the Office of Budget and Management. Effective July 1, 2007, the Department of Administrative Services, with the approval of the Director of Budget and Management, shall include the recovery of the costs of administering the human capital management module of the OAKS System within the human resources services payroll rate. These revenues shall be deposited to the credit of the Human Resources Services Fund (Fund 125). Amounts deposited under this section are hereby appropriated to appropriation item 100-622, Human Resources Division-Operating. Not less than quarterly, the Department of Administrative Services shall process the intrastate transfer billings to transfer cash from the Human Resources Services Fund (Fund 125) to the OAKS Support Organization Fund (Fund 5EB) to pay for the OAKS Support Organization costs.
Section 207.20.80. PROFESSIONAL DEVELOPMENT FUND
The foregoing appropriation item 100-610, Professional
Development, shall be used to make payments from the Professional
Development Fund (Fund 5L7) under section 124.182 of the
Revised Code.
Section 207.20.90. EMPLOYEE EDUCATIONAL DEVELOPMENT
There is hereby established in the state treasury the Employee Educational Development Fund (Fund 5V6). The foregoing appropriation item 100-619, Employee Educational Development, shall be used to make payments from the fund. The fund shall be used to pay the costs of the administration of educational programs per existing collective bargaining agreements with District 1199, the Health Care and Social Service Union; State Council of Professional Educators; Ohio Education Association and National Education Association; the Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio State Troopers Association, Units 1 and 15. The fund shall be under the supervision of the Department of Administrative Services, which may adopt rules with regard to administration of the fund. The fund shall be administered in accordance with the applicable sections of the collective bargaining agreements between the State and the aforementioned unions. The Department of Administrative Services, with the approval of the Director of Budget and Management, shall establish charges for recovering the costs of administering the educational programs. Receipts for these charges shall be deposited into the Employee Educational Development Fund. All income derived from the investment of the funds shall accrue to the fund.
If it is determined by the Director of Administrative Services that additional appropriation amounts are necessary, the Director of Administrative Services may request that the Director of Budget and Management increase such amounts. Such amounts are hereby appropriated with the approval of the Director of Budget and Management.
Section 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND
(A) As used in this section, "Ohio Business Gateway" refers to the internet-based system operated by the Office of Information Technology with the advice of the Ohio Business Gateway Steering Committee established under section 5703.57 of the Revised Code. The Ohio Business Gateway is established to provide businesses a central web site where various filings and payments are submitted on-line to government. The information is then distributed to the various government entities that interact with the business community.
(B) As used in this section:
(1) "State Portal" refers to the official web site of the state, operated by the Office of Information Technology.
(2) "Shared Hosting Environment" refers to the computerized system operated by the Office of Information Technology for the purpose of providing capability for state agencies to host web sites.
(C) There is hereby created in the state treasury the Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing appropriation item 100-634, Centralized Gateway Enhancements, shall be used by the Office of Information Technology to pay the costs of enhancing, expanding, and operating the infrastructure of the Ohio Business Gateway, State Portal, and Shared Hosting Environment.
The State Chief Information Officer shall submit periodic spending plans to the Director of Budget and Management to justify operating transfers to the fund from the General Revenue Fund. Upon approval, the Director of Budget and Management shall transfer approved amounts to the fund, not to exceed the amount of the annual appropriation in each fiscal year. The spending plans may be based on the recommendations of the Ohio Business Gateway Steering Committee or its successor.
Section 207.30.20. MAJOR IT PURCHASES
The State Chief Information Officer shall compute the
amount
of revenue attributable to the amortization of all
equipment
purchases and capitalized systems from appropriation item 100-607, IT Service Delivery; appropriation item
100-617, Major IT
Purchases; and appropriation item CAP-837,
Major IT Purchases,
which is recovered by the Office of Information Technology as part of the rates charged by the IT Service Delivery Fund (Fund 133) created in section 125.15 of the
Revised Code. The Director of Budget and Management may transfer
cash in an amount not to exceed the amount of amortization
computed from the IT Service Delivery Fund (Fund 133) to the Major IT Purchases Fund (Fund 4N6).
Section 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT
The State Chief Information Officer, with the approval of
the Director of Budget and Management, may establish an
information
technology assessment for the purpose of recovering
the cost of
selected infrastructure and statewide
programs. Such
assessment shall comply with applicable cost
principles issued by
the federal Office of Management and Budget. The information technology
assessment shall be
charged to all organized bodies, offices, or
agencies established
by the laws of the state for the exercise of
any function of state
government except for the General Assembly,
any legislative
agency, the Supreme Court, the other courts of
record in Ohio, or
any judicial agency, the Adjutant General, the
Bureau of
Workers' Compensation, and institutions administered by
a board of
trustees. Any state-entity exempted by this section
may
utilize
the infrastructure or statewide program by
participating
in the
information technology assessment. All
charges for the
information technology assessment shall be
deposited to the credit
of the IT Governance Fund (Fund
229).
Section 207.30.40. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT
SERVICE PAYMENTS
The Director of Administrative Services, in consultation with
the Multi-Agency Radio Communication System (MARCS) Steering
Committee and the Director of Budget and Management, shall
determine the share of debt service payments attributable to
spending for MARCS components that are not specific to any one
agency and that shall be charged to agencies supported by the
motor fuel tax. Such share of debt service payments shall be
calculated for MARCS capital disbursements made beginning July
1,
1997. Within thirty days of any payment made from
appropriation
item 100-447, OBA - Building Rent Payments,
the Director of
Administrative Services shall certify to the
Director of Budget
and Management the amount of this share. The
Director of Budget
and Management shall transfer such amounts to
the General Revenue
Fund from the State Highway Safety Fund (Fund
036) established in
section 4501.06 of the Revised Code.
The State Chief Information Officer shall consider
renting or leasing existing tower sites at reasonable or current
market rates, so long as these existing sites are equipped with
the technical capabilities to support the MARCS project.
Section 207.30.50. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY
Whenever the Director of Administrative Services declares a
"public exigency," as provided in division (C) of section 123.15
of the Revised Code, the Director shall also notify the members of
the Controlling Board.
Section 207.30.60. GENERAL SERVICE CHARGES
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the programs in the
General Services Fund (Fund 117) and the State Printing Fund (Fund
210).
Section 207.30.70. STATE ENERGY SERVICES PROGRAM
Within 30 days after the effective date of this section, or as soon possible thereafter, the Director of Administrative Services shall certify the remaining cash in the Federal Special Revenue Fund (Fund 307) to the Director of Budget and Management, who shall transfer that amount to the State Architect's Office (Fund 131). The cash shall be used to operate the state's energy services program.
Within thirty days after the effective date of this section, or as soon as possible thereafter, the Director of Administrative Services shall certify the remaining cash in the Energy Grants Fund (Fund 5A8) to the Director of Budget and Management, who shall transfer that amount to the State Architect's Office (Fund 131). The cash shall be used to operate the state's energy services program.
Section 207.30.80. FEDERAL GRANTS OGRIP
As soon as possible on or after July 1, 2007, the Director of Budget and Management may transfer cash in the amount of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H6) to the General Revenue Fund.
Section 209.10. AAM COMMISSION ON AFRICAN AMERICAN MALES
GRF |
036-100 |
|
Personal Services |
|
$ |
235,091 |
|
$ |
235,091 |
GRF |
036-200 |
|
Maintenance |
|
$ |
29,000 |
|
$ |
29,000 |
GRF |
036-300 |
|
Equipment |
|
$ |
1,000 |
|
$ |
1,000 |
GRF |
036-502 |
|
Community Projects |
|
$ |
516,909 |
|
$ |
1,016,909 |
TOTAL GRF General Revenue Fund |
|
$ |
782,000 |
|
$ |
1,282,000 |
State Special Revenue Fund Group
4H3 |
036-601 |
|
Commission on African American Males - Gifts/Grants |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL SSR State Special Revenue
Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
792,000 |
|
$ |
1,292,000 |
The Commission on African American Males shall develop a strategic plan to accomplish the tasks put forth in section 4112.13 of the Revised Code.
On January 1, 2008, or as soon as possible thereafter, the Director of the Commission on African American Males shall submit a strategic plan for the use of $500,000 in fiscal year 2008 and $1,000,000 in fiscal year 2009 to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.
Not later than June 30, 2009, the Commission on African American Males shall submit a report on the impacts and outcomes of the strategic plan to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives.
(A) All moneys appropriated or reappropriated to the Ohio Commission on African-American Males for the performance of its duties, powers, obligations, and functions, and the exercise of rights, that are transferred by this act to the Ohio State University, to the extent of the remaining unexpended or unencumbered balance of the appropriations or reappropriations, whether obligated or unobligated, are hereby transferred, effective July 1, 2007, to the University for performing the duties, powers, obligations, and functions, and exercising the rights of the University in operating and overseeing the Commission.
(B) On and after July 1, 2007, notwithstanding any provision of law to the contrary, the Director of Budget and Management is authorized to take the actions described in this section with respect to budget changes made necessary by administrative reorganization, program transfers, the creation of new funds, and the consolidation of funds as authorized by this act. The Director may make any transfer of cash balances between funds. At the request of the Director of Budget and Management, the Board of Trustees of the Ohio State University shall certify to the Director an estimate of the amount of the cash balance to be transferred to the receiving fund. The Director may transfer the estimated amount when needed to make payments. Not more than thirty days after certifying the estimated amount, the Board of Trustees shall certify the final amount to the Director. The Director shall transfer the difference between any amount previously transferred and the certified final amount. The Director may cancel encumbrances and re-establish encumbrances or parts of encumbrances as needed in the fiscal year in the appropriate fund and appropriation line item for the same purpose and to the same vendor. As determined by the Director, the appropriation authority necessary to re-establish such encumbrances in the fiscal year in a different fund or appropriation line item within an agency or between agencies is hereby appropriated by the General Assembly. The Director shall reduce each year's appropriation balances by the amount of the encumbrance canceled in their respective funds and appropriation line item. Any unencumbered or unallocated appropriation balances from the previous fiscal year may be transferred to the appropriate appropriation line item to be used for the same purposes, as determined by the Director.
Section 211.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW
GRF |
029-321 |
|
Operating Expenses |
|
$ |
397,000 |
|
$ |
403,000 |
TOTAL GRF General Revenue Fund |
|
$ |
397,000 |
|
$ |
403,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
397,000 |
|
$ |
403,000 |
The Chief Administrative Officer of the House of
Representatives and the Clerk
of the Senate shall determine, by
mutual agreement, which of them shall act as
fiscal
agent for
the
Joint Committee on Agency Rule Review. Members of the Committee shall be paid in accordance with section 101.35 of the Revised Code.
On July 1, 2007, or as soon as possible thereafter, the designated fiscal agent shall certify to the Director of Budget and Management the total fiscal year 2007 unencumbered appropriations in appropriation item 029-321, Operating Expenses. The designated fiscal agent may direct the Director of Budget and Management to transfer an amount not to exceed the total fiscal year 2007 unencumbered appropriations to fiscal year 2008 for use in appropriation item 029-321, Operating Expenses. Additional appropriation authority equal to the amount certified by the designated fiscal agent is hereby appropriated to appropriation item 029-321, Operating Expenses, in fiscal year 2008.
On July 1, 2008, or as soon as possible thereafter, the designated fiscal agent shall certify to the Director of Budget and Management the total fiscal year 2008 unencumbered appropriations in appropriation item 029-321, Operating Expenses. The designated fiscal agent may direct the Director of Budget and Management to transfer an amount not to exceed the total fiscal year 2008 unencumbered appropriations to fiscal year 2009 for use in appropriation item 029-321, Operating Expenses. Additional appropriation authority equal to the amount certified by the designated fiscal agent is hereby appropriated to appropriation item 029-321, Operating Expenses, in fiscal year 2009.
Section 213.10. AGE DEPARTMENT OF AGING
GRF |
490-321 |
|
Operating Expenses |
|
$ |
2,637,571 |
|
$ |
2,637,271 |
GRF |
490-403 |
|
PASSPORT |
|
$ |
128,391,189 |
|
$ |
158,196,465 |
GRF |
490-406 |
|
Senior Olympics |
|
$ |
14,856 |
|
$ |
14,856 |
GRF |
490-409 |
|
Ohio Community Service Council Operations |
|
$ |
183,792 |
|
$ |
183,792 |
GRF |
490-410 |
|
Long-Term Care Ombudsman |
|
$ |
654,965 |
|
$ |
654,965 |
GRF |
490-411 |
|
Senior Community Services |
|
$ |
10,349,439 |
|
$ |
10,349,439 |
GRF |
490-412 |
|
Residential State Supplement |
|
$ |
9,156,771 |
|
$ |
9,156,771 |
GRF |
490-414 |
|
Alzheimers Respite |
|
$ |
4,131,594 |
|
$ |
4,131,594 |
GRF |
490-416 |
|
JCFS Community Options |
|
$ |
250,000 |
|
$ |
250,000 |
GRF |
490-421 |
|
PACE |
|
$ |
10,214,809 |
|
$ |
10,214,809 |
GRF |
490-422 |
|
Assisted Living Waiver |
|
$ |
12,554,940 |
|
$ |
15,213,890 |
GRF |
490-506 |
|
National Senior Service Corps |
|
$ |
335,296 |
|
$ |
335,296 |
TOTAL GRF General Revenue Fund |
|
$ |
178,875,222 |
|
$ |
211,339,148 |
General Services Fund Group
480 |
490-606 |
|
Senior Community Outreach and Education |
|
$ |
372,677 |
|
$ |
372,677 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
372,677 |
|
$ |
372,677 |
Federal Special Revenue Fund Group
3C4 |
490-607 |
|
PASSPORT |
|
$ |
301,767,486 |
|
$ |
301,274,172 |
3C4 |
490-621 |
|
PACE-Federal |
|
$ |
14,586,135 |
|
$ |
14,586,135 |
3C4 |
490-622 |
|
Assisted Living-Federal |
|
$ |
14,972,892 |
|
$ |
21,810,442 |
3M4 |
490-612 |
|
Federal Independence Services |
|
$ |
62,406,819 |
|
$ |
63,655,080 |
3R7 |
490-617 |
|
Ohio Community Service Council Programs |
|
$ |
8,870,000 |
|
$ |
8,870,000 |
322 |
490-618 |
|
Federal Aging Grants |
|
$ |
10,000,000 |
|
$ |
10,200,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
412,603,332 |
|
` |
420,395,829 |
State Special Revenue Fund Group
4C4 |
490-609 |
|
Regional Long-Term Care
Ombudsman Program |
|
$ |
935,000 |
|
$ |
935,000 |
4J4 |
490-610 |
|
PASSPORT/Residential State Supplement |
|
$ |
33,491,930 |
|
$ |
33,263,984 |
4U9 |
490-602 |
|
PASSPORT Fund |
|
$ |
4,424,969 |
|
$ |
4,424,969 |
5AA |
490-673 |
|
Ohio's Best Rx Administration |
|
$ |
1,184,154 |
|
$ |
910,801 |
5BA |
490-620 |
|
Ombudsman Support |
|
$ |
600,000 |
|
$ |
600,000 |
5K9 |
490-613 |
|
Long Term Care Consumers Guide |
|
$ |
820,400 |
|
$ |
820,400 |
5W1 |
490-616 |
|
Resident Services Coordinator Program |
|
$ |
330,000 |
|
$ |
330,000 |
624 |
490-604 |
|
OCSC Community Support |
|
$ |
470,000 |
|
$ |
470,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
42,256,453 |
|
$ |
41,755,154 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
634,107,684 |
|
$ |
673,862,808 |
Section 213.20. PRE-ADMISSION REVIEW FOR NURSING FACILITY
ADMISSION
Pursuant to an interagency agreement, the Department of Job and
Family
Services shall
designate the Department of Aging to perform
assessments under
sections 173.42
and 5111.204 of the Revised
Code. Of the foregoing appropriation
item 490-403,
PASSPORT, the
Department of Aging may use not more than
$2,731,000 in fiscal
year 2008 and $2,813,000 in fiscal year 2009
to perform
the
assessments for persons not eligible for Medicaid under the department's interagency
agreement with the Department
of
Job
and Family Services and to assist individuals
in
planning for
their long-term health care needs.
Appropriation item 490-403, PASSPORT, and the amounts set
aside for the PASSPORT Waiver Program in appropriation item
490-610,
PASSPORT/Residential State Supplement, may be
used to
assess clients regardless of Medicaid eligibility.
The Director of Aging shall adopt rules under
section 111.15
of the Revised Code governing the nonwaiver funded
PASSPORT
program, including client eligibility.
The Department of Aging shall administer the Medicaid
waiver-funded PASSPORT Home Care Program as delegated by the
Department
of Job and Family Services in an interagency agreement. The
foregoing
appropriation item 490-403, PASSPORT,
and the amounts
set aside for the PASSPORT Waiver Program in
appropriation item
490-610,
PASSPORT/Residential State Supplement,
shall
be used to
provide the required state match for federal
Medicaid funds
supporting the Medicaid Waiver-funded PASSPORT Home
Care
Program.
Appropriation item 490-403, PASSPORT, and the
amounts set aside
for the PASSPORT Waiver Program in appropriation
item 490-610,
PASSPORT/Residential State Supplement, may
also be
used
to support
the Department of Aging's administrative costs
associated with
operating the PASSPORT program.
The foregoing appropriation item 490-607, PASSPORT, shall
be
used to provide the federal matching share for all PASSPORT
program costs determined by the Department of Job and Family
Services to
be
eligible for Medicaid reimbursement.
OHIO COMMUNITY SERVICE COUNCIL
The foregoing appropriation items 490-409, Ohio Community
Service Council Operations, and 490-617, Ohio Community Service Council
Programs, shall be used
in
accordance with section 121.40 of the
Revised Code.
The foregoing appropriation item 490-410, Long-Term Care
Ombudsman, shall be
used for a
program to fund
ombudsman program
activities as authorized in sections 173.14 to 173.27 and section 173.99 of the Revised Code.
SENIOR COMMUNITY SERVICES
Of the foregoing appropriation item 490-411, Senior Community
Services, $10,299,439 in each fiscal year shall be
used for services designated by the Department
of Aging,
including, but not
limited to, home-delivered and congregate meals,
transportation services,
personal care
services, respite services, adult day services,
home repair, care coordination, and decision support systems.
Service priority shall be
given to low income, frail,
and
cognitively impaired persons 60
years of age and over. The department
shall promote
cost sharing
by service recipients for those
services funded with
senior community services
funds, including, when possible,
sliding-fee scale payment
systems based on
the income of service
recipients.
Of the foregoing appropriation item 490-411, Senior Community Services, $50,000 in each fiscal year shall be allocated to the Eastlake Senior Center.
RESIDENTIAL STATE SUPPLEMENT
Under the Residential State Supplement Program, the amount
used
to determine whether a resident is eligible for payment and
for
determining the amount per month the eligible resident will
receive
shall be as follows:
(A) $927 for a residential care facility, as defined in
section
3721.01 of the Revised Code;
(B) $927 for an adult group home, as defined in Chapter
3722. of the
Revised Code;
(C) $824 for an adult foster home, as defined in Chapter
173.
of the
Revised Code;
(D) $824 for an adult family home, as defined in Chapter
3722. of the
Revised Code;
(E) $824 for an adult community alternative home, as defined
in
Chapter 3724. of the Revised Code;
(F) $824 for an adult residential facility, as defined in
Chapter
5119. of the Revised Code;
(G) $618 for adult community mental health housing services,
as
defined in division (B)(5) of section 173.35 of the Revised
Code.
The Departments of Aging and Job and Family Services shall
reflect
these
amounts in any applicable rules the departments adopt
under
section
173.35 of the Revised Code.
TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS
The Department of Aging may transfer cash by intrastate
transfer vouchers from
the
foregoing appropriation items 490-412,
Residential State
Supplement,
and 490-610, PASSPORT/Residential
State Supplement, to the
Department of
Job and Family Services'
Fund 4J5,
Home and Community-Based Services for the Aged
Fund.
The funds
shall be used to make
benefit payments to
Residential
State
Supplement recipients.
The foregoing appropriation item 490-414, Alzheimers
Respite,
shall be used to fund only Alzheimer's disease
services under
section 173.04 of the Revised Code.
The foregoing appropriation item 490-416, JCFS Community Options, shall be used for noncapital expenses related to
transportation services for the elderly that provide access to
such things as healthcare services, congregate meals,
socialization programs, and grocery shopping. The funds shall pass through and shall be administered by the Area Agencies on Aging. Agencies receiving funding from appropriation item 490-416,
JCFS Community Options, shall coordinate services with other
local service agencies. The appropriation shall be allocated to the following agencies:
(A) $80,000 in both fiscal years to Cincinnati Jewish Vocational Services;
(B) $70,000 in both fiscal years to Wexner Heritage Village;
(C) $20,000 in both fiscal years to Yassenoff Jewish Community Center;
(D) $80,000 in both fiscal years to Cleveland Jewish Community Center.
In order to effectively administer and manage growth within the PACE Program, the Director of Aging may, as the director deems appropriate and to the extent funding is available, allocate funds for the PACE Program between the PACE sites in Cleveland and Cincinnati.
OHIO'S BEST RX START-UP COSTS
An amount equal to the unencumbered balance in appropriation item 490-440, Ohio's Best Rx Start-up Costs, from fiscal year 2007 is hereby appropriated for fiscal year 2008 into appropriation item 490-440, Ohio's Best Rx Start-up Costs.
An amount equal to the remaining unencumbered balance in appropriation item 490-440, Ohio's Best Rx Start-Up Costs, from fiscal year 2008 is hereby appropriated for fiscal year 2009 into appropriation item 490-440, Ohio's Best Rx Start-Up Costs. The appropriation item 490-440, Ohio's Best Rx Start-Up Costs, shall be used by the Department of Aging to pay for the administrative and operational expenses of the Ohio's Best Rx Program in accordance with sections 173.71 to 173.91 of the Revised Code, including costs associated with the duties assigned by the department to the Ohio's Best Rx Program Administrator and for making payments to participating terminal distributors until sufficient cash exists to make payments from the accounts created in sections 173.85 and 173.86 of the Revised Code. Of appropriation item 490-440, Ohio's Best Rx Start-Up Costs, not more than $750,000 in each fiscal year may be used by the department for administrative and operational costs, excluding outreach, that are not associated with the Ohio's Best Rx Program Administrator or the payments to participating terminal distributors.
The foregoing appropriation item 490-606, Senior Community Outreach and Education, may be used to provide training to workers in the field of aging pursuant to division (G) of section 173.02 of the Revised Code.
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM
The foregoing appropriation item 490-609, Regional Long-Term
Care Ombudsman
Program,
shall be used solely
to pay the costs of
operating the regional long-term care
ombudsman programs designated by the Long-Term Care Ombudsman.
PASSPORT/RESIDENTIAL STATE SUPPLEMENT
Of the foregoing appropriation item 490-610,
PASSPORT/Residential State Supplement, up to $2,835,000 each
fiscal year
may be used to fund the
Residential State Supplement
Program. The remaining available funds shall be
used to
fund the
PASSPORT program.
FEDERAL SUPPORTIVE SERVICES FUND
On July 1, 2007, as soon as possible thereafter, the Director of Budget and Management shall transfer all assets, liabilities, revenues, and obligations associated with the Federal Aging Nutrition Fund (Fund 3M3) to the Federal Supportive Services Fund (Fund 3M4). Upon the transfer, the Federal Aging Nutrition Fund (Fund 3M3) shall cease to exist. The Director of Budget and Management shall cancel any existing encumbrances against appropriation item 490-611, Federal Aging Nutrition Fund (Fund 3M3), and re-establish them against appropriation item 490-612, Federal Independence Services (Fund 3M4). The amounts of the re-established encumbrances are hereby appropriated.
TRANSFER OF APPROPRIATIONS - FEDERAL
INDEPENDENCE SERVICES AND FEDERAL AGING GRANTS
Upon written request of the Director of Aging,
the Director
of Budget and Management may transfer
appropriation authority
among appropriation items
490-612, Federal Independence
Services, and
490-618,
Federal Aging Grants,
in amounts not to exceed 30 per
cent of
the
appropriation from which the transfer is made. The
Department of
Aging shall
report a transfer to the Controlling
Board at the
next
regularly scheduled
meeting of the board.
TRANSFER OF RESIDENT PROTECTION FUNDS
The Director of Budget and Management shall transfer $600,000 per year in cash from Fund 4E3, Resident Protection Fund, in the Department of Job and Family Services, to Fund 5BA in the Department of Aging, to be used for the expansion of ombudsman services to enhance consumer involvement and person-centered care planning in nursing homes by the Office of the State Long-Term Care Ombudsman created by the Department of Aging under division (M) of section 173.01 of the Revised Code.
OHIO'S BEST RX ADMINISTRATION
The foregoing appropriation item 490-673, Ohio's Best Rx Administration, shall be used on an ongoing basis to cover expenses associated with the Ohio's Best Rx Program specified in section 173.86 of the Revised Code. If receipts to the fund exceed the appropriated amount, the Director of Aging may seek Controlling Board approval to increase the appropriation of this fund. Upon approval from the Controlling Board, the additional amounts are hereby appropriated.
Section 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP
(A) There is hereby created the Unified Long-Term Care Budget Workgroup. The Workgroup shall consist of the following members:
(1) The Director of Aging;
(2) Consumer advocates, representatives of the provider community, and state policy makers, appointed by the Governor;
(3) One member of the House of Representatives appointed by the Speaker of the House of Representatives;
(4) One member of the House of Representatives appointed by
the Minority Leader of the House of Representatives;
(5) One member of the Senate appointed by the President of the Senate;
(6) One member of the Senate appointed by the Minority Leader of the Senate.
The Director of Aging shall serve as the chairperson of the Workgroup.
(B) The Workgroup shall develop a unified long-term care budget that facilitates the following:
(1) Providing a consumer a choice of services that meet the consumer's health care needs and improve the consumer's quality of life;
(2) Providing a continuum of services that meet the needs of a consumer throughout life;
(3) Consolidating policymaking authority and the associated budgets in a single entity to simplify the consumer's decision making and maximize the state's flexibility in meeting the consumer's needs;
(4) Assuring the state has a system that is cost effective and links disparate services across agencies and jurisdictions.
(C) The Workgroup shall submit a written implementation plan to the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, and the members of the Joint Legislative Committee on Medicaid Technology and Reform not later than June 1, 2008. The plan shall incorporate the following:
(1) Recommendations regarding the structure of the unified long-term care budget;
(2) A plan outlining how funds can be transferred among involved agencies in a fiscally neutral manner;
(3) Identification of the resources needed to implement the unified budget in a multiphase approach starting in fiscal year 2009;
(4) Success criteria and tools to measure progress against the success criteria.
The plan shall consider the recommendations of the Medicaid Administrative Study Council and the Ohio Commission to Reform Medicaid.
(D) In support of the Unified Long-Term Care Budget the following shall be established in the General Revenue Fund:
(1) In the Department of Aging, 490-XXX, Long-Term Care Budget - State;
(2) In the Department of Job and Family Services, 600-XXX, Long-Term Care Budget - State;
(3) In the Department of Mental Retardation and Developmental Disabilities, 322-XXX, Long-Term Care Budget - State;
(4) In the Department of Mental Health, 333-XXX, Long-Term Care Budget - State.
(E) On an annual basis, the Directors of Aging and Budget and Management shall submit a written report to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, and the members of the Joint Legislative Committee on Medicaid Technology and Reform describing the progress towards establishing, or if already established, the effectiveness of the unified long-term care budget.
(F) When a separate department or agency is created solely to administer the Medicaid program, the Director of Budget and Management may do all of the following in support of the Workgroup's proposal:
(1) Transfer funds and appropriations currently appropriated to pay for Medicaid services to any appropriation item referenced in division (D) of this section;
(2) Transfer funds between appropriation items referenced in division (D) of this section;
(3) Develop a reporting mechanism to transparently show how the funds are being transferred and expended.
Section 215.10. AGR DEPARTMENT OF AGRICULTURE
GRF |
700-321 |
|
Operating Expenses |
|
$ |
2,605,330 |
|
$ |
2,605,330 |
GRF |
700-401 |
|
Animal Disease Control |
|
$ |
3,574,506 |
|
$ |
3,574,506 |
GRF |
700-403 |
|
Dairy Division |
|
$ |
1,304,504 |
|
$ |
1,304,504 |
GRF |
700-404 |
|
Ohio Proud |
|
$ |
196,895 |
|
$ |
196,895 |
GRF |
700-405 |
|
Animal Damage Control |
|
$ |
60,000 |
|
$ |
60,000 |
GRF |
700-406 |
|
Consumer Analytical Lab |
|
$ |
953,906 |
|
$ |
953,906 |
GRF |
700-407 |
|
Food Safety |
|
$ |
865,100 |
|
$ |
865,100 |
GRF |
700-409 |
|
Farmland Preservation |
|
$ |
241,573 |
|
$ |
241,573 |
GRF |
700-410 |
|
Plant Industry |
|
$ |
350,000 |
|
$ |
350,000 |
GRF |
700-411 |
|
International Trade and Market Development |
|
$ |
617,524 |
|
$ |
617,524 |
GRF |
700-412 |
|
Weights and Measures |
|
$ |
1,300,000 |
|
$ |
1,300,000 |
GRF |
700-413 |
|
Gypsy Moth Prevention |
|
$ |
200,000 |
|
$ |
200,000 |
GRF |
700-415 |
|
Poultry Inspection |
|
$ |
400,000 |
|
$ |
400,000 |
GRF |
700-418 |
|
Livestock Regulation Program |
|
$ |
1,428,496 |
|
$ |
1,428,496 |
GRF |
700-424 |
|
Livestock Testing and Inspections |
|
$ |
115,946 |
|
$ |
115,946 |
GRF |
700-499 |
|
Meat Inspection Program - State Share |
|
$ |
4,696,889 |
|
$ |
4,696,889 |
GRF |
700-501 |
|
County Agricultural Societies |
|
$ |
483,226 |
|
$ |
483,226 |
GRF |
700-503 |
|
Livestock Exhibition Fund |
|
$ |
62,500 |
|
$ |
62,500 |
TOTAL GRF General Revenue Fund |
|
$ |
19,456,395 |
|
$ |
19,456,395 |
General Services Fund Group
5DA |
700-644 |
|
Laboratory Administration Support |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
TOTAL GSF General Services Fund Group |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
Federal Special Revenue Fund Group
3AB |
700-641 |
|
Agricultural Easement |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
3J4 |
700-607 |
|
Indirect Cost |
|
$ |
600,000 |
|
$ |
600,000 |
3R2 |
700-614 |
|
Federal Plant Industry |
|
$ |
4,800,000 |
|
$ |
4,800,000 |
326 |
700-618 |
|
Meat Inspection Program - Federal Share |
|
$ |
4,960,000 |
|
$ |
4,950,000 |
336 |
700-617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
44,679 |
|
$ |
44,679 |
382 |
700-601 |
|
Cooperative Contracts |
|
$ |
3,700,000 |
|
$ |
3,700,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
16,104,679 |
|
$ |
16,094,679 |
State Special Revenue Fund Group
4C9 |
700-605 |
|
Feed, Fertilizer, Seed, and Lime Inspection |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
4D2 |
700-609 |
|
Auction Education |
|
$ |
24,601 |
|
$ |
24,601 |
4E4 |
700-606 |
|
Utility Radiological Safety |
|
$ |
73,059 |
|
$ |
73,059 |
4P7 |
700-610 |
|
Food Safety Inspection |
|
$ |
858,096 |
|
$ |
858,096 |
4R2 |
700-637 |
|
Dairy Industry Inspection |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
4T6 |
700-611 |
|
Poultry and Meat Inspection |
|
$ |
47,294 |
|
$ |
47,294 |
4T7 |
700-613 |
|
International Trade and Market Development |
|
$ |
15,000 |
|
$ |
15,000 |
494 |
700-612 |
|
Agricultural Commodity Marketing Program |
|
$ |
250,000 |
|
$ |
250,000 |
496 |
700-626 |
|
Ohio Grape Industries |
|
$ |
850,000 |
|
$ |
849,999 |
497 |
700-627 |
|
Commodity Handlers Regulatory Program |
|
$ |
500,000 |
|
$ |
500,000 |
5B8 |
700-629 |
|
Auctioneers |
|
$ |
365,390 |
|
$ |
365,390 |
5H2 |
700-608 |
|
Metrology Lab and Scale Certification |
|
$ |
427,526 |
|
$ |
427,526 |
5L8 |
700-604 |
|
Livestock Management Program |
|
$ |
30,000 |
|
$ |
30,000 |
578 |
700-620 |
|
Ride Inspection Fees |
|
$ |
1,000,000 |
|
$ |
1,000,001 |
652 |
700-634 |
|
Animal and Consumer Analytical Laboratory |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
669 |
700-635 |
|
Pesticide Program |
|
$ |
2,800,000 |
|
$ |
2,800,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,590,966 |
|
$ |
13,590,966 |
Clean Ohio Conservation Fund Group
057 |
700-632 |
|
Clean Ohio Agricultural Easement |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
149,000 |
|
$ |
149,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
50,401,040 |
|
$ |
50,391,040 |
OHIO - ISRAEL AGRICULTURAL INITIATIVE
Of the foregoing General Revenue Fund appropriation item 700-411, International Trade and Market Development, $100,000 shall be used in each fiscal year for the Ohio - Israel Agricultural Initiative.
COUNTY AGRICULTURAL SOCIETIES
The foregoing appropriation item 700-501, County Agricultural Societies, shall be used to reimburse county and independent agricultural societies for expenses related to Junior Fair activities.
LIVESTOCK EXHIBITION FUND
The foregoing appropriation item 700-503, Livestock Exhibition Fund, shall be used in accordance with section 901.42 of the Revised Code.
CORRECTIVE CASH TRANSFER TO ANIMAL HEALTH AND FOOD SAFETY FUND
On the effective date of this section, or as soon as possible thereafter, the Director of Budget and Management may transfer all cash from the Animal Industry Laboratory Fund (Fund 4V5) to the Laboratory Services Fund (Fund 652) to correct deposits that were mistakenly deposited to the Laboratory Services Fund (Fund 4V5).
Section 217.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY
GRF |
898-402 |
|
Coal Development Office |
|
$ |
565,097 |
|
$ |
589,092 |
GRF |
898-901 |
|
Coal R&D General
Obligation Debt Service |
|
$ |
7,232,400 |
|
$ |
8,192,500 |
TOTAL GRF General Revenue Fund |
|
$ |
7,797,497 |
|
$ |
8,781,592 |
General Services Fund Group
5EG |
898-608 |
|
Energy Strategy Development |
|
$ |
307,000 |
|
$ |
307,000 |
TOTAL GSF General Services Fund |
|
$ |
307,000 |
|
$ |
307,000 |
4Z9 |
898-602 |
|
Small Business Ombudsman |
|
$ |
287,146 |
|
$ |
294,290 |
5A0 |
898-603 |
|
Small Business Assistance |
|
$ |
71,087 |
|
$ |
71,087 |
570 |
898-601 |
|
Operating Expenses |
|
$ |
255,000 |
|
$ |
264,000 |
TOTAL AGY Agency Fund Group |
|
$ |
613,233 |
|
$ |
629,377 |
Coal Research/Development Fund
046 |
898-604 |
|
Coal Research and Development
Fund |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
TOTAL 046 Coal Research/Development
Fund |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
18,717,730 |
|
$ |
19,717,969 |
The foregoing appropriation item GRF 898-402, Coal Development Office, shall be used for the administrative costs of the Coal Development Office.
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item GRF 898-901, Coal R & D General Obligation Debt Service, shall be used to pay all debt service and related financing costs at the times they are required to be made during the period from July 1, 2007 to June 30, 2009 for obligations issued under sections 151.01 and 151.07 of the Revised Code.
SCIENCE AND TECHNOLOGY COLLABORATION
The Air Quality Development Authority shall work in close collaboration with the Department of Development, the Board of Regents, and the Third Frontier Commission in relation to appropriation items and programs referred to as Alignment Programs in the following paragraph, and other technology-related appropriations and programs in the Department of Development, Air Quality Development Authority, and the Board of Regents as those agencies may designate, to ensure implementation of a coherent state strategy with respect to science and technology.
To the extent permitted by law, the Air Quality Development Authority shall assure that coal research and development programs, proposals, and projects consider or incorporate appropriate collaborations with Third Frontier Project programs and grantees and with Alignment Programs and grantees.
"Alignment Programs" means: appropriation items 195-401, Thomas Edison Program; 898-402, Coal Development Office; 195-422, Third Frontier Action Fund; 898-604, Coal Research and Development Fund; 235-433, Economic Growth Challenge; 235-508, Air Force Institute of Technology; 235-510, Ohio Supercomputer Center; 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; 235-535, Ohio Agricultural Research and Development Center; 235-553, Dayton Area Graduate Studies Institute; 235-554, Priorities in Collaborative Graduate Education; 235-556, Ohio Academic Resources Network; and 195-435, Biomedical Research and Technology Transfer Trust.
Consistent with the recommendations of the Governor's Commission on Higher Education and the Economy, Alignment Programs shall be managed and administered (1) to build on existing competitive research strengths, (2) to encourage new and emerging discoveries and commercialization of ideas and products that will benefit the Ohio economy, and (3) to assure improved collaboration among Alignment Programs, with programs administered by the Third Frontier Commission, and with other state programs that are intended to improve economic growth and job creation.
As directed by the Third Frontier Commission, Alignment Program managers shall report to the Commission or to the Third Frontier Advisory Board on the contributions of their programs to achieving the objectives stated in the preceding paragraph.
Each alignment program shall be reviewed annually by the Third Frontier Commission with respect to its development of complementary relationships within a combined state science and technology investment portfolio and its overall contribution to the state's science and technology strategy, including the adoption of appropriately consistent criteria for: (1) the scientific merit of activities supported by the program; (2) the relevance of the program's activities to commercial opportunities in the private sector; (3) the private sector's involvement in a process that continually evaluates commercial opportunities to use the work supported by the program; and (4) the ability of the program and recipients of grant funding from the program to engage in activities that are collaborative, complementary, and efficient with respect to the expenditure of state funds. Each alignment program shall provide annual reports to the Third Frontier Commission discussing existing, planned, or possible collaborations between programs and recipients of grant funding related to technology, development, commercialization, and supporting Ohio's economic development. The annual review by the Third Frontier Commission shall be a comprehensive review of the entire state science and technology program portfolio rather than a review of individual programs.
Applicants for Third Frontier and Alignment Program funding shall identify their requirements for high-performance computing facilities and services, including both hardware and software, in all proposals. If an applicant's requirements exceed approximately $100,000 for a proposal, the Ohio Supercomputer Center shall convene a panel of experts. The panel shall review the proposal to determine whether the proposal's requirements can be met through Ohio Supercomputer Center facilities or through other means and report its conclusion to the Third Frontier Commission.
To ensure that the state receives the maximum benefit from its investment in the Third Frontier Project and the Third Frontier Network, organizations receiving Third Frontier awards and Alignment Program awards shall, as appropriate, be expected to have a connection to the Third Frontier Network that enables them and their collaborators to achieve award objectives through the Third Frontier Network.
On the effective date of this section, or as soon as possible thereafter, the Director of Budget and Management may transfer $35,555.35 in cash from the General Revenue Fund (GRF) into the Coal Research and Development Bond Services Fund (Fund 076) to correct deposits that were mistakenly deposited into the General Revenue Fund (GRF).
Section 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES
GRF |
038-321 |
|
Operating Expenses |
|
$ |
1,071,861 |
|
$ |
1,071,861 |
GRF |
038-401 |
|
Treatment Services |
|
$ |
33,661,063 |
|
$ |
36,661,063 |
GRF |
038-404 |
|
Prevention Services |
|
$ |
1,052,127 |
|
$ |
1,552,127 |
TOTAL GRF General Revenue Fund |
|
$ |
35,785,051 |
|
$ |
39,285,051 |
5T9 |
038-616 |
|
Problem Gambling Services |
|
$ |
285,000 |
|
$ |
285,000 |
TOTAL GSF General Services Fund Group |
|
$ |
285,000 |
|
$ |
285,000 |
Federal Special Revenue Fund Group
3CK |
038-625 |
|
TANF |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
3G3 |
038-603 |
|
Drug Free Schools |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
3G4 |
038-614 |
|
Substance Abuse Block Grant |
|
$ |
73,000,000 |
|
$ |
73,000,000 |
3H8 |
038-609 |
|
Demonstration Grants |
|
$ |
7,093,075 |
|
$ |
7,093,075 |
3J8 |
038-610 |
|
Medicaid |
|
$ |
46,000,000 |
|
$ |
46,000,000 |
3N8 |
038-611 |
|
Administrative Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
135,093,075 |
|
$ |
135,093,075 |
State Special Revenue Fund Group
475 |
038-621 |
|
Statewide Treatment and Prevention |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
5BR |
038-406 |
|
Tobacco Use Prevention and Control Program |
|
$ |
205,000 |
|
$ |
205,000 |
5DH |
038-620 |
|
Fetal Alcohol Spectrum Disorder |
|
$ |
327,500 |
|
$ |
327,500 |
689 |
038-604 |
|
Education and Conferences |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
18,882,500 |
|
$ |
18,882,500 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
190,045,626 |
|
$ |
193,545,626 |
Of the foregoing appropriation item 038-401, Treatment Services, not more than $8,190,000 shall be used by the Department of Alcohol and Drug Addiction Services for program grants for priority populations in each year of the biennium.
SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN
Of the foregoing appropriation item 038-401, Treatment
Services, $4 million in each fiscal year shall be
used to provide substance abuse
services to families involved in the child welfare system under the
requirements of Am. Sub. H.B. 484 of the 122nd
General Assembly.
Of the foregoing appropriation item 038-401, Treatment Services, $750,000 shall be used in each fiscal year for the Therapeutic Communities Program in the Department of Rehabilitation and Correction.
JUVENILE AFTERCARE PROGRAM
Of the foregoing appropriation item 038-401, Treatment Services, $2,500,000 shall be used in fiscal year 2009 for the Juvenile Aftercare Program to provide community-based alcohol and other drug treatment to parolees from the Department of Youth Services.
SERVICES FOR TANF-ELIGIBLE INDIVIDUALS
Of the foregoing appropriation item 038-625, TANF Reimbursement, an amount up to $5 million each year
shall be used to reimburse counties for TANF-eligible expenditures for substance abuse
prevention and treatment services to children, or their families,
whose income is at or below 200 per cent of the federal
poverty level. The Director of Alcohol and Drug Addiction Services and the Director of Job and Family Services shall enter into an interagency agreement that meets federal requirements.
The Auditor of State shall complete a performance audit of the Department of Alcohol and Drug Addiction Services. Upon completing the performance audit, the Auditor of State shall submit a report of the findings of the audit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Director of Alcohol and Drug Addiction Services. Expenses incurred by the Auditor of State to conduct the performance audit shall be reimbursed by the Department of Alcohol and Drug Addiction Services.
The Director of Alcohol and Drug Addiction Services shall consult with the Director of Budget and Management and representatives of local and county alcohol and drug addiction services agencies to conduct an internal review of policies and procedures to increase efficiency and identify and eliminate duplicative practices. Any savings identified as a result of the internal review or the performance audit conducted by the Auditor of State shall be used for community-based care.
The Director of Alcohol and Drug Addiction Services shall seek Controlling Board approval before expending any funds identified as a result of the internal review or the performance audit.
Section 221.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS
General Services Fund Group
4K9 |
891-609 |
|
Operating Expenses |
|
$ |
638,110 |
|
$ |
565,141 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
638,110 |
|
$ |
565,141 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
638,110 |
|
$ |
565,141 |
Section 223.10. ART OHIO ARTS COUNCIL
GRF |
370-100 |
|
Personal Services |
|
$ |
1,798,235 |
|
$ |
1,798,235 |
GRF |
370-200 |
|
Maintenance |
|
$ |
459,746 |
|
$ |
459,746 |
GRF |
370-300 |
|
Equipment |
|
$ |
82,700 |
|
$ |
82,700 |
GRF |
370-502 |
|
State Program Subsidies |
|
$ |
10,147,480 |
|
$ |
10,147,480 |
TOTAL GRF General Revenue Fund |
|
$ |
12,488,161 |
|
$ |
12,488,161 |
General Services Fund Group
4B7 |
370-603 |
|
Percent for Art Acquisitions |
|
$ |
86,366 |
|
$ |
86,366 |
460 |
370-602 |
|
Management Expenses and Donations |
|
$ |
285,000 |
|
$ |
285,000 |
TOTAL GSF General Services Fund Group |
|
$ |
371,366 |
|
$ |
371,366 |
Federal Special Revenue Fund Group
314 |
370-601 |
|
Federal Support |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,659,527 |
|
$ |
13,659,527 |
A museum is not eligible to receive funds from appropriation
item 370-502, State
Program Subsidies, if $8,000,000 or more in capital
appropriations were
appropriated by the state for the museum
between January 1, 1986, and
December 31, 2002.
Section 225.10. ATH ATHLETIC COMMISSION
General Services Fund Group
4K9 |
175-609 |
|
Operating Expenses |
|
$ |
255,850 |
|
$ |
255,850 |
TOTAL GSF General Services Fund Group |
|
$ |
255,850 |
|
$ |
255,850 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
255,850 |
|
$ |
255,850 |
Section 227.10. AGO ATTORNEY GENERAL
GRF |
055-321 |
|
Operating Expenses |
|
$ |
54,063,833 |
|
$ |
54,007,332 |
GRF |
055-411 |
|
County Sheriffs' Pay Supplement |
|
$ |
813,117 |
|
$ |
842,134 |
GRF |
055-415 |
|
County Prosecutors' Pay Supplement |
|
$ |
896,404 |
|
$ |
923,888 |
TOTAL GRF General Revenue Fund |
|
$ |
55,773,354 |
|
$ |
55,773,354 |
General Services Fund Group
106 |
055-612 |
|
General Reimbursement |
|
$ |
29,870,196 |
|
$ |
29,870,196 |
195 |
055-660 |
|
Workers' Compensation Section |
|
$ |
8,002,720 |
|
$ |
8,002,720 |
4Y7 |
055-608 |
|
Title Defect Rescission |
|
$ |
750,000 |
|
$ |
750,000 |
4Z2 |
055-609 |
|
BCI Asset Forfeiture and Cost Reimbursement |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
418 |
055-615 |
|
Charitable Foundations |
|
$ |
6,919,850 |
|
$ |
7,064,978 |
420 |
055-603 |
|
Attorney General Antitrust |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
421 |
055-617 |
|
Police Officers' Training Academy Fee |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
5A9 |
055-618 |
|
Telemarketing Fraud Enforcement |
|
$ |
7,500 |
|
$ |
7,500 |
590 |
055-633 |
|
Peace Officer Private Security Fund |
|
$ |
98,370 |
|
$ |
98,370 |
629 |
055-636 |
|
Corrupt Activity Investigation and Prosecution |
|
$ |
15,000 |
|
$ |
15,000 |
631 |
055-637 |
|
Consumer Protection Enforcement |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
52,663,636 |
|
$ |
52,808,764 |
Federal Special Revenue Fund Group
3E5 |
055-638 |
|
Attorney General Pass-Through Funds |
|
$ |
2,850,000 |
|
$ |
3,030,000 |
3R6 |
055-613 |
|
Attorney General Federal Funds |
|
$ |
4,870,000 |
|
$ |
5,115,000 |
306 |
055-620 |
|
Medicaid Fraud Control |
|
$ |
3,139,500 |
|
$ |
3,296,500 |
381 |
055-611 |
|
Civil Rights Legal Service |
|
$ |
402,540 |
|
$ |
402,540 |
383 |
055-634 |
|
Crime Victims Assistance |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,262,040 |
|
$ |
27,844,040 |
State Special Revenue Fund Group
4L6 |
055-606 |
|
DARE |
|
$ |
3,927,962 |
|
$ |
3,927,962 |
402 |
055-616 |
|
Victims of Crime |
|
$ |
34,000,000 |
|
$ |
34,000,000 |
419 |
055-623 |
|
Claims Section |
|
$ |
25,000,000 |
|
$ |
25,000,000 |
659 |
055-641 |
|
Solid and Hazardous Waste Background Investigations |
|
$ |
621,159 |
|
$ |
621,159 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
63,549,121 |
|
$ |
63,549,121 |
Holding Account Redistribution Fund Group
R04 |
055-631 |
|
General Holding Account |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
R05 |
055-632 |
|
Antitrust Settlements |
|
$ |
1,000 |
|
$ |
1,000 |
R18 |
055-630 |
|
Consumer Frauds |
|
$ |
750,000 |
|
$ |
750,000 |
R42 |
055-601 |
|
Organized Crime Commission Distributions |
|
$ |
25,025 |
|
$ |
25,025 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
1,776,025 |
|
$ |
1,776,025 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
201,024,176 |
|
$ |
201,751,304 |
COUNTY SHERIFFS' PAY SUPPLEMENT
The foregoing appropriation item 055-411, County Sheriffs' Pay Supplement, shall be used for the purpose of supplementing the annual compensation of county sheriffs as required by section 325.06 of the Revised Code.
At the request of the Attorney General, the Director of Budget and Management may transfer appropriation authority from appropriation item 055-321, Operating Expenses, to appropriation item 055-411, County Sheriffs' Pay Supplement. Any appropriation authority so transferred to appropriation item 055-411, County Sheriffs' Pay Supplement, shall be used to supplement the annual compensation of county sheriffs as required by section 325.06 of the Revised Code.
COUNTY PROSECUTORS' PAY SUPPLEMENT
The foregoing appropriation item 055-415, County Prosecutors' Pay Supplement, shall be used for the purpose of supplementing the annual compensation of certain county prosecutors as required by section 325.111 of the Revised Code.
At the request of the Attorney General, the Director of Budget and Management may transfer appropriation authority from appropriation item 055-321, Operating Expenses, to appropriation item 055-415, County Prosecutors' Pay Supplement. Any appropriation authority so transferred to appropriation item 055-415, County Prosecutors' Pay Supplement, shall be used to supplement the annual compensation of county prosecutors as required by section 325.111 of the Revised Code.
WORKERS' COMPENSATION SECTION
The Workers' Compensation Section Fund (Fund 195) is entitled to
receive payments from the Bureau of Workers' Compensation and the
Ohio Industrial Commission at the beginning of each quarter of
each fiscal year to fund legal services to be provided to the
Bureau of Workers' Compensation and the Ohio Industrial
Commission
during the ensuing quarter. The advance payment
shall be subject
to adjustment.
In addition, the Bureau of Workers' Compensation shall
transfer
payments at the beginning of each quarter for the support
of the
Workers' Compensation Fraud Unit.
All amounts shall be mutually agreed upon by the Attorney
General, the Bureau of Workers' Compensation, and the Ohio
Industrial Commission.
CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION
The foregoing appropriation item 055-636, Corrupt Activity
Investigation and Prosecution, shall be used as provided by
division (D)(2) of
section 2923.35 of the Revised Code to dispose
of the proceeds, fines, and
penalties credited to the Corrupt
Activity Investigation and Prosecution Fund,
which is created in
division (D)(1)(b) of section 2923.35 of the Revised
Code.
The foregoing appropriation item 055-631, General Holding Account, shall be used to distribute moneys under the terms of relevant court orders received from settlements in a variety of cases involving the Office of the Attorney General.
ATTORNEY GENERAL PASS-THROUGH FUNDS
The foregoing appropriation item 055-638, Attorney General Pass-Through Funds, shall be used to receive federal grant funds provided to the Attorney General by other state agencies, including, but not limited to, the Department of Youth Services and the Department of Public Safety.
The foregoing appropriation item 055-632, Antitrust Settlements, shall be used to distribute court-ordered antitrust settlements in which the Office of Attorney General represents the state or a political subdivision under section 109.81 of the Revised Code.
The foregoing appropriation item 055-630, Consumer Frauds, shall be used for distribution of moneys from court-ordered judgments against sellers in actions brought by the Office of Attorney General under sections 1334.08 and 4549.48 and division (B) of section 1345.07 of the Revised Code. These moneys shall be used to provide restitution to consumers victimized by the fraud that generated the court-ordered judgments.
ORGANIZED CRIME COMMISSION DISTRIBUTIONS
The foregoing appropriation item 055-601, Organized Crime Commission Distributions, shall be used by the Organized Crime Investigations Commission, as provided by section 177.011 of the Revised Code, to reimburse political subdivisions for the expenses the political subdivisions incur when their law enforcement officers participate in an organized crime task force.
BCI ASSET FORFEITURE AND COST REIMBURSEMENT
The Bureau of Criminal Identification and Investigation Asset Forfeiture and Cost Reimbursement Fund created by section 109.521 of the Revised Code is the same fund as the BCI Asset Forfeiture and Cost Reimbursement Fund created by the Controlling Board in January 1997.
On July 1, 2007, or as soon as practicable thereafter, the Director of Budget and Management shall transfer the cash balance in the Employment Services Fund (Fund 107) to the General Reimbursement Fund (Fund 106). The Director shall cancel any existing encumbrances against appropriation item 055-624, Employment Services, and re-establish them against appropriation item 055-612, General Reimbursement. The amounts of the re-established encumbrances are hereby appropriated. Upon completion of these transfers, the Employment Services Fund (Fund 107) is hereby abolished.
On July 1, 2007, or as soon as practicable thereafter, the Director of Budget and Management shall transfer the cash balance in the Crime Victims Compensation Fund (Fund 108) to the Reparations Fund (Fund 402). Upon completion of this transfer, the Crime Victims Compensation Fund (Fund 108) is hereby abolished.
Section 229.10. AUD AUDITOR OF STATE
GRF |
070-321 |
|
Operating Expenses |
|
$ |
31,469,552 |
|
$ |
32,771,482 |
GRF |
070-403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
600,000 |
|
$ |
600,000 |
TOTAL GRF General Revenue Fund |
|
$ |
32,069,552 |
|
$ |
33,371,482 |
Auditor of State Fund Group
109 |
070-601 |
|
Public Audit Expense - Intra-State |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
422 |
070-601 |
|
Public Audit Expense - Local Government |
|
$ |
33,000,000 |
|
$ |
34,000,000 |
584 |
070-603 |
|
Training Program |
|
$ |
181,250 |
|
$ |
181,250 |
675 |
070-605 |
|
Uniform Accounting Network |
|
$ |
3,317,336 |
|
$ |
3,317,336 |
TOTAL AUD Auditor of State Fund |
|
|
|
|
|
|
Group |
|
$ |
47,498,586 |
|
$ |
48,498,586 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
79,568,138 |
|
$ |
81,870,068 |
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE
The foregoing appropriation item 070-403, Fiscal
Watch/Emergency Technical Assistance, shall be used for
expenses incurred by the Office of the Auditor of State in its
role relating to fiscal watch or fiscal emergency activities under
Chapters 118. and 3316. of the Revised Code. Expenses
include, but are not limited to, the following: duties
related to the determination or termination of fiscal watch or
fiscal emergency of municipal corporations, counties, or townships
as outlined in Chapter 118. of the Revised Code and of school
districts as outlined in Chapter 3316. of the Revised Code;
development of preliminary accounting reports; performance of
annual forecasts; provision of performance audits; and
supervisory, accounting, or auditing services for the mentioned
public entities and school districts. The unencumbered balance of
appropriation item 070-403, Fiscal Watch/Emergency
Technical Assistance, at the end of fiscal year 2008 is
transferred to fiscal year 2009 for use under the same
appropriation item.
UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND TRANSFER
Upon the request of the Auditor of State, and subject to approval from the Controlling Board, effective July 1, 2007, or as soon thereafter as possible, the Director of Budget and Management shall transfer the appropriation balance in GRF appropriation item 070-406, Uniform Accounting Network/Technology Improvements Fund, to GRF appropriation item 070-321, Operating Expenses. The Director shall cancel any existing encumbrances against GRF appropriation item 070-406, Uniform Accounting Network/Technology Improvement Fund, and re-establish them against GRF appropriation item 070-321, Operating Expenses. The amounts of the re-established encumbrances are hereby appropriated.
Section 231.10. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
4K9 |
877-609 |
|
Operating Expenses |
|
$ |
608,045 |
|
$ |
628,264 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
608,045 |
|
$ |
628,264 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
608,045 |
|
$ |
628,264 |
Section 233.10. OBM OFFICE OF BUDGET AND MANAGEMENT
GRF |
042-321 |
|
Budget Development and Implementation |
|
$ |
2,026,011 |
|
$ |
2,128,284 |
GRF |
042-410 |
|
National Association Dues |
|
$ |
28,700 |
|
$ |
29,561 |
GRF |
042-412 |
|
Audit of Auditor of State |
|
$ |
60,460 |
|
$ |
60,460 |
GRF |
042-413 |
|
Payment Issuance |
|
$ |
1,191,802 |
|
$ |
1,150,192 |
GRF |
042-416 |
|
Medicaid Agency Transition |
|
$ |
0 |
|
$ |
1,500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
3,306,973 |
|
$ |
4,868,497 |
General Services Fund Group
105 |
042-603 |
|
State Accounting and Budgeting |
|
$ |
12,115,134 |
|
$ |
12,742,551 |
TOTAL GSF General Services Fund Group |
|
$ |
12,115,134 |
|
$ |
12,742,551 |
Federal Special Revenue Fund Group
3CM |
042-606 |
|
Medicaid Agency Transition |
|
$ |
0 |
|
$ |
1,500,000 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
0 |
|
$ |
1,500,000 |
State Special Revenue Fund Group
5N4 |
042-602 |
|
OAKS Project Implementation |
|
$ |
2,200,725 |
|
$ |
2,132,168 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
2,200,725 |
|
$ |
2,132,168 |
5EH |
042-604 |
|
Forgery Recovery |
|
$ |
35,000 |
|
$ |
35,000 |
TOTAL AGY Agency Fund Group |
|
$ |
35,000 |
|
$ |
35,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,657,832 |
|
$ |
21,278,216 |
Of the foregoing appropriation item 042-603, State Accounting and Budgeting, not more than $435,000 in fiscal year 2008 and
$445,000
in fiscal year 2009 shall be used to pay for centralized
audit
costs associated with either Single Audit Schedules or
financial statements prepared in conformance with generally
accepted accounting principles for the state.
Section 233.20. OAKS SUPPORT ORGANIZATION
The OAKS Support Organization shall operate and maintain the financial management module of the state's enterprise resource planning system to support the activities of the Office of Budget and Management. The OAKS Support Organization shall recover the costs to establish and maintain the enterprise resource planning system through billings to the Office of Budget and Management.
Effective July 1, 2007, the Office of Budget Management shall include the recovery of costs to administer the financial module of the OAKS System in the accounting and budgeting services payroll rate. These revenues shall be deposited to the credit of the Accounting and Budgeting Services Fund (Fund 105). Amounts deposited under this section are hereby appropriated to appropriation item 042-603, State Accounting and Budgeting. Not less than quarterly, the Office of Budget and Management shall process the intrastate transfer voucher billings to transfer the Accounting and Budgeting Services Fund (Fund 105) to the OAKS Support Organization Fund (Fund 5EB), to pay for the OAKS Support Organization Costs.
TRANSFER BALANCE OF CONTINUOUS RECEIPTS FUND
On or before July 31, 2007, the unencumbered cash balance in the Continuous Receipts Fund (Fund R06) shall be transferred to the Forgery Recovery Fund (Fund 5EH).
Section 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
GRF |
874-100 |
|
Personal Services |
|
$ |
2,057,000 |
|
$ |
2,057,000 |
GRF |
874-320 |
|
Maintenance and Equipment |
|
$ |
1,085,837 |
|
$ |
1,080,837 |
TOTAL GRF General Revenue Fund |
|
$ |
3,142,837 |
|
$ |
3,137,837 |
General Services Fund Group
4G5 |
874-603 |
|
Capitol Square
Education Center and Arts |
|
$ |
15,000 |
|
$ |
15,000 |
4S7 |
874-602 |
|
Statehouse Gift Shop/Events |
|
$ |
650,484 |
|
$ |
650,484 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
665,484 |
|
$ |
665,484 |
Underground Parking Garage
208 |
874-601 |
|
Underground Parking Garage Operations |
|
$ |
2,706,993 |
|
$ |
2,706,993 |
TOTAL UPG Underground Parking |
|
|
|
|
|
|
Garage |
|
$ |
2,706,993 |
|
$ |
2,706,993 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,515,314 |
|
$ |
6,510,314 |
Section 237.10. SCR STATE BOARD OF CAREER COLLEGES AND SCHOOLS
General Services Fund Group
4K9 |
233-601 |
|
Operating Expenses |
|
$ |
552,300 |
|
$ |
572,700 |
TOTAL GSF General Services Fund Group |
|
$ |
552,300 |
|
$ |
572,700 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
552,300 |
|
$ |
572,700 |
Section 239.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD
General Services Fund Group
4K9 |
930-609 |
|
Operating Expenses |
|
$ |
530,864 |
|
$ |
551,146 |
TOTAL GSF General Services Fund Group |
|
$ |
530,864 |
|
$ |
551,146 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
530,864 |
|
$ |
551,146 |
Section 241.10. CHR STATE CHIROPRACTIC BOARD
General Services Fund Group
4K9 |
878-609 |
|
Operating Expenses |
|
$ |
607,445 |
|
$ |
621,621 |
TOTAL GSF General Services Fund Group |
|
$ |
607,445 |
|
$ |
621,621 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
607,445 |
|
$ |
621,621 |
Section 243.10. CIV OHIO CIVIL RIGHTS COMMISSION
GRF |
876-321 |
|
Operating Expenses |
|
$ |
7,415,134 |
|
$ |
7,097,134 |
TOTAL GRF General Revenue Fund |
|
$ |
7,415,134 |
|
$ |
7,097,134 |
Federal Special Revenue Fund Group
334 |
876-601 |
|
Investigations |
|
$ |
3,965,507 |
|
$ |
4,602,185 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,965,507 |
|
$ |
4,602,185 |
State Special Revenue Fund Group
217 |
876-604 |
|
Operations Support |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
60,000 |
|
$ |
60,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,440,641 |
|
$ |
11,759,319 |
Of the foregoing appropriation item 876-321, Operating Expenses, at least $318,000 in fiscal year 2008 is to be used to purchase computer and information technology equipment.
Section 245.10. COM DEPARTMENT OF COMMERCE
GRF |
800-410 |
|
Labor and Worker Safety |
|
$ |
2,132,396 |
|
$ |
2,132,396 |
Total GRF General Revenue Fund |
|
$ |
2,132,396 |
|
$ |
2,132,396 |
General Services Fund Group
163 |
800-620 |
|
Division of Administration |
|
$ |
4,323,037 |
|
$ |
4,413,037 |
163 |
800-637 |
|
Information Technology |
|
$ |
6,650,150 |
|
$ |
6,780,963 |
5F1 |
800-635 |
|
Small Government Fire Departments |
|
$ |
300,000 |
|
$ |
300,000 |
543 |
800-602 |
|
Unclaimed Funds-Operating |
|
$ |
7,880,468 |
|
$ |
8,049,937 |
543 |
800-625 |
|
Unclaimed Funds-Claims |
|
$ |
70,000,000 |
|
$ |
75,000,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
89,153,655 |
|
$ |
94,543,937 |
Federal Special Revenue Fund Group
348 |
800-622 |
|
Underground Storage Tanks |
|
$ |
195,008 |
|
$ |
195,008 |
348 |
800-624 |
|
Leaking Underground Storage Tanks |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,045,008 |
|
$ |
2,045,008 |
State Special Revenue Fund Group
4B2 |
800-631 |
|
Real Estate Appraisal Recovery |
|
$ |
35,000 |
|
$ |
35,000 |
4H9 |
800-608 |
|
Cemeteries |
|
$ |
273,465 |
|
$ |
273,465 |
4X2 |
800-619 |
|
Financial Institutions |
|
$ |
2,474,414 |
|
$ |
2,523,918 |
5K7 |
800-621 |
|
Penalty Enforcement |
|
$ |
50,000 |
|
$ |
50,000 |
544 |
800-612 |
|
Banks |
|
$ |
6,516,507 |
|
$ |
6,703,253 |
545 |
800-613 |
|
Savings Institutions |
|
$ |
2,244,370 |
|
$ |
2,286,616 |
546 |
800-610 |
|
Fire Marshal |
|
$ |
13,104,393 |
|
$ |
13,579,150 |
546 |
800-639 |
|
Fire Department Grants |
|
$ |
1,647,140 |
|
$ |
1,647,140 |
546 |
800-640 |
|
Homeland Security Grants |
|
$ |
10,000 |
|
$ |
10,000 |
547 |
800-603 |
|
Real Estate Education/Research |
|
$ |
250,000 |
|
$ |
250,000 |
548 |
800-611 |
|
Real Estate Recovery |
|
$ |
50,000 |
|
$ |
50,000 |
549 |
800-614 |
|
Real Estate |
|
$ |
3,480,038 |
|
$ |
3,574,171 |
550 |
800-617 |
|
Securities |
|
$ |
4,312,453 |
|
$ |
4,473,094 |
552 |
800-604 |
|
Credit Union |
|
$ |
3,521,037 |
|
$ |
3,627,390 |
553 |
800-607 |
|
Consumer Finance |
|
$ |
5,800,445 |
|
$ |
5,800,445 |
556 |
800-615 |
|
Industrial Compliance |
|
$ |
25,033,908 |
|
$ |
25,570,011 |
6A4 |
800-630 |
|
Real Estate Appraiser-Operating |
|
$ |
664,006 |
|
$ |
664,006 |
653 |
800-629 |
|
UST Registration/Permit Fee |
|
$ |
1,512,512 |
|
$ |
1,467,160 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
70,979,688 |
|
$ |
72,584,819 |
Liquor Control Fund Group
043 |
800-601 |
|
Merchandising |
|
$ |
440,499,979 |
|
$ |
464,027,015 |
043 |
800-627 |
|
Liquor Control Operating |
|
$ |
15,980,724 |
|
$ |
16,334,583 |
043 |
800-633 |
|
Development Assistance Debt Service |
|
$ |
33,678,800 |
|
$ |
38,616,800 |
043 |
800-636 |
|
Revitalization Debt Service |
|
$ |
12,620,900 |
|
$ |
15,683,300 |
TOTAL LCF Liquor Control |
|
|
|
|
|
|
Fund Group |
|
$ |
502,780,403 |
|
$ |
534,661,698 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
667,091,150 |
|
$ |
705,967,858 |
SMALL GOVERNMENT FIRE DEPARTMENTS
Notwithstanding section 3737.17 of the Revised Code, the
foregoing
appropriation item 800-635, Small Government Fire
Departments, may be used
to provide loans to private fire
departments.
The foregoing appropriation item 800-625, Unclaimed
Funds-Claims, shall be used to pay claims under section
169.08 of the Revised Code. If it is determined that additional
amounts are necessary, the amounts are hereby appropriated.
UNCLAIMED FUNDS TRANSFERS
Notwithstanding division (A) of section 169.05 of the Revised Code, prior to June 30, 2008, and upon the request of the Director of Budget and Management, the Director of Commerce shall transfer to the General Revenue Fund up to $29,275,000 of unclaimed funds that have been reported by holders of unclaimed funds under section 169.05 of the Revised Code, irrespective of the allocation of the unclaimed funds under that section.
Notwithstanding division (A) of section 169.05 of the Revised Code, prior to June 30, 2009, and upon the request of the Director of Budget and Management, the Director of Commerce shall transfer to the General Revenue Fund up to $29,275,000 of unclaimed funds that have been reported by holders of unclaimed funds under section 169.05 of the Revised Code, irrespective of the allocation of the unclaimed funds under that section.
CASH TRANSFER TO GENERAL REVENUE FUND
Notwithstanding any other law to the contrary, the Director of Budget and Management shall transfer up to $5,700,000 in cash in fiscal year 2008 and up to $5,800,000 in cash in fiscal year 2009 from the State Fire Marshal Fund (Fund 546) to the General Revenue Fund.
Of the foregoing appropriation item 800-639, Fire Department Grants, up to $760,000 in each fiscal year shall be used to make annual grants to volunteer fire departments of up to $10,000, or up to $25,000 if the volunteer fire department provides service for an area affected by a natural disaster. The grant program shall be administered by the Fire Marshal under the Department of Commerce. The Fire Marshal shall adopt rules as are necessary for the administration and operation of the grant program.
Of the foregoing appropriation item 800-639, Fire Department Grants, up to $687,140 in each fiscal year shall be used as full or partial reimbursement to local units of government and fire departments for the cost of firefighter training and equipment or gear. Under rules that the department shall adopt, a local unit of government or fire department may apply to the department for a grant to cover all documented costs that are incurred to provide firefighter training and equipment or gear. The department shall make grants within the limits of the funding provided, with priority given to fire departments that serve small villages and townships.
Of the foregoing appropriation item 800-639, Fire Department Grants, up to $200,000 in each fiscal year shall be used to make grants to fire departments to assist in the conversion of existing data systems to the NFIRS 5 electronic fire reporting system. Under rules that the department shall adopt, awards shall have a maximum of $50,000 per fire department and shall be based on a point system that includes factors such as consideration of the fire department's information technology and operating budgets, population and area served, number of incidents, data conversion and implementation methods, and readiness.
CASH TRANSFER TO REAL ESTATE OPERATING FUND
At the request of the Director of Commerce, the Director of Budget and Management may transfer up to $100,000 in cash from the Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the Real Estate Operating Fund (Fund 549) during fiscal years 2008-2009.
INCREASED APPROPRIATION AUTHORITY - MERCHANDISING
The foregoing appropriation item 800-601, Merchandising, shall be used under section 4301.12 of the Revised Code. If it is determined that additional amounts are necessary, the amounts are hereby appropriated.
DEVELOPMENT ASSISTANCE DEBT SERVICE
The foregoing appropriation item 800-633, Development Assistance
Debt Service, shall be used to pay debt service and related financing costs at the
times they are required to be made during the period from July 1,
2007, to June 30, 2009, for bond service charges on obligations
issued under Chapter 166. of the Revised Code. If it is determined that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated, subject to the limitations set forth in section 166.11 of the Revised Code. An appropriation for this
purpose is not required, but is made in this form and in this act for record purposes only.
REVITALIZATION DEBT SERVICE
The foregoing appropriation item 800-636, Revitalization Debt
Service, shall be used to pay debt service and related financing
costs under sections 151.01 and 151.40 of the Revised Code during the period from July 1, 2007, to June 30, 2009. If it is determined that additional appropriations
are necessary for this purpose, such amounts are hereby
appropriated.
The
General Assembly acknowledges the priority
of the pledge
of a
portion of receipts from that source to
obligations issued
and to
be issued under Chapter
166. of
the Revised Code.
ADMINISTRATIVE ASSESSMENTS
Notwithstanding any other provision of law to the contrary,
Fund 163, Division of Administration, is entitled to receive assessments from all
operating
funds of the department in accordance with procedures
prescribed by the
Director of Commerce and approved by the
Director of Budget and Management.
Section 247.10. OCC OFFICE OF CONSUMERS' COUNSEL
General Services Fund Group
5F5 |
053-601 |
|
Operating Expenses |
|
$ |
8,498,070 |
|
$ |
8,498,070 |
TOTAL GSF General Services Fund Group |
|
$ |
8,498,070 |
|
$ |
8,498,070 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,498,070 |
|
$ |
8,498,070 |
Section 249.10. CEB CONTROLLING BOARD
GRF |
911-404 |
|
Mandate Assistance |
|
$ |
650,000 |
|
$ |
650,000 |
GRF |
911-441 |
|
Ballot Advertising Costs |
|
$ |
300,000 |
|
$ |
300,000 |
TOTAL GRF General Revenue Fund |
|
$ |
950,000 |
|
$ |
950,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
950,000 |
|
$ |
950,000 |
DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM
Notwithstanding any other provision of law to the contrary, the Director of Budget and Management may, with Controlling Board approval, transfer up to $4,000,000 in cash, in each of fiscal years 2008 and 2009, from the Disaster Services Fund (Fund 5E2) to the General Revenue Fund. Upon completion of the transfer, the Director of Budget and Management shall appropriate the transferred amount to appropriation item 911-401, Emergency Purposes/Contingencies. The Controlling Board may, at the request of any state agency or the Director of Budget and Management, transfer all or part of the appropriation in appropriation item 911-401, Emergency Purposes/Contingencies, for the purpose of providing disaster and emergency situation aid to state agencies and political subdivisions in the event of disasters and emergency situations or for the other purposes noted in this section, including, but not limited to, costs related to the disturbance that occurred on April 11, 1993, at the Southern Ohio Correctional Facility in Lucasville, Ohio.
In transferring appropriations to or from appropriation
items
that have federal shares identified in this act, the
Controlling
Board shall add or
subtract corresponding amounts of federal
matching funds at the
percentages indicated by the state and
federal division of the
appropriations in this act.
Such
changes
are hereby appropriated.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from appropriation item 911-401, Emergency Purposes/Contingencies, to Department of Public Safety appropriation items to provide funding for assistance
to political subdivisions and individuals made necessary by natural disasters or
emergencies. Such transfers may be requested and approved prior to or following
the occurrence of any specific natural disasters or emergencies in
order to facilitate the provision of timely assistance.
Pursuant to requests submitted by the Department of Public Safety, the Controlling Board may approve transfers from the Disaster Services Fund (5E2) to a Department of Public Safety fund and appropriation item to provide for assistance to political subdivisions made necessary by natural disasters or emergencies. These transfers may be requested and approved prior to the occurrence of any specific natural disasters or emergencies in order to facilitate the provision of timely assistance. The Emergency Management Agency of the Department of Public Safety shall use the funding to fund the State Disaster Relief Program for disasters that have been declared by the Governor, and the State Individual Assistance Program for disasters that have been declared by the Governor and the federal Small Business Administration. The Ohio Emergency Management Agency shall publish and make available application packets outlining procedures for the State Disaster Relief Program and the State Individual Assistance Program.
The Disaster Services Fund (5E2) shall be used by the Controlling Board, pursuant to requests submitted by state agencies, to transfer cash and appropriation authority to any fund and appropriation item for the payment of state agency disaster relief program expenses
for disasters declared by the Governor, if the Director of Budget and Management determines that sufficient funds exist.
The unencumbered balance of the Disaster Services Fund (5E2) at the end of fiscal year 2008 is transferred to fiscal year 2009 for use for the same purposes as in fiscal year 2009.
SOUTHERN OHIO CORRECTIONAL FACILITY COST
The Division of Criminal Justice Services in the Department of Public Safety and the Public
Defender Commission may each request, upon approval of the
Director of Budget and Management, additional funds from appropriation item 911-401, Emergency Purposes/Contingencies, for costs related to the disturbance that
occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
(A) The foregoing appropriation item 911-404, Mandate
Assistance, shall be used to provide financial assistance to
local
units of government and school districts for
the cost of the following two state
mandates:
(1) The cost to county prosecutors for prosecuting certain
felonies that occur on the grounds of state institutions
operated
by the Department of Rehabilitation and Correction and
the
Department of Youth Services;
(2) The cost to school districts of in-service training for
child abuse detection.
(B) The Division of Criminal
Justice Services in the Department of Public Safety and the Department of Education may prepare
and
submit to the Controlling Board one or more requests to
transfer
appropriations from appropriation item 911-404, Mandate
Assistance.
The
state
agencies charged with this administrative
responsibility are
listed below, as well as the estimated annual
amounts that may be used for each
program
of state financial
assistance.
|
|
ADMINISTERING |
|
ESTIMATED ANNUAL |
PROGRAM |
|
AGENCY |
|
AMOUNT |
Prosecution Costs |
|
Division of Criminal |
|
$150,000 |
|
|
Justice Services |
|
|
Child Abuse Detection Training Costs |
|
Department of Education |
|
$500,000 |
(C) Subject to the total amount appropriated in each fiscal
year
for appropriation item 911-404, Mandate Assistance, the Division of Criminal Justice Services in the Department of Public Safety
and the Department of Education may request from the Controlling
Board that
amounts
smaller or larger than these estimated annual
amounts be
transferred to each program.
(D) In addition to making the initial transfers requested by
the Division of Criminal Justice
Services in the Department of Public Safety and the Department of Education, the Controlling Board
may transfer appropriations received by a state
agency
under this
section back to appropriation item 911-404, Mandate
Assistance, or
to the other program of state
financial assistance
identified under this section.
(E) It is expected that not all costs incurred by local
units of
government and school districts under
each of
the two programs of state financial assistance
identified in
this section will be fully reimbursed by the
state. Reimbursement levels may
vary by program and shall be
based on:
the relationship between the appropriation transfers
requested
by the Division of Criminal
Justice Services in the Department of Public Safety and the Department of Education and provided by
the Controlling Board
for each
of the programs; the rules and
procedures established for
each
program by the administering state
agency;
and the actual costs incurred by local units of
government and school
districts.
(F) Each of these programs of state financial assistance
shall be
carried out as follows:
(a) Appropriations may be transferred to the Division of
Criminal
Justice Services in the Department of Public Safety to cover local prosecution costs for
aggravated
murder, murder, felonies of the first degree, and
felonies of
the second degree that occur on the grounds of
institutions
operated by the Department of Rehabilitation and
Correction and
the Department of Youth Services.
(b) Upon a delinquency filing in juvenile court or the
return of
an indictment for aggravated murder, murder, or any
felony of
the first or second degree that was committed at a
Department of
Youth Services or a Department of Rehabilitation and
Correction
institution, the affected county may, in accordance
with rules
that the Division of Criminal Justice Services in the Department of Public Safety shall
adopt, apply to the Division
of Criminal Justice Services for a
grant to
cover all documented costs that are incurred by the
county
prosecutor's office.
(c) Twice each year, the Division of Criminal Justice Services in the Department of Public Safety
shall designate
counties to
receive grants from those counties
that have submitted one or
more applications in compliance with
the rules that have been
adopted by the Division of Criminal Justice
Services for the receipt of such
grants. In each
year's first
round of grant awards, if sufficient
appropriations have been
made, up to a total of $100,000
may be awarded. In each year's
second round of grant
awards, the remaining appropriations
available for this purpose
may be awarded.
(d) If for a given round of grants there are insufficient
appropriations to make grant awards to all the eligible
counties,
the first priority shall be given to counties with
cases involving
aggravated murder and murder; second priority
shall be given to counties with
cases involving a felony of the first
degree; and third priority
shall be given to counties with cases involving a
felony of the second degree.
Within these priorities, the grant
awards shall be based on the
order in which the applications
were received, except that
applications for cases involving a
felony of the first or second
degree shall not be considered in
more than two consecutive rounds
of grant awards.
(2) CHILD ABUSE DETECTION TRAINING COSTS
Appropriations may be transferred to the Department of
Education
for disbursement to local school districts as full or
partial
reimbursement for the cost of providing in-service
training for
child abuse detection. In accordance with rules that
the
department shall adopt, a local school district may apply to
the
department for a grant to cover all documented costs that are
incurred to provide in-service training for child abuse
detection.
The department shall make grants within the limits of
the funding
provided.
(G) Any moneys allocated within appropriation item 911-404,
Mandate Assistance, not fully utilized may, upon application
of
the Ohio Public Defender Commission, and with the approval
of the
Controlling
Board, be disbursed to boards of
county
commissioners
to provide additional reimbursement for the costs incurred by counties in providing defense to indigent defendants pursuant to Chapter 120. of the Revised Code. Application for the unutilized funds shall be made by the Ohio Public Defender Commission at the first June meeting of the Controlling Board.
The
amount to be disbursed to each
county shall be allocated
proportionately on the basis of the total amount of reimbursement paid to each county as a percentage of the amount of reimbursement paid to all of the counties during the most recent state fiscal year for which data is available and as calculated by the Ohio Public Defender Commission.
Pursuant to requests submitted by the Ohio Ballot Board, the
Controlling Board
shall approve transfers from the foregoing
appropriation item 911-441, Ballot
Advertising Costs, to an Ohio
Ballot Board appropriation item in order to reimburse
county
boards of
elections for the cost of public notices associated with
statewide
ballot initiatives.
Section 251.10. COS STATE BOARD OF COSMETOLOGY
General Services Fund Group
4K9 |
879-609 |
|
Operating Expenses |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
Section 253.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND FAMILY THERAPIST BOARD
General Services Fund Group
4K9 |
899-609 |
|
Operating Expenses |
|
$ |
1,124,267 |
|
$ |
1,179,774 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,124,267 |
|
$ |
1,179,774 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,124,267 |
|
$ |
1,179,774 |
Section 255.10. CLA COURT OF CLAIMS
GRF |
015-321 |
|
Operating Expenses |
|
$ |
2,758,681 |
|
$ |
2,841,441 |
TOTAL GRF General Revenue Fund |
|
$ |
2,758,681 |
|
$ |
2,841,441 |
State Special Revenue Fund Group
5K2 |
015-603 |
|
CLA Victims of Crime |
|
$ |
1,582,684 |
|
$ |
1,582,684 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,582,684 |
|
$ |
1,582,684 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,341,365 |
|
$ |
4,424,125 |
Section 257.10. AFC OHIO CULTURAL FACILITIES
COMMISSION
GRF |
371-321 |
|
Operating Expenses |
|
$ |
176,136 |
|
$ |
176,136 |
GRF |
371-401 |
|
Lease Rental Payments |
|
$ |
36,604,600 |
|
$ |
37,455,500 |
TOTAL GRF General Revenue Fund |
|
$ |
36,780,736 |
|
$ |
37,631,636 |
State Special Revenue Fund Group
4T8 |
371-601 |
|
Riffe Theatre Equipment Maintenance |
|
$ |
81,000 |
|
$ |
81,000 |
4T8 |
371-603 |
|
Project Administration Services |
|
$ |
1,302,866 |
|
$ |
1,302,866 |
TOTAL SSR State Special Revenue Group |
|
$ |
1,383,866 |
|
$ |
1,383,866 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
38,164,602 |
|
$ |
39,015,502 |
The foregoing
appropriation item 371-401, Lease Rental Payments, shall be used to meet all payments from the Ohio Cultural Facilities Commissions to the Treasurer of State during the period from July 1, 2007, to June 30, 2009, under the primary leases and agreements for those arts and sports facilities made under Chapters 152. and 154. of the Revised Code. This appropriation is the source of
funds pledged for bond service charges on related obligations
issued pursuant to Chapters 152. and 154. of the Revised Code.
The foregoing appropriation item 371-321, Operating Expenses,
shall be used by the Ohio Cultural
Facilities Commission to
carry out its responsibilities under this section and
Chapter 3383. of the Revised Code.
By the tenth day following each calendar quarter in each fiscal year, or as soon as possible thereafter, the Director of Budget and Management shall determine the amount of cash from interest earnings to be transferred from the Cultural and Sports Facilities Building Fund (Fund 030) to the Cultural Facilities Commission Administration Fund (Fund 4T8).
As soon as possible after each bond issuance made on behalf of the Cultural Facilities Commission, the Director of Budget and Management shall determine the amount of cash from any premium paid on each issuance that is available to be transferred after all issuance costs have been paid from the Cultural and Sports Facilities Building Fund (Fund 030) to the Cultural Facilities Commission Administration Fund (Fund 4T8).
CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS
The Executive Director of the Cultural Facilities Commission shall certify to the Director of Budget and Management the amount of cash receipts and related investment income, irrevocable letters of credit from a bank, or certification of the availability of funds that have been received from a county or a municipal corporation for deposit into the Capital Donations Fund (Fund 5A1) and are related to an anticipated project. These amounts are hereby appropriated to appropriation item CAP-702, Capital Donations. Prior to certifying these amounts to the Director, the Executive Director shall make a written agreement with the participating entity on the necessary cash flows required for the anticipated construction or equipment acquisition project.
Section 259.10. DEN STATE DENTAL BOARD
General Services Fund Group
4K9 |
880-609 |
|
Operating Expenses |
|
$ |
1,437,392 |
|
$ |
1,528,749 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,437,392 |
|
$ |
1,528,749 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,437,392 |
|
$ |
1,528,749 |
Section 261.10. BDP BOARD OF DEPOSIT
General Services Fund Group
4M2 |
974-601 |
|
Board of Deposit |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,676,000 |
|
$ |
1,676,000 |
BOARD OF DEPOSIT EXPENSE FUND
Upon receiving certification of
expenses from the Treasurer
of State, the Director of Budget and Management
shall transfer
cash from the Investment Earnings Redistribution Fund (Fund 608)
to
the Board of Deposit Expense Fund (Fund 4M2).
The latter fund
shall
be used to pay for banking charges and
fees required for the
operation of the State of Ohio Regular Account.
Section 263.10. DEV DEPARTMENT OF DEVELOPMENT
GRF |
195-401 |
|
Thomas Edison Program |
|
$ |
19,404,838 |
|
$ |
17,978,483 |
GRF |
195-404 |
|
Small Business Development |
|
$ |
1,740,722 |
|
$ |
1,792,944 |
GRF |
195-405 |
|
Minority Business Development Division |
|
$ |
1,580,291 |
|
$ |
1,627,700 |
GRF |
195-407 |
|
Travel and Tourism |
|
$ |
1,800,000 |
|
$ |
1,800,000 |
GRF |
195-410 |
|
Defense Conversion Assistance |
|
$ |
5,000,000 |
|
$ |
0 |
GRF |
195-412 |
|
Rapid Outreach Grants |
|
$ |
10,750,000 |
|
$ |
10,000,000 |
GRF |
195-415 |
|
Economic Development Division and Regional Offices |
|
$ |
5,894,975 |
|
$ |
6,071,824 |
GRF |
195-416 |
|
Governor's Office of Appalachia |
|
$ |
4,746,043 |
|
$ |
4,746,043 |
GRF |
195-422 |
|
Third Frontier Action Fund |
|
$ |
18,790,000 |
|
$ |
16,790,000 |
GRF |
195-426 |
|
Clean Ohio Implementation |
|
$ |
300,000 |
|
$ |
309,000 |
GRF |
195-432 |
|
International Trade |
|
$ |
4,650,501 |
|
$ |
4,650,501 |
GRF |
195-434 |
|
Investment in Training Grants |
|
$ |
12,227,500 |
|
$ |
12,594,325 |
GRF |
195-436 |
|
Labor/Management Cooperation |
|
$ |
836,225 |
|
$ |
836,225 |
GRF |
195-497 |
|
CDBG Operating Match |
|
$ |
1,072,184 |
|
$ |
1,072,184 |
GRF |
195-498 |
|
State Match Energy |
|
$ |
96,820 |
|
$ |
96,820 |
GRF |
195-501 |
|
Appalachian Local Development Districts |
|
$ |
391,482 |
|
$ |
391,482 |
GRF |
195-502 |
|
Appalachian Regional Commission Dues |
|
$ |
254,208 |
|
$ |
254,208 |
GRF |
195-507 |
|
Travel
and Tourism Grants |
|
$ |
1,130,000 |
|
$ |
1,115,000 |
GRF |
195-516 |
|
Shovel Ready Sites |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
195-520 |
|
Ohio Main Street Program |
|
$ |
750,000 |
|
$ |
250,000 |
GRF |
195-521 |
|
Discover Ohio! |
|
$ |
7,182,845 |
|
$ |
8,182,845 |
GRF |
195-905 |
|
Third Frontier Research & Development General Obligation Debt Service |
|
$ |
14,349,500 |
|
$ |
24,523,400 |
GRF |
195-912 |
|
Job Ready Site Development General Obligation Debt Service |
|
$ |
4,359,400 |
|
$ |
8,232,500 |
TOTAL GRF General Revenue Fund |
|
$ |
118,307,534 |
|
$ |
124,315,484 |
General Services Fund Group
135 |
195-684 |
|
Supportive Services |
|
$ |
11,699,404 |
|
$ |
11,321,444 |
5AD |
195-667 |
|
Investment in Training Expansion |
|
$ |
2,000,000 |
|
$ |
0 |
5AD |
195-668 |
|
Workforce Guarantee Program |
|
$ |
1,000,000 |
|
$ |
0 |
5AD |
195-677 |
|
Economic Development Contingency |
|
$ |
5,000,000 |
|
$ |
24,400,000 |
5W5 |
195-690 |
|
Travel and Tourism Cooperative Projects |
|
$ |
350,000 |
|
$ |
350,000 |
5W6 |
195-691 |
|
International Trade Cooperative Projects |
|
$ |
300,000 |
|
$ |
300,000 |
685 |
195-636 |
|
Direct Cost Recovery Expenditures |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
21,149,404 |
|
$ |
37,171,444 |
Federal Special Revenue Fund Group
3AE |
195-643 |
|
Workforce Development Initiatives |
|
$ |
5,839,900 |
|
$ |
5,860,000 |
3BJ |
195-685 |
|
TANF Heating Assistance |
|
$ |
45,000,000 |
|
$ |
15,000,000 |
3K8 |
195-613 |
|
Community Development Block Grant |
|
$ |
65,000,000 |
|
$ |
65,000,000 |
3K9 |
195-611 |
|
Home Energy Assistance Block Grant |
|
$ |
110,000,000 |
|
$ |
110,000,000 |
3K9 |
195-614 |
|
HEAP Weatherization |
|
$ |
22,000,000 |
|
$ |
22,000,000 |
3L0 |
195-612 |
|
Community Services Block Grant |
|
$ |
25,235,000 |
|
$ |
25,235,000 |
3V1 |
195-601 |
|
HOME Program |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
308 |
195-602 |
|
Appalachian Regional Commission |
|
$ |
475,000 |
|
$ |
475,000 |
308 |
195-603 |
|
Housing and Urban Development |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
308 |
195-605 |
|
Federal Projects |
|
$ |
27,000,000 |
|
$ |
27,000,000 |
308 |
195-609 |
|
Small Business Administration |
|
$ |
4,296,381 |
|
$ |
4,396,381 |
308 |
195-618 |
|
Energy Federal Grants |
|
$ |
3,400,000 |
|
$ |
3,400,000 |
335 |
195-610 |
|
Energy Conservation and Emerging Technology |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
356,446,281 |
|
$ |
326,566,381 |
State Special Revenue Fund Group
4F2 |
195-639 |
|
State Special Projects |
|
$ |
518,393 |
|
$ |
518,393 |
4F2 |
195-676 |
|
Marketing Initiatives |
|
$ |
5,000,000 |
|
$ |
1,000,000 |
4S0 |
195-630 |
|
Tax Incentive Programs |
|
$ |
650,800 |
|
$ |
650,800 |
4W1 |
195-646 |
|
Minority Business Enterprise Loan |
|
$ |
2,580,597 |
|
$ |
2,580,597 |
444 |
195-607 |
|
Water and Sewer Commission Loans |
|
$ |
523,775 |
|
$ |
523,775 |
450 |
195-624 |
|
Minority Business Bonding Program Administration |
|
$ |
53,967 |
|
$ |
53,967 |
451 |
195-625 |
|
Economic Development Financing Operating |
|
$ |
3,233,311 |
|
$ |
3,233,311 |
5AR |
195-674 |
|
Industrial Site Improvements |
|
$ |
4,500,000 |
|
$ |
4,500,000 |
5CG |
195-679 |
|
Alternative Fuel Transportation |
|
$ |
1,500,000 |
|
$ |
1,000,000 |
5DU |
195-689 |
|
Energy Projects |
|
$ |
840,000 |
|
$ |
840,000 |
5M4 |
195-659 |
|
Low Income Energy Assistance |
|
$ |
245,000,000 |
|
$ |
245,000,000 |
5M5 |
195-660 |
|
Advanced Energy Programs |
|
$ |
17,000,000 |
|
$ |
17,000,000 |
5X1 |
195-651 |
|
Exempt Facility Inspection |
|
$ |
25,000 |
|
$ |
25,000 |
611 |
195-631 |
|
Water and Sewer Administration |
|
$ |
15,713 |
|
$ |
15,713 |
617 |
195-654 |
|
Volume Cap Administration |
|
$ |
200,000 |
|
$ |
200,000 |
646 |
195-638 |
|
Low- and Moderate- Income Housing Trust Fund |
|
$ |
53,000,000 |
|
$ |
53,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
334,641,556 |
|
$ |
330,141,556 |
Facilities Establishment Fund Group
009 |
195-664 |
|
Innovation Ohio |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
010 |
195-665 |
|
Research and Development |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
037 |
195-615 |
|
Facilities Establishment |
|
$ |
110,000,000 |
|
$ |
110,000,000 |
4Z6 |
195-647 |
|
Rural Industrial Park Loan |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
5D2 |
195-650 |
|
Urban Redevelopment Loans |
|
$ |
5,475,000 |
|
$ |
5,475,000 |
5S8 |
195-627 |
|
Rural Development Initiative |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
5S9 |
195-628 |
|
Capital Access Loan Program |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
TOTAL 037 Facilities |
|
|
|
|
|
|
Establishment Fund Group |
|
$ |
224,475,000 |
|
$ |
224,475,000 |
Clean Ohio Revitalization Fund
003 |
195-663 |
|
Clean Ohio Operating |
|
$ |
625,000 |
|
$ |
550,000 |
TOTAL 003 Clean Ohio Revitalization Fund |
|
$ |
625,000 |
|
$ |
550,000 |
Third Frontier Research & Development Fund Group
011 |
195-686 |
|
Third Frontier Operating |
|
$ |
1,932,056 |
|
$ |
1,932,056 |
011 |
195-687 |
|
Third Frontier Research & Development Projects |
|
$ |
94,000,000 |
|
$ |
72,000,000 |
014 |
195-692 |
|
Research & Development Taxable Bond Projects |
|
$ |
28,000,000 |
|
$ |
28,000,000 |
TOTAL 011 Third Frontier Research & Development Fund Group |
|
$ |
123,932,056 |
|
$ |
101,932,056 |
Job Ready Site Development Fund Group
012 |
195-688 |
|
Job Ready Site Operating |
|
$ |
1,246,155 |
|
$ |
1,246,155 |
TOTAL 012 Job Ready Site Development Fund Group |
|
$ |
1,246,155 |
|
$ |
1,246,155 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,180,822,986 |
|
$ |
1,146,398,076 |
Section 263.10.10. THOMAS EDISON PROGRAM
The foregoing appropriation item 195-401, Thomas Edison
Program,
shall be used
for the purposes of sections 122.28 to
122.38 of the Revised Code
in order to
provide funds for
cooperative public and private efforts in
technological
innovation
to promote the development and transfer of technology
by and to
Ohio businesses that will lead to the creation of jobs. Of the foregoing appropriation item 195-401, Thomas Edison Program, not more than ten per cent in each fiscal year shall be used for operating expenditures in administering the programs of the Technology Division.
Of the foregoing appropriation item 195-401, Thomas Edison Program, $2,000,000 in fiscal year 2008 shall be used by Project Development, Inc., for technology commercialization.
Section 263.10.20. SMALL BUSINESS DEVELOPMENT
The foregoing appropriation item 195-404, Small Business
Development, shall be
used to ensure that the unique needs and
concerns of small
businesses are
addressed.
The foregoing appropriation item 195-404, Small Business Development, may be used to provide grants
to
local
organizations to support the operation of Small Business
Development Centers
and other local economic development activity
promoting small business, including the 1st Stop Business Connection, and for
the cost of administering the
small business development center program. The centers shall provide technical,
financial, and
management consultation for small business and shall facilitate
access
to state and federal programs. These funds shall be used as
matching
funds for grants from the United States Small Business
Administration and
other federal
agencies, pursuant to Public Law
No. 96-302 (1980) as amended by
Public Law No. 98-395
(1984), and
regulations and policy guidelines for the programs under this law.
MINORITY BUSINESS DEVELOPMENT DIVISION
Of the foregoing appropriation item 195-405, Minority
Business Development
Division, up to $1,060,000 but not less than $954,000 in each
fiscal year shall be used to fund
minority contractors and
business assistance organizations. The Minority
Business
Development Division shall determine which cities need minority
contractors and business assistance organizations by utilizing
United States Census
Bureau data and zip codes to locate the
highest
concentrations of minority
businesses. The Minority
Business
Development Division also shall determine
the numbers of
minority
contractors and business assistance organizations
necessary and
the amount of funding to be provided each. In
addition, the
Minority Business Development Division shall
continue to plan and
implement
business conferences.
Section 263.10.30. RAPID OUTREACH GRANTS
The foregoing appropriation item 195-412, Rapid Outreach Grants, shall be used as an incentive for attracting
and
retaining business opportunities for the state. Any such
business opportunity, whether new, expanding, or relocating in
Ohio, is eligible for funding. The project must create or retain
a significant number of jobs for Ohioans. Grant awards may be
considered only when (1) the project's viability hinges on an
award of funds from appropriation item 195-412, Rapid Outreach Grants; (2) all
other public
or private sources of financing have
been considered;
or (3) the
funds act as a catalyst for the
infusion into the
project of
other financing sources.
The department's primary goal shall be to award funds to
political subdivisions of the state for off-site infrastructure
improvements. In order to meet the particular needs of economic
development in a region, the department may elect to award funds
directly to a business for on-site infrastructure
improvements.
"Infrastructure improvements" mean
improvements to water
system
facilities, sewer and sewage
treatment facilities, electric
or gas
service facilities, fiber optic
facilities, rail
facilities, site
preparation, and parking
facilities. The
Director of Development
may recommend the funds be used in an
alternative manner when
considered appropriate to meet an
extraordinary economic development
opportunity or need.
The foregoing appropriation item 195-412, Rapid Outreach Grants, may be expended only after the submission of a
request to the Controlling Board by the Department of Development
outlining the planned use of the funds, and the subsequent
approval of the request by the Controlling Board.
The foregoing appropriation item 195-412, Rapid Outreach Grants, may be used for, but is not limited to,
construction, rehabilitation, and acquisition projects for rail
freight assistance as requested by the Department of
Transportation. The Director of Transportation shall submit the
proposed projects to the Director of Development for an
evaluation
of potential economic benefit.
Section 263.10.40. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL OFFICES
The foregoing appropriation item 195-415, Economic
Development Division and Regional Offices, shall be used for the operating
expenses
of the Economic Development Division and the regional
economic
development offices and for grants for cooperative economic
development ventures.
Section 263.10.50. GOVERNOR'S OFFICE OF APPALACHIA
The foregoing appropriation item 195-416, Governor's
Office
of
Appalachia,
shall be used for the administrative costs of
planning and
liaison activities
for the Governor's Office of
Appalachia, and to provide financial assistance to projects in Ohio's Appalachian counties.
Of the foregoing appropriation item 195-416, Governor's
Office of
Appalachia,
up to $250,000 each fiscal year shall be
used to match
federal funds
from the Appalachian Regional
Commission to provide job
training to impact
the Appalachian
Region.
Of the foregoing appropriation item 195-416, Governor's Office of Appalachia, up to $4,246,043 in each fiscal year shall be used in conjunction with other federal and state funds to provide financial assistance to projects in Ohio's Appalachian counties in order to further the goals of the Appalachian Regional Commission. The projects and project sponsors shall meet Appalachian Regional Commission eligibility requirements. Grants shall be administered by the Department of Development.
Section 263.10.60. THIRD FRONTIER ACTION FUND
The foregoing appropriation item 195-422, Third Frontier Action Fund, shall be used to make grants under sections 184.01 and 184.02 of the Revised Code. Prior to the release of funds from appropriation item 195-422, Third Frontier Action Fund, each grant award shall be recommended for funding by the Third Frontier Commission and obtain approval from the Controlling Board.
Of the foregoing appropriation item 195-422, Third Frontier Action Fund, not more than
six per cent in each fiscal year shall be
used
for
operating expenditures in
administering the program.
In addition to the six per cent for operating expenditures,
an additional administrative amount, not to exceed $1,500,000
within the biennium, shall be available for proposal evaluation, research and analyses, and
marketing efforts considered necessary to receive and disseminate
information about science and technology-related opportunities in the state.
Of the foregoing appropriation item 195-422, Third Frontier Action Fund, $2,000,000 in fiscal year 2008 shall be used by Project Development, Inc., for business and job creation resulting from Third Frontier investments.
SCIENCE AND TECHNOLOGY COLLABORATION
The Department of Development shall work in close collaboration with the Board of Regents, the Air Quality Development Authority, and the Third Frontier Commission in relation to appropriation items and programs referred to as Alignment Programs in the following paragraph, and other technology-related appropriations and programs in the Department of Development, Air Quality Development Authority, and the Board of Regents as these agencies may designate, to ensure implementation of a coherent state strategy with respect to science and technology.
"Alignment Programs" means appropriation items 195-401, Thomas Edison Program; 898-402, Coal Development Office; 195-422, Third Frontier Action Fund; 898-604, Coal Research and Development Fund; 235-433, Economic Growth Challenge; 235-508, Air Force Institute of Technology; 235-510, Ohio Supercomputer Center; 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; 235-535, Ohio Agricultural Research and Development Center; 235-553, Dayton Area Graduate Studies Institute; 235-554, Priorities in Collaborative Graduate Education; 235-556, Ohio Academic Resources Network; 195-435, Biomedical Research and Technology Transfer Trust; 195-687, Third Frontier Research & Development Projects; CAP-068, Third Frontier Project; and 195-692, Research & Development Taxable Bond Projects.
Consistent with the recommendations of the Governor's Commission on Higher Education and the Economy, Alignment Programs shall be managed and administered in accordance with the following objectives: (1) to build on existing competitive research strengths; (2) to encourage new and emerging discoveries and commercialization of products and ideas that will benefit the Ohio economy; and (3) to assure improved collaboration among Alignment Programs with programs administered by the Third Frontier Commission and with other state programs that are intended to improve economic growth and job creation. As directed by the Third Frontier Commission, Alignment Program managers shall report to the Commission or the Third Frontier Advisory Board regarding the contributions of their programs to achieving these objectives.
Each Alignment Program shall be reviewed annually by the Third Frontier Commission with respect to its development of complementary relationships within a combined state science and technology investment portfolio, and with respect to its overall contribution to the state's science and technology strategy, including the adoption of appropriately consistent criteria for: (1) the scientific merit of activities supported by the program; (2) the relevance of the program's activities to commercial opportunities in the private sector; (3) the private sector's involvement in a process that continually evaluates commercial opportunities to use the work supported by the program; and (4) the ability of the program and recipients of grant funding from the program to engage in activities that are collaborative, complementary, and efficient with respect to the expenditures of state funds. Each Alignment Program shall provide an annual report to the Third Frontier Commission that discusses existing, planned, or possible collaborations between programs and between recipients of grant funding related to technology, development, commercialization, and the support of Ohio's economic development. The annual review conducted by the Third Frontier Commission shall be a comprehensive review of the entire state science and technology program portfolio rather than a review of individual programs.
Applicants for Third Frontier and Alignment Programs funding shall identify their requirements for high-performance computing facilities and services, including both hardware and software, in all proposals. If an applicant's requirements exceed approximately $100,000 for a proposal, the Ohio Supercomputer Center shall convene a panel of experts. The panel shall review the proposal to determine whether the proposal's requirements can be met through Ohio Supercomputer Center facilities or through other means and report such information to the Third Frontier Commission.
To ensure that the state receives the maximum benefit from its investment in the Third Frontier Project and the Third Frontier Network, organizations receiving Third Frontier awards and Alignment Programs awards shall, as appropriate, be expected to have a connection to the Third Frontier Network that enables them and their collaborators to achieve award objectives through the Third Frontier Network.
Section 263.10.70. INTERNATIONAL TRADE
The foregoing appropriation item 195-432, International
Trade, shall be used
to operate and to maintain Ohio's
out-of-state trade offices.
The Director of Development may enter into contracts with
foreign
nationals to staff foreign offices. The contracts may be
paid
in local currency or United States currency and shall be
exempt from section 127.16 of the Revised Code.
The director also may
establish foreign currency accounts under section 122.05 of the
Revised Code for the
payment
of expenses related to the operation and maintenance of
the
foreign trade offices.
The foregoing appropriation item 195-432, International
Trade, shall be used to fund the International Trade Division and
to
assist Ohio manufacturers and agricultural producers in
exporting to
foreign countries in conjunction with the Department
of
Agriculture.
Of the foregoing appropriation item 195-432, International
Trade, up to $35,000 may be used to purchase gifts for
representatives of foreign governments or dignitaries of foreign
countries.
Section 263.10.80. OHIO INVESTMENT IN TRAINING PROGRAM
The foregoing appropriation
items 195-434, Investment in
Training
Grants, and 195-667, Investment in Training Expansion, shall be used to promote training
through grants for the reimbursement
of eligible training
expenses.
Of the foregoing appropriation item 195-434, Investment in Training Grants, $300,000 in each fiscal year shall be used for the Re-Tooling for Success Program at Washington State Community College.
Section 263.10.90. CDBG OPERATING MATCH
The foregoing appropriation item 195-497, CDBG Operating Match, shall be used to provide matching funds as requested by the United States Department of Housing and Urban Development to administer the federally funded Community Development Block Grant (CDBG) program.
The foregoing appropriation item 195-498, State Match Energy, shall be used to provide matching funds as required by the United States Department of Energy to administer the federally funded State Energy Plan.
Section 263.10.95. DEFENSE CONVERSION ASSISTANCE
Of the foregoing appropriation item 195-410, Defense Conversion Assistance, $5,000,000 in fiscal year 2008 shall be used as a state match to federal dollars for the relocation of jobs at Wright-Patterson Air Force Base and vicinity as a result of job losses from the base realignment and closure process.
Section 263.10.97. STATE FILM BUREAU
There is hereby created the State Film Bureau. The mission of the Bureau shall be to promote media production in the state and to help the industry optimize its production experience in the state, including enhancing local economies through increased employment and tax revenues and ensuring an accurate portrayal of Ohio. The Bureau shall serve as an informational clearinghouse and provide technical assistance to the media production industry and business entities engaged in media production in the state. The Bureau shall promote Ohio as the ideal site for media production and help those in the industry benefit from their experience in the state.
The primary objective of the Bureau shall be to encourage development of a strong capital base for electronic media production in order to achieve an independent, self-supporting industry in Ohio. Other objectives shall include:
(A) Attracting private investment for the electronic media production industry;
(B) Developing a tax infrastructure that encourages private investment; and
(C) Encouraging increased employment opportunities within this sector and increased competition with other states.
The State Film Bureau shall conduct a study of Ohio's media production industry and make recommendations that lead to job growth in that industry. The study shall identify and benchmark Ohio's current and potential capabilities for growth in the sectors and sub-sectors of commercial, industrial, education, and entertainment media. The Bureau shall prepare a comprehensive report of its findings, along with recommendations for private sector and public policy initiatives that can lead to the future growth of the media production industry in Ohio, increased job opportunities, and the enhancement of Ohio's image as a desirable place to do business.
Section 263.20.10. TRAVEL AND TOURISM GRANTS
The foregoing appropriation item 195-507, Travel and Tourism
Grants, shall be
used to provide grants to local organizations to
support various local
travel and tourism events in Ohio.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Cleveland Film Bureau.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Cincinnati Film Bureau.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $500,000 in each fiscal year shall be used for grants to The International Center for the Preservation of Wild Animals.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Greater Cleveland Sports Commission.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in each fiscal year shall be used for the Greater Columbus Sports Commission.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $50,000 in fiscal year 2008 shall be used for the Ohio Alliance of Science Centers.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $100,000 in each fiscal year shall be used for the Harbor Heritage Society/Great Lakes Science Center in support of operations of the Steamship William G. Mather Maritime Museum, and $100,000 in each fiscal year shall be used for the Great Lakes Historical Society.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $35,000 in fiscal year 2009 shall be used for the Ohio Junior Angus Association to assist with costs associated with hosting the Eastern Regional Junior Angus Show in June 2009.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $60,000 in each fiscal year shall be used for the Ohio River Trails program.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $60,000 in each fiscal year shall be used to support the outdoor drama "Tecumseh!"
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $25,000 in each fiscal year shall be used for Ohio's Appalachian Country.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $25,000 in each fiscal year shall be used for the Garst Museum.
Of the foregoing appropriation item 195-507, Travel and Tourism Grants, $10,000 in each fiscal year shall be used for the Pro Football Hall of Fame Festival.
Section 263.20.13. OHIO MAIN STREET PROGRAM
Of the foregoing appropriation item 195-520, Ohio Main Street Program, $500,000 in fiscal year 2008 shall be used for the rebuilding and revitalization of downtown Wauseon following the April 14, 2007, fire in that community. Such funds shall be used by the mayor of Wauseon or the mayor's designee to provide grants and matching grants to owners or their successors whose buildings and property were damaged or destroyed by the fire. Such grants shall only be used to supplement investments of owners or successors who are rebuilding in the downtown location of the fire.
Section 263.20.16. DISCOVER OHIO!
The foregoing appropriation item 195-521, Discover Ohio!, shall be used by the Division of Travel and Tourism in the Department of Development for marketing and promoting Ohio as a tourism destination and for nonpersonnel costs associated with operating such programs.
Section 263.20.20. THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-905, Third Frontier Research & Development General Obligation Debt Service, shall be used to pay all debt service and related financing costs during the period from July 1, 2007, to June 30, 2009, on obligations issued for research and development purposes under sections 151.01 and 151.10 of the Revised Code.
JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195-912, Job Ready Site Development General Obligation Debt Service, shall be used to pay all debt service and related financing costs during the period from July 1, 2007, to June 30, 2009, on obligations issued for job ready site development purposes under sections 151.01 and 151.11 of the Revised Code.
Section 263.20.30. SUPPORTIVE SERVICES
The Director of Development may assess divisions of the
department for the cost of central service operations. An
assessment shall be based on a plan submitted to and approved by
the Office of Budget and Management by August 1, 2007, and shall contain the characteristics of
administrative ease and uniform application.
A division's payments shall be credited to the Supportive
Services Fund (Fund 135) using an intrastate transfer voucher.
WORKFORCE GUARANTEE PROGRAM
The foregoing appropriation item 195-668, Workforce Guarantee Program, shall be used for the Workforce Guarantee Program.
Benefited employers must create at least 20 high-paying, full-time jobs over a one-year period and must demonstrate prior to the commitment of state funds that the availability of those skilled workers is a major factor in the employer's decision to locate or expand in Ohio. Customized training activities are eligible for funding through the Workforce Guarantee Program.
The Director of Development, under Chapter 119. of the Revised Code, shall adopt, and may amend or rescind, rules the Director finds necessary for the implementation and successful operation of the Workforce Guarantee Program.
ECONOMIC DEVELOPMENT CONTINGENCY
Of the foregoing appropriation item 195-677, Economic Development Contingency, up to $19,400,000 shall be used by the Third Frontier Commission in fiscal year 2009 for biomedical research and technology transfer purposes under sections 184.01 to 184.03 of the Revised Code.
Of the foregoing appropriation item 195-677, Economic Development Contingency, $1,500,000 in fiscal year 2008 shall be used for Cleveland Hopkins International Airport projects to support increased service and expand the existing hub, as defined in 49 U.S.C. 40102, Infrastructure.
DIRECT COST RECOVERY EXPENDITURES
The foregoing appropriation item 195-636, Direct Cost Recovery Expenditures, shall be used for conference and subscription fees
and other reimbursable costs. Revenues to the General
Reimbursement Fund (Fund 685) shall consist of fees and other
moneys charged for conferences, subscriptions, and other
administrative costs that are not central service costs.
Section 263.20.40. HEAP WEATHERIZATION
Fifteen per cent of the federal funds received by the state
for
the Home
Energy Assistance Block Grant shall be deposited in appropriation item 195-614, HEAP Weatherization (Fund
3K9), and shall
be used to
provide home weatherization services in
the state.
The Department of Development shall seek, and if approved shall implement, a federal waiver to increase the percentage of the Home Energy Block Grant that may be used for weatherization to at least sixteen and one-half per cent in fiscal year 2008 and at least seventeen and one-half per cent in fiscal year 2009. Upon approval of the federal waiver, the Director of Development shall seek Controlling Board approval to adjust appropriation items 195-611, Home Energy Assistance Block Grant, and 195-614, HEAP Weatherization, as needed to implement the federal waiver.
The foregoing fund, Fund 4F2, State
Special
Projects Fund, shall be used for the
deposit of
private-sector funds from utility companies and for the deposit of other
miscellaneous state funds. Private-sector moneys shall be used
to (1) pay the expenses of verifying the income-eligibility of
HEAP applicants, (2) market economic development opportunities in
the state, and (3) leverage additional federal funds. State
funds
shall be used to match federal housing grants for the
homeless and to market economic development opportunities in the state.
Section 263.20.50. TAX INCENTIVE PROGRAMS OPERATING
On July 1, 2007, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balance in the Job Creation Tax Credit Operating Fund (Fund 4S1) to the Tax Incentive Programs Operating Fund (Fund 4S0). The Director shall cancel any existing encumbrances against appropriation item 195-634, Job Creation Tax Credit Operating (Fund 4S1), and re-establish them against appropriation item 195-630, Tax Incentive Programs Operating (Fund 4S0). The amounts of the re-established encumbrances are hereby appropriated.
Section 263.20.60. MINORITY BUSINESS ENTERPRISE LOAN
All repayments from the Minority Development Financing
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee
Program shall be
deposited in the State Treasury to the credit of
the Minority Business
Enterprise Loan Fund (Fund 4W1).
All operating costs of administering the Minority Business
Enterprise Loan
Fund shall be paid from the Minority Business
Enterprise Loan Fund (Fund 4WI).
MINORITY BUSINESS BONDING FUND
Notwithstanding Chapters 122., 169., and 175. of the Revised
Code and other
provisions of Am. Sub.
H.B. 283 of the 123rd
General
Assembly, the Director of Development may, upon the
recommendation of the Minority Development Financing Advisory
Board, pledge up
to $10,000,000 in the FY 2008-2009 biennium of
unclaimed funds administered by
the Director of Commerce and
allocated to the Minority Business Bonding
Program under
section 169.05 of the Revised Code. The transfer of any
cash by
the Director of Budget and Management from the Department of
Commerce's
Unclaimed
Funds Fund (Fund 543) to the Department of
Development's
Minority
Business Bonding Fund (Fund 449) shall
occur, if
requested by the Director of
Development, only if such
funds are
needed for payment of losses arising from
the Minority
Business
Bonding Program, and only after proceeds of the initial
transfer of $2,700,000
by the Controlling Board to the
Minority
Business Bonding Program has been used for that purpose. Moneys
transferred by the
Director of Budget and Management from the
Department of
Commerce for this purpose may be moneys in custodial
funds held by the
Treasurer of State. If expenditures are
required for payment of losses
arising from the Minority Business
Bonding Program,
such expenditures shall be made from
appropriation item 195-623, Minority
Business Bonding Contingency
in the Minority Business Bonding Fund, and such
amounts are
appropriated.
Section 263.20.70. ECONOMIC DEVELOPMENT FINANCING OPERATING
The foregoing appropriation item 195-625, Economic
Development
Financing Operating, shall be used for the operating
expenses of
financial assistance programs authorized under Chapter
166. of
the Revised Code and under sections 122.43 and 122.45 of
the
Revised Code.
ALTERNATIVE FUEL TRANSPORTATION
The foregoing appropriation item 195-679, Alternative Fuel Transportation, shall be used by the Director of Development to make grants under the Alternative Fuel Transportation Grant Fund Program in accordance with section 122.075 of the Revised Code, and for administrative costs associated with the program.
Of the foregoing appropriation item 195-679, Alternative Fuel Transportation, up to $1,000,000 in each fiscal year shall be used to encourage retail gas stations to provide E85 and B20 (or higher) fuel to customers in accordance with section 122.075 of the Revised Code.
LOW INCOME ENERGY ASSISTANCE
The foregoing appropriation item 195-659, Low Income Energy Assistance,
shall be used to provide payments to regulated electric utility companies for low-income customers enrolled in
Percentage of Income Payment Plan (PIPP) electric accounts, to
fund targeted energy efficiency and customer education services to
PIPP customers, and to cover the department's administrative costs
related to Universal Service Fund Programs. If it is determined that additional appropriations are necessary to provide payments to regulated utility companies for low income customers enrolled in PIPP electric accounts, such appropriations are subject to approval by the Controlling Board upon the submission of a request by the Department of Development.
The foregoing appropriation item 195-660, Advanced Energy Programs, shall be used to provide financial assistance to
customers for eligible advanced energy projects for residential,
commercial and industrial business, local government, educational
institution, nonprofit, and agriculture customers, and to pay for
the program's administrative costs as provided in the Revised Code
and rules adopted by the Director of Development.
Of the foregoing appropriation item 195-660, Advanced Energy Programs, up to $1,500,000 over the biennium shall be used for methane digester projects in certified territories of electric distribution utilities and elsewhere throughout the state.
Of the foregoing appropriation item 195-660, Advanced Energy Programs, up to $250,000 in each fiscal year shall be used for grants to school districts under section 3327.17 of the Revised Code.
By July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer $90,485 in cash from the Advanced Energy Fund (Fund 5M5) to the General Revenue Fund for use by the Division of Geological Survey in the Department of Natural Resources. The amount of the transfer is hereby appropriated in GRF appropriation item 728-321, Division of Geological Survey.
By July 1, 2008, or as soon as possible thereafter, the Director of Budget and Management shall transfer $64,557 in cash from the Advanced Energy Fund (Fund 5M5) to the General Revenue Fund for use by the Division of Geological Survey in the Department of Natural Resources. The amount of the transfer is hereby appropriated in GRF appropriation item 728-321, Division of Geological Survey.
TRANSFER FROM THE ADVANCED ENERGY FUND TO THE INDUSTRIAL SITE IMPROVEMENTS FUND
Notwithstanding Chapters 122. and 4928. of the Revised Code and any other law to the contrary, the Director of Budget and Management shall transfer $4,500,000 in cash in fiscal year 2008 and $4,500,000 in cash in fiscal year 2009 from the Advanced Energy Fund (Fund 5M5) to the Industrial Site Improvements Fund (Fund 5AR).
Moneys in Fund 5AR, Industrial Site Improvements, shall be used by the Director of Development to make grants to eligible counties for the improvement of commercial or industrial areas within those counties under section 122.951 of the Revised Code.
TRANSFER FROM THE ADVANCED ENERGY FUND FOR THE COAL DEVELOPMENT OFFICE
Notwithstanding Chapters 122. and 4928. of the Revised Code and any other law to the contrary, the Director of Budget and Management may transfer $5,595 in fiscal year 2008 and $23,600 in fiscal year 2009 from the Advanced Energy Fund (Fund 5M5) to the General Revenue Fund for use in appropriation item 898-402, Coal Development Office, in the Air Quality Development Authority. The amounts of the transfers are hereby appropriated.
GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS
All payments received by the state pursuant to a series of settlements with ten brokerage firms reached with the United States Securities and Exchange Commission, the National Association of Securities Dealers, the New York Stock Exchange, the New York Attorney General, and other state regulators (henceforth referred to as the "Global Analysts Settlement Agreements"), shall be deposited into the state treasury to the credit of the Economic Development Contingency Fund (Fund 5Y6), which is hereby created in the state treasury. The fund shall be used by the Director of Development to support economic development projects for which appropriations would not otherwise be available, and shall be subject to the submission of a request to the Controlling Board by the Director outlining the planned use of the funds, and the subsequent approval of the request by the Controlling Board.
VOLUME CAP ADMINISTRATION
The foregoing appropriation item 195-654, Volume Cap
Administration, shall be
used for expenses related
to the
administration of the Volume
Cap
Program. Revenues
received by
the Volume Cap Administration Fund (Fund 617)
shall
consist of
application fees, forfeited deposits, and interest
earned
from the
custodial account held by the Treasurer of State.
INNOVATION OHIO LOAN FUND
The foregoing appropriation item 195-664, Innovation Ohio, shall be used to provide for innovation Ohio purposes, including loan guarantees and loans under Chapter 166. and particularly sections 166.12 to 166.16 of the Revised Code.
The foregoing appropriation item 195-665, Research and Development, shall be used to provide for research and development purposes, including loans, under Chapter 166. and particularly sections 166.17 to 166.21 of the Revised Code.
Section 263.20.75. TRANSFER FROM THE LOW- AND MODERATE-INCOME HOUSING TRUST FUND TO THE RESIDENTIAL STATE SUPPLEMENT FUND
Notwithstanding Chapter 175. of the Revised Code and any other law to the contrary, the Director of Budget and Management shall transfer $1,500,000 cash in fiscal year 2008 and $1,500,000 cash in fiscal year 2009 from the Low- and Moderate-Income Housing Trust Fund (Fund 646) in the Department of Development to the Residential State Supplement Fund (Fund 5CH) in the Department of Mental Health.
Section 263.20.80. FACILITIES ESTABLISHMENT FUND
The foregoing appropriation item 195-615, Facilities
Establishment (Fund 037), shall be used for the purposes of
the
Facilities Establishment Fund under Chapter 166. of the
Revised
Code.
Notwithstanding Chapter 166. of the Revised Code, an amount not to exceed
$1,800,000 in cash each fiscal year may be
transferred from the
Facilities
Establishment Fund (Fund 037) to the Economic
Development
Financing Operating Fund (Fund 451). The transfer is
subject
to
Controlling Board approval under division (B) of section
166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, an amount not to exceed
$5,475,000 in cash each fiscal year may
be transferred during the biennium from the
Facilities Establishment Fund
(Fund 037) to the Urban
Redevelopment Loans Fund (Fund 5D2) for the purpose of
removing
barriers to urban core redevelopment. The Director of Development
shall develop program guidelines for the transfer and release of
funds,
including, but not limited to, the completion of all
appropriate
environmental assessments before state assistance is
committed to a project. The transfers shall be subject to approval by the Controlling Board upon the submission of a request by the Department of Development.
Notwithstanding Chapter 166. of the Revised Code, an amount not to exceed
$3,000,000 in cash each fiscal year
may be
transferred from the
Facilities
Establishment
Fund (Fund 037) to the Rural
Industrial
Park Loan Fund (Fund
4Z6).
The transfer is subject to Controlling
Board
approval under
section 166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, of the foregoing appropriation item 195-615, Facilities Establishment, $1,500,000 in fiscal year 2008 shall be used for business development by any current or future port authority located in Clark County.
Notwithstanding Chapter 166. of the Revised Code, on July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management, at the request of the Director of Development, shall transfer $5,719,325 cash from the Facilities Establishment Fund (Fund 037) to the General Revenue Fund. Of the amount to be transferred, $5,352,500 in fiscal year 2008 is hereby appropriated in appropriation item 195-412, Rapid Outreach Grants, and $366,825 in fiscal year 2008 is hereby appropriated in appropriation item 195-434, Investment in Training Grants.
Notwithstanding Chapter 166. of the Revised Code, on July 1, 2008, or as soon as possible thereafter, the Director of Budget and Management, at the request of the Director of Development, shall transfer $6,102,500 cash from the Facilities Establishment Fund (Fund 037) to the General Revenue Fund. The amount transferred is hereby appropriated in appropriation item 195-412, Rapid Outreach Grants, for fiscal year 2009.
Notwithstanding Chapter 166. of the Revised Code, on the first day of July of each year of the biennium, or as soon as possible thereafter, the Director of Budget and Management, at the request of the Director of Development, shall transfer $4,275,000 cash from the Facilities Establishment Fund (Fund 037) to the Job Development Initiatives Fund (Fund 5AD). The amount transferred is hereby appropriated in each fiscal year in appropriation item 195-677, Economic Development Contingency.
Notwithstanding Chapter 166. of the Revised Code, of the foregoing appropriation item 195-615, Facilities Establishment, $1,500,000 in fiscal year 2008 shall be used for the City of Toledo's Marina District Development project. Disbursement of funds for this purpose shall not take precedence over any existing obligations from the Facilities Establishment Fund or any other provision in this section.
ALTERNATIVE FUEL TRANSPORTATION GRANT FUND
Notwithstanding Chapter 166. of the Revised Code, an amount not to exceed
$1,000,000 in cash each fiscal year shall be
transferred from moneys in
the Facilities
Establishment Fund (Fund 037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG) in the Department of Development.
RURAL DEVELOPMENT INITIATIVE FUND
(A)(1) The Rural Development Initiative Fund (Fund 5S8) is entitled to
receive moneys from the Facilities Establishment Fund (Fund 037). The
Director of Development may make grants from the Rural Development Initiative Fund as specified
in division (A)(2) of this section to eligible applicants in
Appalachian counties and in rural counties in the state that are
designated as distressed under section 122.25 of the Revised
Code. Preference shall be given to eligible applicants located in
Appalachian counties designated as distressed by the federal
Appalachian Regional Commission. The Rural Development Initiative Fund (Fund 5S8) shall cease to exist
after June 30, 2009. All moneys remaining in the Fund after that
date shall revert to the Facilities Establishment Fund (Fund 037).
(2) The Director of Development shall make grants from the
Rural Development Initiative Fund (Fund 5S8) only to eligible applicants who
also qualify for and receive funding under the Rural Industrial
Park Loan Program as specified in sections 122.23 to 122.27 of the
Revised Code. Eligible applicants shall use the grants for the
purposes specified in section 122.24 of the Revised Code. All
projects supported by grants from the fund are subject to Chapter
4115. of the Revised Code as specified in division (E) of section
166.02 of the Revised Code. The Director shall develop program
guidelines for the transfer and release of funds. The release of
grant moneys to an eligible applicant is subject to Controlling
Board approval.
(B) Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer an amount not to exceed $3,000,000
in cash each fiscal year on an as-needed basis at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 037) to the Rural Development Initiative
Fund (Fund 5S8).
The transfer is subject to Controlling Board
approval under
section 166.03 of the Revised Code.
CAPITAL ACCESS LOAN PROGRAM
The foregoing appropriation item 195-628, Capital Access
Loan
Program, shall be used for operating, program, and
administrative
expenses of the program. Funds of the Capital
Access Loan
Program shall be used to assist participating
financial
institutions in making program loans to eligible
businesses that
face barriers in accessing working capital and
obtaining fixed-asset financing.
Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer an amount not to exceed $3,000,000
in cash each fiscal year on an as-needed basis at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 037) to the Capital Access Loan Program
Fund (Fund 5S9).
The
transfer is subject to Controlling Board
approval under
section 166.03 of the Revised Code.
Section 263.20.90. CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 195-663, Clean Ohio Operating, shall be used by the Department of Development in administering sections 122.65 to 122.658 of the Revised Code.
The foregoing appropriation item 195-686, Third Frontier Operating, shall be used for operating expenses incurred by the Department of Development in administering sections 184.10 to 184.20 of the Revised Code.
THIRD FRONTIER RESEARCH & DEVELOPMENT PROJECTS AND RESEARCH & DEVELOPMENT TAXABLE BOND PROJECTS
The foregoing appropriation items 195-687, Third Frontier Research & Development Projects, and 195-692, Research & Development Taxable Bond Projects, shall be used by the Department of Development to fund selected projects pursuant to sections 184.10 to 184.20 of the Revised Code. These projects are designated as costs of research and development projects to which the proceeds of the Third Frontier Research and Development Fund (Fund 011) and the Research & Development Taxable Bond Project Fund (Fund 014) are to be applied.
Notwithstanding sections 184.10 to 184.20 of the Revised Code, up to $8,600,000 in fiscal year 2008 from appropriation item 195-687, Third Frontier Research and Development Projects, and appropriation item 195-692, Research & Development Taxable Bond Projects, shall be used by the Office of Information Technology, in partnership with the Ohio Supercomputer Center's OSCnet, to acquire the equipment and services necessary to migrate state agencies' network to the existing OSCnet network backbone. This state network shall be known as the NextGen Network.
Notwithstanding sections 184.10 to 184.20 of the Revised Code, up to $20,000,000 in fiscal year 2009 from the total of the amounts in appropriation items 195-687, Third Frontier Research & Development Projects, and 195-692, Research & Development Taxable Bond Projects, shall be used to fund the Ohio Research Scholars Program in the Board of Regents pursuant to sections 3333.60 to 3333.70 of the Revised Code.
Notwithstanding sections 184.10 to 184.20 of the Revised Code, at the direction of the Director of Budget and Management up to $18,000,000 in each fiscal year from appropriation item 195-687, Third Frontier Research & Development Projects, and appropriation item 195-692, Research & Development Taxable Bond Projects, shall be used to fund the Research Incentive Program in the Board of Regents.
On or before June 30, 2008, any unencumbered balances of the foregoing appropriation items 195-687, Third Frontier Research & Development Projects, and 195-692, Research & Development Taxable Bond Projects, for fiscal year 2008 are hereby appropriated for the same purposes for fiscal year 2009.
AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS
The Ohio Public Facilities Commission, upon request of the Department of Development, is hereby authorized to issue and sell, in accordance with Section 2p of Article VIII, Ohio Constitution, and particularly sections 151.01 and 151.10 of the Revised Code, original obligations of the State of Ohio in an aggregate amount not to exceed $150,000,000. The authorized obligations shall be issued and sold from time to time and in amounts necessary to ensure sufficient moneys to the credit of the Third Frontier Research & Development Fund (Fund 011) to pay costs of research and development projects.
The foregoing appropriation item 195-688, Job Ready Site Operating, shall be used for operating expenses incurred by the Department of Development in administering sections 122.085 to 122.0820 of the Revised Code. Operating expenses include, but are not limited to, certain expenses of the District Public Works Integrating Committees, audit and accountability activities, and costs associated with formal certifications verifying that site infrastructure is in place and is functional.
Section 263.30.10. UNCLAIMED FUNDS TRANSFER
(A) Notwithstanding division (A) of section 169.05 of the Revised Code, upon the request of the Director of Budget and Management, the Director of Commerce, prior to June 30, 2008, shall transfer to the Job Development Initiatives Fund (Fund 5AD) an amount not to exceed $5,000,000 in cash of the unclaimed funds that have been reported by the holders of unclaimed funds under section 169.05 of the Revised Code, regardless of the allocation of the unclaimed funds described under that section.
Notwithstanding division (A) of section 169.05 of the Revised Code, upon the request of the Director of Budget and Management, the Director of Commerce, prior to June 30, 2009, shall transfer to the Job Development Initiatives Fund (Fund 5AD) an amount not to exceed $24,400,000 in cash of the unclaimed funds that have been reported by the holders of unclaimed funds under section 169.05 of the Revised Code, regardless of the allocation of the unclaimed funds described under that section.
(B) Notwithstanding division (A) of section 169.05 of the Revised Code, upon the request of the Director of Budget and Management, the Director of Commerce, prior to June 30, 2008, shall transfer to the State Special Projects Fund (Fund 4F2) an amount not to exceed $2,500,000 of the unclaimed funds that have been reported by the holders of unclaimed funds under section 169.05 of the Revised Code, regardless of the allocation of the unclaimed funds described under that section.
Notwithstanding division (A) of section 169.05 of the Revised Code, upon the request of the Director of Budget and Management, the Director of Commerce, prior to June 30, 2009, shall transfer to the State Special Projects Fund (Fund 4F2) an amount not to exceed $2,500,000 in cash of the unclaimed funds that have been reported by the holders of unclaimed funds under section 169.05 of the Revised Code, regardless of the allocation of the unclaimed funds described under that section.
Section 263.30.20. WORKFORCE DEVELOPMENT
The Director of Development and the Director of Job and Family Services may enter into one or more interagency agreements between the two departments, hire staff, transfer staff, assign duties to staff, enter into contracts, transfer assets, and take other actions the directors consider necessary to provide services and assistance as necessary to integrate workforce development into a larger economic development strategy, to implement the recommendations of the Workforce Policy Board, and to perform activities related to the transition of the administration of employment programs identified by the board. Subject to the approval of the Director of Budget and Management, the Department of Development and the Department of Job and Family Services may expend funds to support the recommendations of the Workforce Policy Board in the area of integration of employment functions as described in this paragraph and to provide implementation and transition activities from the appropriations to those departments.
Section 263.30.30. COMMISSION ON THE FUTURE OF HEALTH CARE EDUCATION AND PHYSICIAN RETENTION IN NW OH
(A) Whereas, There is a physician shortage, particularly in certain specialties, that is predicted to worsen within the next decade; and
Whereas, This shortage may worsen as a result of, among other factors, fewer than ten per cent of new graduates from the University of Toledo who choose to continue their training in northwest Ohio; and
Whereas, Many of the problems confronting physician training at the graduate medical education level are already manifest in northwest Ohio; and
Whereas, It is prudent to examine the physician shortage using northwest Ohio as a microcosm for the entire state of Ohio; now therefore be it
Resolved by the Ohio General Assembly that there is hereby created the Commission on the Future of Health Care Education and Physician Retention in NW OH.
(B) The Commission shall be composed of the following members:
(1) Six representatives of health care providers in northwest Ohio, none of whom shall be from the same organization;
(2) Six representatives of the health care profession in northwest Ohio, composed of the following individuals:
(a) One from the College of Medicine at the University of Toledo;
(b) One from the northwest Ohio chapter of the Ohio Nurses Association;
(c) One from the Academy of Medicine of Toledo and Lucas County;
(d) One from the Northwest Ohio Pediatric Society;
(e) One geriatric medicine physician; and
(f) One osteopathic physician affiliated with Ohio University College of Osteopathic Medicine.
(3) Three representatives from northwest Ohio business and labor organizations, composed of the following individuals:
(a) One from the Toledo Area Regional Chamber of Commerce;
(b) One from the labor community of northwest Ohio; and
(c) One from the health insurance industry.
(4) Three representatives of health care consumers in northwest Ohio, none of whom shall be currently employed or affiliated with a health system or health insurer.
(5) Nine representatives of state and local government, composed of the following individuals:
(a) Two members of the Ohio House of Representatives, one from the minority party and one from the majority party;
(b) Two members of the Ohio Senate, one from the minority party and one from the majority party;
(c) One township trustee of northwest Ohio;
(d) Two representatives of northwest Ohio municipal corporations, only one of whom shall be from the City of Toledo;
(e) Two representatives of county commissioners, only one of whom shall be from Lucas County.
(C) Members of the committee shall be appointed as follows:
(1) For those members described in divisions (B)(1) and (2) of this section, two each by the Governor, the Speaker of the House of Representatives, and the President of the Senate;
(2) For those members described in divisions (B)(3) and (4) of this section, one each by the Governor, the Speaker of the House of Representatives, and the President of the Senate;
(3) For those members described in division (B)(5), three each by the Governor, the Speaker of the House of Representatives, and the President of the Senate.
(D) Members of the Commission shall be appointed not later than 30 days after the effective date of this section and shall first meet not later than 30 days after all appointments have been made. At its first meeting, the commission shall elect from among its members who are members of the Senate and House of Representatives a chairperson and vice-chairperson.
Members of the commission shall serve without compensation, but may solicit on behalf of the Commission public and private funds to defray any costs of the Commission. The Commission shall meet at the call of the chairperson to conduct its official business. A majority of members shall constitute a quorum and a quorum shall be necessary to conduct any activities of the Commission.
(E) The Toledo Community Foundation or a similar organization shall provide meeting space and administrative support for the Commission. The Ohio Board of Regents shall serve as a resource to the Commission.
(F) The Commission shall prepare a report that examines and makes recommendations regarding the graduate medical education system in northwest Ohio, including:
(1) Ways to increase the number and retention of medical graduates in northwest Ohio;
(2) The status of the health care workforce in northwest Ohio;
(3) The role of the University of Toledo in the health care education of the surrounding region;
(4) Potential changes in federal and state statutes and rules regarding Medicaid support of graduate medical education; and
(5) Policy initiatives that the Governor and General Assembly may consider to strengthen graduate medical education opportunities and physician retention in northwest Ohio.
(G) The Commission shall, not later than nine months after the effective date of this section, submit to the Governor and General Assembly the report and recommendations prepared under division (F) of this section. On submission of the report, the Commission shall cease to exist.
Section 265.10. OBD OHIO BOARD OF DIETETICS
General Services Fund Group
4K9 |
860-609 |
|
Operating Expenses |
|
$ |
342,501 |
|
$ |
348,964 |
TOTAL GSF General Services Fund |
|
|
|
|
|
|
Group |
|
$ |
342,501 |
|
$ |
348,964 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
342,501 |
|
$ |
348,964 |
Section 267.10. CDR COMMISSION ON DISPUTE RESOLUTION AND CONFLICT MANAGEMENT
GRF |
145-401 |
|
Commission Operations |
|
$ |
455,123 |
|
$ |
460,000 |
TOTAL GRF General Revenue Fund |
|
$ |
455,123 |
|
$ |
460,000 |
General Services Fund Group
4B6 |
145-601 |
|
Dispute Resolution Programs |
|
$ |
140,000 |
|
$ |
140,000 |
TOTAL GSF General Services Fund Group |
|
$ |
140,000 |
|
$ |
140,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
595,123 |
|
$ |
600,000 |
Section 269.10. EDU DEPARTMENT OF EDUCATION
GRF |
200-100 |
|
Personal Services |
|
$ |
11,533,494 |
|
$ |
12,110,169 |
GRF |
200-320 |
|
Maintenance and Equipment |
|
$ |
4,549,479 |
|
$ |
4,778,203 |
GRF |
200-408 |
|
Early Childhood Education |
|
$ |
31,002,195 |
|
$ |
36,502,195 |
GRF |
200-410 |
|
Educator Training |
|
$ |
19,628,817 |
|
$ |
20,628,817 |
GRF |
200-416 |
|
Career-Technical Education Match |
|
$ |
2,233,195 |
|
$ |
2,233,195 |
GRF |
200-420 |
|
Computer/Application/ Network Development |
|
$ |
5,536,362 |
|
$ |
5,793,700 |
GRF |
200-421 |
|
Alternative Education Programs |
|
$ |
14,910,665 |
|
$ |
12,910,665 |
GRF |
200-422 |
|
School Management Assistance |
|
$ |
3,360,572 |
|
$ |
3,375,572 |
GRF |
200-424 |
|
Policy Analysis |
|
$ |
556,687 |
|
$ |
556,687 |
GRF |
200-425 |
|
Tech Prep Consortia Support |
|
$ |
2,069,217 |
|
$ |
2,069,217 |
GRF |
200-426 |
|
Ohio Educational Computer Network |
|
$ |
30,446,197 |
|
$ |
30,446,197 |
GRF |
200-427 |
|
Academic Standards |
|
$ |
7,197,730 |
|
$ |
7,197,730 |
GRF |
200-431 |
|
School Improvement Initiatives |
|
$ |
21,589,235 |
|
$ |
21,924,235 |
GRF |
200-433 |
|
Literacy Improvement-Professional Development |
|
$ |
15,765,000 |
|
$ |
15,765,000 |
GRF |
200-437 |
|
Student Assessment |
|
$ |
77,150,819 |
|
$ |
76,387,144 |
GRF |
200-439 |
|
Accountability/Report Cards |
|
$ |
7,096,040 |
|
$ |
8,223,540 |
GRF |
200-442 |
|
Child Care Licensing |
|
$ |
1,302,495 |
|
$ |
1,302,495 |
GRF |
200-446 |
|
Education Management Information System |
|
$ |
16,110,510 |
|
$ |
16,586,082 |
GRF |
200-447 |
|
GED Testing |
|
$ |
1,544,360 |
|
$ |
1,544,360 |
GRF |
200-448 |
|
Educator Preparation |
|
$ |
1,301,000 |
|
$ |
1,301,000 |
GRF |
200-455 |
|
Community Schools |
|
$ |
1,533,661 |
|
$ |
1,533,661 |
GRF |
200-457 |
|
STEM Initiatives |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
GRF |
200-502 |
|
Pupil Transportation |
|
$ |
424,783,117 |
|
$ |
429,030,948 |
GRF |
200-503 |
|
Bus Purchase
Allowance |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
GRF |
200-505 |
|
School Lunch Match |
|
$ |
8,998,025 |
|
$ |
8,998,025 |
GRF |
200-509 |
|
Adult Literacy Education |
|
$ |
8,669,738 |
|
$ |
8,669,738 |
GRF |
200-511 |
|
Auxiliary Services |
|
$ |
131,740,457 |
|
$ |
135,692,670 |
GRF |
200-514 |
|
Postsecondary Adult Career-Technical Education |
|
$ |
19,481,875 |
|
$ |
19,481,875 |
GRF |
200-521 |
|
Gifted Pupil Program |
|
$ |
47,608,030 |
|
$ |
48,008,613 |
GRF |
200-532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
59,810,517 |
|
$ |
61,604,832 |
GRF |
200-536 |
|
Ohio Core Support |
|
$ |
7,700,000 |
|
$ |
15,125,000 |
GRF |
200-540 |
|
Special Education Enhancements |
|
$ |
138,619,945 |
|
$ |
139,756,839 |
GRF |
200-545 |
|
Career-Technical Education Enhancements |
|
$ |
9,298,651 |
|
$ |
9,373,926 |
GRF |
200-550 |
|
Foundation Funding |
|
$ |
5,761,699,328 |
|
$ |
6,034,943,246 |
GRF |
200-566 |
|
Literacy Improvement-Classroom Grants |
|
$ |
12,062,336 |
|
$ |
12,062,336 |
GRF |
200-578 |
|
Violence Prevention and School Safety |
|
$ |
1,218,555 |
|
$ |
1,218,555 |
GRF |
200-901 |
|
Property Tax Allocation - Education |
|
$ |
794,583,404 |
|
$ |
850,868,654 |
GRF |
200-906 |
|
Tangible Tax Exemption - Education |
|
$ |
21,415,244 |
|
$ |
10,707,622 |
TOTAL GRF General Revenue Fund |
|
$ |
7,748,106,952 |
|
$ |
8,092,712,743 |
General Services Fund Group
138 |
200-606 |
|
Computer Services-Operational Support |
|
$ |
7,600,091 |
|
$ |
7,600,091 |
4D1 |
200-602 |
|
Ohio Prevention/Education Resource Center |
|
$ |
832,000 |
|
$ |
832,000 |
4L2 |
200-681 |
|
Teacher Certification and Licensure |
|
$ |
5,966,032 |
|
$ |
6,323,994 |
452 |
200-638 |
|
Miscellaneous Educational Services |
|
$ |
273,166 |
|
$ |
279,992 |
5H3 |
200-687 |
|
School District Solvency Assistance |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
596 |
200-656 |
|
Ohio Career Information System |
|
$ |
529,761 |
|
$ |
529,761 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
33,201,050 |
|
$ |
33,565,838 |
Federal Special Revenue Fund Group
3AF |
200-603 |
|
Schools Medicaid Administrative Claims |
|
$ |
486,000 |
|
$ |
639,000 |
3BK |
200-628 |
|
Longitudinal Data Systems |
|
$ |
1,795,570 |
|
$ |
307,050 |
3BV |
200-636 |
|
Character Education |
|
$ |
700,000 |
|
$ |
700,000 |
3CF |
200-644 |
|
Foreign Language Assistance |
|
$ |
85,000 |
|
$ |
285,000 |
3CG |
200-646 |
|
Teacher Incentive Fund |
|
$ |
6,552,263 |
|
$ |
3,994,338 |
3C5 |
200-661 |
|
Early Childhood Education |
|
$ |
18,989,779 |
|
$ |
18,989,779 |
3D1 |
200-664 |
|
Drug Free Schools |
|
$ |
13,347,966 |
|
$ |
13,347,966 |
3D2 |
200-667 |
|
Honors Scholarship Program |
|
$ |
6,573,968 |
|
$ |
6,665,000 |
3H9 |
200-605 |
|
Head Start Collaboration Project |
|
$ |
275,000 |
|
$ |
275,000 |
3L6 |
200-617 |
|
Federal School Lunch |
|
$ |
244,714,211 |
|
$ |
249,903,970 |
3L7 |
200-618 |
|
Federal School Breakfast |
|
$ |
63,927,606 |
|
$ |
69,041,814 |
3L8 |
200-619 |
|
Child/Adult Food Programs |
|
$ |
69,280,946 |
|
$ |
70,691,653 |
3L9 |
200-621 |
|
Career-Technical Education Basic Grant |
|
$ |
48,029,701 |
|
$ |
48,029,701 |
3M0 |
200-623 |
|
ESEA Title 1A |
|
$ |
415,000,000 |
|
$ |
420,000,000 |
3M1 |
200-678 |
|
Innovative Education |
|
$ |
5,369,100 |
|
$ |
5,363,706 |
3M2 |
200-680 |
|
Individuals with Disabilities Education Act |
|
$ |
500,000,000 |
|
$ |
405,000,000 |
3S2 |
200-641 |
|
Education Technology |
|
$ |
10,000,000 |
|
$ |
5,000,000 |
3T4 |
200-613 |
|
Public Charter Schools |
|
$ |
13,850,827 |
|
$ |
14,212,922 |
3Y2 |
200-688 |
|
21st Century Community Learning Centers |
|
$ |
30,681,554 |
|
$ |
30,681,554 |
3Y4 |
200-632 |
|
Reading First |
|
$ |
35,215,798 |
|
$ |
31,215,798 |
3Y6 |
200-635 |
|
Improving Teacher Quality |
|
$ |
102,692,685 |
|
$ |
102,698,246 |
3Y7 |
200-689 |
|
English Language Acquisition |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
3Y8 |
200-639 |
|
Rural and Low Income Technical Assistance |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
3Z2 |
200-690 |
|
State
Assessments |
|
$ |
12,883,799 |
|
$ |
12,883,799 |
3Z3 |
200-645 |
|
Consolidated Federal Grant Administration |
|
$ |
8,500,000 |
|
$ |
8,500,000 |
309 |
200-601 |
|
Educationally Disadvantaged Programs |
|
$ |
12,750,000 |
|
$ |
8,750,000 |
366 |
200-604 |
|
Adult
Basic Education |
|
$ |
19,425,000 |
|
$ |
20,396,250 |
367 |
200-607 |
|
School Food Services |
|
$ |
5,849,748 |
|
$ |
6,088,737 |
368 |
200-614 |
|
Veterans' Training |
|
$ |
710,373 |
|
$ |
745,892 |
369 |
200-616 |
|
Career-Technical Education Federal Enhancement |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
370 |
200-624 |
|
Education of Exceptional Children |
|
$ |
1,811,520 |
|
$ |
575,454 |
374 |
200-647 |
|
Troops to Teachers |
|
$ |
100,000 |
|
$ |
100,000 |
378 |
200-660 |
|
Learn and Serve |
|
$ |
1,561,954 |
|
$ |
1,561,954 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,665,660,368 |
|
$ |
1,571,144,583 |
State Special Revenue Fund Group
4R7 |
200-695 |
|
Indirect Operational Support |
|
$ |
5,449,748 |
|
$ |
5,810,464 |
4V7 |
200-633 |
|
Interagency Operational Support |
|
$ |
392,100 |
|
$ |
376,423 |
454 |
200-610 |
|
Guidance and Testing |
|
$ |
400,000 |
|
$ |
400,000 |
455 |
200-608 |
|
Commodity Foods |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
5BB |
200-696 |
|
State Action for Education Leadership |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
5BJ |
200-626 |
|
Half-Mill Maintenance Equalization |
|
$ |
10,700,000 |
|
$ |
10,700,000 |
5U2 |
200-685 |
|
National Education Statistics |
|
$ |
300,000 |
|
$ |
300,000 |
5W2 |
200-663 |
|
Early Learning Initiative |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
598 |
200-659 |
|
Auxiliary Services Reimbursement |
|
$ |
1,328,910 |
|
$ |
1,328,910 |
620 |
200-615 |
|
Educational Improvement Grants |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
49,020,758 |
|
$ |
49,365,797 |
Lottery Profits Education Fund Group
017 |
200-612 |
|
Foundation Funding |
|
$ |
635,198,000 |
|
$ |
667,900,000 |
017 |
200-682 |
|
Lease Rental Payment Reimbursement |
|
$ |
22,702,000 |
|
$ |
0 |
TOTAL LPE Lottery Profits |
|
|
|
|
|
|
Education Fund Group |
|
$ |
657,900,000 |
|
$ |
667,900,000 |
Revenue Distribution Fund Group
047 |
200-909 |
|
School District Property Tax Replacement-Business |
|
$ |
611,596,856 |
|
$ |
763,316,819 |
053 |
200-900 |
|
School District Property Tax Replacement-Utility |
|
$ |
91,123,523 |
|
$ |
91,123,523 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
702,720,379 |
|
$ |
854,440,342 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,856,609,507 |
|
$ |
11,269,129,303 |
Section 269.10.10. PERSONAL SERVICES
The foregoing appropriation item 200-100, Personal Services, may be used to pay fees for the Department's membership in the Education Commission of the States, an interstate nonprofit, nonpartisan organization that supports states with the development of education policy.
Of the foregoing appropriation item 200-100, Personal Services, up to $25,000 may be expended in each fiscal year for the State Board of Education to pay for outside professionals to help inform the Board on topics of education policy.
Section 269.10.20. EARLY CHILDHOOD EDUCATION
The Department of Education shall distribute the foregoing
appropriation item
200-408, Early Childhood Education,
to pay the costs of early childhood education
programs.
(A) As used in this section:
(1) "Provider" means a
city, local, exempted village, or joint
vocational school district,
or an educational
service center.
(2) In the case of a city, local, or exempted village school district, "new eligible provider" means a district that is eligible for poverty-based assistance under section 3317.029 of the Revised Code.
(3) "Eligible child" means a child who is at least three years of age, is not of the age to be eligible for kindergarten, and whose family earns not more than two hundred per cent of the federal poverty guidelines.
(B) In each fiscal year, up to two per cent of the
total
appropriation may be used by the Department for
program support and technical assistance. The Department shall distribute the remainder of the appropriation in each fiscal year to serve eligible children.
(C) The Department
shall provide an annual report to the
Governor, the Speaker of the
House of Representatives, and the
President of the Senate and post the report to the Department's web site, regarding early childhood education programs operated under this section and the early learning program guidelines for school readiness.
(D) After setting aside the amounts to make payments due from the previous fiscal year, in fiscal year 2008, the Department shall distribute funds first to recipients of funds for early childhood education programs under Section 206.09.06 of Am. Sub. H.B. 66 of the 126th General Assembly in the previous fiscal year and the balance to new eligible providers of early childhood education programs under this section. However, the total amount of funds distributed in fiscal year 2008 to all providers that received funds for early childhood education programs in fiscal year 2007 shall not exceed $18,622,151, unless the number of new eligible providers that notifies the Department of their interest in establishing early childhood education programs is insufficient to expend all available funding. In that case, the Department may direct available funding to providers that received funds for early childhood education programs in fiscal year 2007 for purposes of program expansion, improvement, or special projects to promote quality and innovation.
After setting aside the amounts to make payments due from the previous fiscal year, in fiscal year 2009, the Department shall distribute funds first to providers of early childhood education programs under this section in the previous fiscal year and the balance to new eligible providers. However, the total amount of funds distributed in fiscal year 2009 to all providers that received funds for early childhood education programs in fiscal year 2007 shall not exceed $18,622,151, unless the number of providers that received funding in fiscal year 2008 and new eligible providers that notify the Department of their interest in establishing early childhood education programs is insufficient to expend all available funding. In that case, the Department may direct available funding to providers that received funds for early childhood education programs in fiscal year 2007 or 2008 for purposes of program expansion, improvement, or special projects to promote quality and innovation.
In each of fiscal years 2008 and 2009, if funding is insufficient to serve all new eligible providers that notify the Department of their interest in establishing early childhood education programs, the Department shall determine which of those providers will receive funds using a selection process that first gives preference to providers that, as of March 15, 2007, did not offer early childhood education programs, but that had offered early childhood education programs or public preschool programs for some time after June 30, 2000, and second to providers that demonstrate a need for early childhood education programs, as determined by the Department. Demonstration of need shall include having higher rates of eligible children to be served.
Awards under this section shall be distributed on a per-pupil basis, and in accordance with division (H) of this section. The Department may adjust the per-pupil amount so that the per-pupil amount multiplied by the number of eligible children enrolled and receiving services, as defined by the Department, reported on the first day of December or the first business day following that date equals the amount allocated under this section.
(E) Costs for developing and administering an early childhood education
program
may not exceed fifteen per cent of the total approved
costs of the
program.
All providers shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved provider
for purposes provided in the program unless, as described in division (J) of this section, the program waives its right for funding or a program's funding is eliminated or reduced due to its inability to meet financial or early learning program guidelines for school readiness. The approved provider
shall
administer and use such property and funds for the purposes
specified.
(F) The Department may examine a provider's financial and program records. If the financial practices of the program are not in accordance with standard accounting principles or do not meet financial standards outlined under division (E) of this section, or if the program fails to substantially meet the early learning program guidelines for school readiness or exhibits below average performance as measured against the guidelines, the early childhood education program shall propose and implement a corrective action plan that has been approved by the Department. The approved corrective action plan shall be signed by the chief executive officer and the executive of the official governing body of the provider. The corrective action plan shall include a schedule for monitoring by the Department. Such monitoring may include monthly reports, inspections, a timeline for correction of deficiencies, and technical assistance to be provided by the Department or obtained by the early childhood education program. The Department may withhold funding pending corrective action. If an early childhood education program fails to satisfactorily complete a corrective action plan, the Department may deny expansion funding to the program or withdraw all or part of the funding to the program and establish a new eligible provider through a selection process established by the Department.
(G) Each early childhood education program shall do all of the following:
(1) Meet teacher qualification requirements prescribed by section 3301.311 of the Revised Code;
(2) Align curriculum to the early learning content standards;
(3) Meet any assessment requirements prescribed by section 3301.0715 of the Revised Code that are applicable to the program;
(4) Require teachers, except teachers enrolled and working to obtain a degree pursuant to section 3301.311 of the Revised Code, to attend a minimum of twenty hours every two years of professional development as prescribed by the Department regarding the implementation of early learning program guidelines for school readiness;
(5) Document and report child progress;
(6) Meet and report compliance with the early learning program guidelines for school readiness;
(7) Participate in early language and literacy classroom observation evaluation studies.
(H) This division applies only to early childhood education programs established on or after March 15, 2007.
Per-pupil funding for programs subject to this division shall be sufficient to provide eligible children with services for one-half of the statewide average length of the school day, as determined by the Department, for one hundred eighty-two days each school year. Nothing in this section shall be construed to prohibit program providers from utilizing other funds to serve eligible children in programs that exceed the statewide average length of the school day or that exceed one hundred eighty-two days in a school year.
(I) Each provider shall develop a sliding fee scale
based on family
incomes and shall charge families
who earn more than the
federal poverty guidelines for the early childhood education program.
(J) If an early childhood education program voluntarily waives its right for funding, or has its funding eliminated for not meeting financial standards or the early learning program guidelines for school readiness, the provider shall transfer control of title to property, equipment, and remaining supplies obtained through the program to providers designated by the Department and return any unexpended funds to the Department along with any reports prescribed by the Department. The funding made available from a program that waives its right for funding or has its funding eliminated or reduced may be used by the Department for new grant awards or expansion grants. The Department may award new grants or expansion grants to eligible providers who apply. The eligible providers who apply must do so in accordance with the selection process established by the Department.
(K) As used in this section, "early learning program guidelines for school readiness" means the guidelines established by the Department pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B. 66 of the 126th General Assembly.
Section 269.10.30. EDUCATOR TRAINING
The foregoing appropriation item 200-410, Educator Training, shall be used to fund professional development programs in Ohio. The Department of Education shall, when possible, incorporate cultural competency as a component of professional development and actively promote the development of cultural competency in the operation of its professional development programs. As used in this section, "cultural competency" has the meaning specified by the Educator Standards Board under section 3319.61 of the Revised Code.
Of the foregoing appropriation item 200-410, Educator Training, up to $9,250,000 in fiscal year 2008 and up to $10,250,000 in fiscal year 2009 shall be used by the Department of Education to provide grants to pay $2,225 of the application fee in order to assist teachers from public and chartered nonpublic schools applying for the first time to the National Board for Professional Teaching Standards for professional teaching certificates or licenses that the board offers. These moneys shall be used
to pay up to the first 400
applications in each fiscal year received
by the Department. This set aside shall also be used to recognize and reward
teachers who become certified
by the National Board for Professional Teaching Standards under section 3319.55 of the
Revised Code. Up to $300,000 in each fiscal year of this set aside may be used by the Department to pay for costs associated with activities to support candidates through the application and certification process. Up to $39,500 of this set aside in each fiscal year may be used to support the application fee for candidates participating in the Take One program for beginning teachers in years two and three.
Of the foregoing appropriation item 200-410, Educator Training, up to
$9,515,817 in each fiscal year shall be allocated for entry year teacher
and principal programs.
These funds shall be used to support mentoring services and performance assessments of beginning teachers and principals in school districts and chartered nonpublic schools.
Of the foregoing appropriation item 200-410, Educator Training, up to $200,000 in each fiscal year shall be used to provide technical assistance and grants for districts to develop local knowledge/skills-based compensation systems. Each district receiving grants shall issue an annual report to the Department of Education detailing the use of the funds and the impact of the system developed by the district.
Of the foregoing appropriation item 200-410, Educator Training, up to $350,000 in each fiscal year shall be used for training and professional development of school administrators, school treasurers, and school business officials.
Of the foregoing appropriation item 200-410, Educator Training, up to $63,000 in each fiscal year shall be used to support the Ohio University Leadership Program.
Of the foregoing appropriation item 200-410, Educator Training, $250,000 in each fiscal year shall be used to support the Ohio School Leadership Institute.
Section 269.10.40. CAREER-TECHNICAL EDUCATION MATCH
The foregoing appropriation item 200-416, Career-Technical Education Match, shall be used by the Department of Education to provide vocational administration matching funds under 20 U.S.C. 2311.
COMPUTER/APPLICATION/NETWORK DEVELOPMENT
The foregoing appropriation item 200-420, Computer/Application/Network
Development, shall be used to support the development and
implementation of information technology solutions
designed to
improve the performance
and services of the Department of
Education. Funds may be used for personnel, maintenance, and
equipment costs related to the development and implementation of
these technical system projects.
Implementation of these systems
shall allow the Department to
provide greater levels of assistance
to school districts and to provide more timely information
to the
public, including school districts, administrators, and
legislators. Funds may also be used to support data-driven decision-making and differentiated instruction, as well as to communicate academic content standards and curriculum models to schools through web-based applications.
Section 269.10.50. ALTERNATIVE EDUCATION PROGRAMS
There is hereby created the Alternative Education
Advisory
Council, which shall consist of one representative
from each of
the following agencies: the Ohio Department of
Education; the
Department of Youth
Services; the Ohio Department of Alcohol
and
Drug Addiction Services; the
Department of Mental Health; the
Office of
the Governor or, at the Governor's discretion, the
Office of the Lieutenant Governor; the
Office of the Attorney
General; and the Office of the Auditor
of State.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $6,227,310 in each fiscal year
shall be used
for the renewal of successful implementation grants
and for
competitive matching grants to the 21 urban school
districts as
defined in division (O) of section 3317.02 of the
Revised Code as
it
existed prior to July 1, 1998, and up to $6,161,074 in each fiscal
year shall be used for the renewal
of successful implementation grants and for competitive
matching grants to rural and suburban
school districts for
alternative educational programs for existing
and new
at-risk and
delinquent youth. Programs shall be focused
on youth in one or
more of the following categories: those who
have been expelled or
suspended,
those who have dropped out of
school or who are at risk
of dropping out of
school, those who are
habitually truant or
disruptive, or those on probation
or on
parole from a Department
of Youth Services
facility. Grants shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs in which
the grant will not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $322,281 in each fiscal year may
be used
for program
administration, monitoring, technical assistance,
support,
research, and evaluation. Any unexpended balance may be
used to
provide
additional matching grants to urban, suburban, or
rural
school districts as
outlined above.
Of the foregoing appropriation item 200-421, Alternative Education Programs, $100,000 in each fiscal year shall be used to support the Toledo Tech Academy. Of this amount, $25,000 in each fiscal year shall be used by the Toledo Tech Academy to enhance and establish For Inspiration and Recognition in Science and Technology programs. (F.I.R.S.T.)
Of the foregoing appropriation item 200-421, Alternative Education Programs, $2,000,000 in fiscal year 2008 shall be used to support Improved Solutions for Urban Students (ISUS) in Dayton/Sinclair Youth Initiative.
Of the foregoing appropriation item 200-421, Alternative Education Programs, $100,000 in each fiscal year shall be provided to the Cincinnati Arts and Technology Center to increase program support for high-risk teens and unemployed urban adults.
Section 269.10.60. SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, up to $1,715,000 in each fiscal year shall be used by the Auditor of State in consultation with the Department of Education for expenses incurred in the Auditor of State's role relating to
fiscal caution, fiscal watch, and fiscal emergency activities as defined in Chapter 3316. of the
Revised Code and may also be used to conduct performance audits with priority given to districts in fiscal distress. Expenses include duties related to the completion of
performance audits for school districts that the Superintendent of
Public Instruction determines are employing fiscal practices or
experiencing budgetary conditions that could produce a state of
fiscal watch or fiscal emergency.
Of the foregoing appropriation item 200-422, School Management Assistance, up to $250,000 in each fiscal year shall be used by the Department of Education to work with school districts and entities that serve school districts to develop and deploy analytical tools that allow districts and other stakeholders to analyze more thoroughly district spending patterns in order to promote more effective and efficient use of resources. Quarterly updates of the progress for implementation of these tools shall be provided to the Governor, and the Department shall give due diligence to implementing these tools in the shortest reasonable timeline.
The remainder of foregoing appropriation item 200-422, School
Management
Assistance, shall be used by the Department of
Education to
provide fiscal technical assistance and inservice
education for
school district management personnel
and to
administer, monitor,
and implement the fiscal watch and fiscal
emergency provisions
under Chapter 3316. of the Revised Code.
Section 269.10.70. POLICY ANALYSIS
The foregoing appropriation item 200-424, Policy Analysis,
shall be used by the Department of Education to support a
system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current
trends in education practice, efficient and effective use
of
resources, and evaluation of programs to improve education
results. The database shall
be kept current at all times. These
research efforts shall be used to
supply information and analysis
of data to the General Assembly
and other state policymakers,
including the Office of Budget and
Management and the Legislative
Service
Commission.
The Department of Education may use funding from this
appropriation
item to purchase or contract for the development of
software
systems or contract for policy studies that will assist
in
the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
TECH PREP CONSORTIA SUPPORT
The foregoing appropriation item 200-425, Tech Prep
Consortia Support, shall be used by the Department of Education to
support state-level activities designed to support, promote, and
expand tech prep programs. Use of these funds shall include, but
not be limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia.
Section 269.10.80. OHIO EDUCATIONAL COMPUTER NETWORK
The foregoing appropriation item 200-426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and
to
provide technical assistance for such a system in support of
the
State Education Technology Plan under section 3301.07
of the
Revised Code.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer
Network, up to $18,136,691 in each fiscal year shall be used by the Department of
Education to support connection of
all public school buildings and participating chartered nonpublic schools to
the state's education network, to each other, and to the Internet.
In each fiscal year the Department of Education shall use these
funds to assist information technology centers or school districts
with the operational costs
associated with this connectivity. The
Department
of Education shall develop a formula and guidelines for
the distribution of
these funds to information technology centers or
individual school districts. As used in this section,
"public
school building" means a school building of any city, local,
exempted village, or joint vocational school district, any
community school established under Chapter 3314. of the Revised
Code, any educational service center building used for
instructional purposes, the Ohio School for the Deaf and the Ohio School for the Blind, or high schools chartered by the Ohio Department of Youth Services and high schools operated by Ohio Department of Rehabilitation and Corrections' Ohio Central School System.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, up to $2,469,223 in each fiscal year shall be used for the Union Catalog
and InfOhio Network and to support the provision of electronic resources with priority given to resources that support the teaching of state academic content standards in all public schools. Consideration shall be given by the Department of Education to coordinating the allocation of these moneys with the efforts of Libraries Connect Ohio, whose members include OhioLINK, the Ohio Public Information Network, and the State Library of Ohio.
Of the foregoing appropriation item 200-426, Ohio Educational Computer Network, up to $8,338,468 in each fiscal year shall be used, through a formula and guidelines devised by the
Department, to subsidize the activities of
designated information technology centers, as defined by State Board of
Education rules, to provide school districts and chartered
nonpublic schools with computer-based student and teacher
instructional and administrative information services, including
approved computerized financial accounting, and to ensure the
effective operation of local automated administrative and
instructional systems.
The remainder of appropriation item 200-426, Ohio Educational Computer Network, shall be used to support development, maintenance, and operation of a network of uniform and compatible computer-based information and instructional systems. This technical assistance shall include, but not be restricted to, development and maintenance of adequate computer software systems to support network activities. In order to improve the efficiency of network activities, the
Department and information technology centers may jointly purchase
equipment, materials, and services from funds provided under this
appropriation for use by the network and, when considered
practical by the Department, may utilize the services of
appropriate state purchasing agencies.
Section 269.10.90. ACADEMIC STANDARDS
Of the foregoing appropriation item 200-427, Academic Standards, $150,000 in each fiscal year shall be used by the Department in combination with funding earmarked for this purpose in the Board of Regents' budget under appropriation item 235-321, Operating Expenses. Such funding shall be used to support Ohio's Partnership for Continued Learning at the direction of the Office of the Governor. Ohio's Partnership for Continued Learning replaces and broadens the former Joint Council of the Department of Education and the Board of Regents. The Partnership shall advise and make recommendations to promote collaboration among relevant state entities in an effort to help local communities develop coherent and successful "P-16" learning systems. The Governor, or the Governor's designee, shall serve as the chairperson.
Of the foregoing appropriation item 200-427, Academic Standards, $1,000,000 in each fiscal year shall be used for Project Lead the Way leadership and management oversight and initial and continuing support of Project Lead the Way workforce development programs in participating school districts.
Of the foregoing appropriation item 200-427, Academic Standards, $50,000 in each fiscal year shall be provided to the Art Academy of Cincinnati to support technology needs for the annual operation of its undergraduate, graduate, and noncredit programs and for administrative staff support.
The remainder of appropriation item 200-427, Academic Standards,
shall be used by the Department of Education to develop, revise, and
communicate to school districts academic content standards and curriculum models. The Department may also use the remainder to develop program models that demonstrate how the academic content standards can be implemented in high school classrooms and to offer online continuing education courses. The Department of Education may also use the remainder to support the coordination of Physical Education standards.
Section 269.20.10. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $450,000 in each fiscal year shall be used for Ohio's Rural Appalachian Leadership Development Initiative.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $601,165 in each fiscal year shall be used by the Department of Education to support educational media centers to provide Ohio public schools with instructional resources and services, with priority given to resources and services aligned with state academic content standards.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives,
up to $10,387,835 in each fiscal year shall be
used to support districts in the development and implementation of their continuous improvement plans as
required in
section 3302.04 of the Revised Code and to provide technical assistance and support in accordance with Title I of the "No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. This funding shall serve as a supplement to the funds provided under division (K) of section 3317.029 of the Revised Code, which represents state support for school improvement initiatives that assist school districts in closing the achievement gap.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $236,250 in each fiscal year shall be used to reduce the dropout rate by addressing the academic and social problems of inner-city students through Project GRAD.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $7,988,985 in fiscal year 2008 and up to $8,323,985 in fiscal year 2009 shall be used to redesign high schools and improve urban schools. This funding may be used for a pilot program in partnership with nonprofit groups with expertise in converting existing large urban high schools into small, personalized high schools. Districts eligible for such pilot funding include the Urban 21 high schools, as defined in division (O) of section 3317.02 of the Revised Code as it existed prior to July 1, 1998. The funding may also be used for administrative costs to redesign high schools and improve urban schools and in conjunction with funding provided in the Board of Regents' budget under appropriation item 235-434, College Readiness and Access, to create early college high schools, which are small, autonomous schools that blend high school and college into a coherent educational program. The funds for early college high schools shall be distributed according to guidelines established by the Department of Education and the Board of Regents.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $75,000 in each fiscal year shall be provided to Southern State Community College for the Pilot Post-Secondary Enrollment Options Program with Miami Trace High School.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $1,000,000 in each fiscal year shall be used to support Jobs for Ohio Graduates (JOG). The Department of Education shall require a two-to-one match of local funding to state funding before releasing these funds to JOG.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, up to $600,000 in each fiscal year shall be used by the Department of Education to support start-up costs for gaining business and industry credentialing program accreditation and to support the development of a data collection system across the numerous industry test providers. Funds shall also be used to help subsidize the cost of student participation in industry assessments, provide research on industry assessments for alignment to industry-established content standards, provide professional development opportunities for educators, and prepare schools and adult centers to organize for credential alignment and delivery.
Of the foregoing appropriation item 200-431, School Improvement Initiatives, $250,000 in each fiscal year shall be used to support Amer-I-Can.
Section 269.20.20. LITERACY IMPROVEMENT-PROFESSIONAL DEVELOPMENT
Of the foregoing appropriation item 200-433, Literacy
Improvement-Professional Development, up to $9,540,000 in each fiscal year shall be used
for educator training in literacy for classroom teachers,
administrators, and literacy specialists.
Of the foregoing appropriation item 200-433, Literacy Improvement-Professional Development, up to $5,000,000 in each fiscal year shall be used to support literacy professional development partnerships between the Department of Education, higher education institutions, literacy networks, and school districts.
Of the foregoing appropriation item 200-433, Literacy Improvement - Professional Development, up to $900,000 in each fiscal year shall be used by the Department of Education to fund the Reading Recovery Training Network, to cover the cost of release time for the teacher trainers, and to provide grants to districts to implement other reading improvement programs on a pilot basis. Funds from this set-aside also may be used to conduct evaluations of the impact and effectiveness of Reading Recovery and other reading improvement programs.
Of the foregoing appropriation item 200-433, Literacy Improvement-Professional Development, $100,000 in each fiscal year shall be provided to the Contemporary Arts Center for art education for children and a children's museum.
The remainder of appropriation item 200-433, Literacy Improvement-Professional Development, shall be used by the Department of Education to provide administrative support of literacy professional development programs. Upon approval of the Controlling Board, the Department may also use the remainder to contract with an external evaluator on the effectiveness of literacy professional development initiatives in the academic achievement of students.
Of the foregoing appropriation item 200-437, Student Assessment, up to $207,364 in fiscal year 2008 and up to $212,486 in fiscal year 2009 may be used to support the assessments required under section 3301.0715 of the Revised Code.
The remainder of appropriation item 200-437, Student
Assessment,
shall be used to develop, field test, print,
distribute, score,
report results, and support other associated costs for the tests required
under sections
3301.0710 and 3301.0711 of
the Revised Code and for similar
purposes as required by section
3301.27 of the Revised Code. If funds remain in this appropriation after these purposes have been fulfilled, the Department may use the remainder of the appropriation to develop end-of-course exams.
Section 269.20.30. ACCOUNTABILITY/REPORT CARDS
Of the foregoing appropriation item 200-439, Accountability/Report Cards, up to $3,028,540 in each fiscal year shall be used to train district and regional specialists and district educators in the use of the value-added progress dimension and in the use of data as it relates to improving student achievement. This funding shall be used in consultation with a credible nonprofit organization with expertise in value-added progress dimensions.
The remainder of appropriation item 200-439, Accountability/Report Cards, shall be used by the Department to incorporate a statewide pilot value-added progress dimension into performance ratings for school districts and for the development of an accountability system that includes the preparation and distribution of school report cards under section 3302.03 of the Revised Code.
The foregoing appropriation item 200-442, Child Care
Licensing, shall be used
by the Department of Education to license
and to inspect preschool and
school-age child care programs under sections 3301.52 to 3301.59
of the Revised Code.
Section 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200-446, Education
Management
Information System, shall be used by the Department of
Education to
improve the
Education Management
Information System (EMIS).
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $1,338,620 in fiscal year 2008 and up to $1,372,085 in fiscal year 2009
shall be distributed
to designated information technology centers for costs relating to
processing, storing,
and transferring data for the effective
operation of the
EMIS. These costs may include, but are not
limited to,
personnel, hardware, software development,
communications
connectivity, professional development, and support
services, and
to provide services to participate in the State
Education
Technology Plan pursuant to section 3301.07 of the
Revised Code.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $8,256,569 in fiscal year 2008 and up to $8,462,984 in fiscal year 2009 shall be distributed on a per-pupil basis
to school districts, community schools established under Chapter
3314. of the Revised Code, educational service centers, joint
vocational school districts, and any other education entity that reports data through EMIS. From
this
funding, each school district or community school established
under Chapter 3314. of the Revised Code with enrollment greater
than 100
students and each vocational school district shall
receive a
minimum of $5,000 in each fiscal year. Each
school
district or community school established under Chapter
3314. of the Revised Code with enrollment between one and one
hundred and each
educational service center and each county board of
MR/DD that submits data through EMIS shall receive $3,000 in each fiscal
year. This subsidy shall be used for costs relating to reporting, processing, storing, transferring, and exchanging data necessary to meet requirements of the Department of Education's data system.
The remainder of appropriation item 200-446, Education Management Information System, shall be used to develop and support a common core of data definitions and standards as adopted by the Education Management Information System Advisory Board, including the ongoing development and maintenance of the data dictionary and data warehouse. In addition, such funds shall be used to support the development and implementation of data standards and the design, development, and implementation of a new data exchange system.
Any provider of software meeting the standards approved by the Education Management Information System Advisory Board shall be designated as an approved vendor and may enter into contracts with local school districts, community schools, information technology centers, or other educational entities for the purpose of collecting and managing data required under Ohio's education management information system (EMIS) laws. On an annual basis, the Department of Education shall convene an advisory group of school districts, community schools, and other education-related entities to review the Education Management Information System data definitions and data format standards. The advisory group shall recommend changes and enhancements based upon surveys of its members, education agencies in other states, and current industry practices, to reflect best practices, align with federal initiatives, and meet the needs of school districts.
School districts and community schools not implementing a common and uniform set of data definitions and data format standards for Education Management Information System purposes shall have all EMIS funding withheld until they are in compliance.
Section 269.20.50. GED TESTING
The foregoing appropriation item 200-447, GED Testing, shall be used to provide General Educational
Development (GED) testing at no cost to applicants,
under
rules adopted by the State Board of Education. The Department
of
Education shall reimburse school districts and community schools,
created
under Chapter 3314. of the Revised Code,
for
a portion of the costs incurred in providing summer instructional
or
intervention services to students who have not graduated because of
their
inability to pass one or more parts of the state's Ohio Graduation Test or ninth
grade proficiency
test. School districts shall also provide such
services to students who are
residents of the district under
section 3313.64 of the Revised Code, but
who are enrolled in
chartered, nonpublic schools. The services shall be
provided in
the public school, in nonpublic schools, in public centers, or in
mobile units located on or off the nonpublic school premises. No
school
district shall provide summer instructional or intervention
services to
nonpublic school students as authorized by this
section unless such services
are available to students attending
the public schools within the district.
No school district shall
provide services for use in religious courses,
devotional
exercises, religious training, or any other religious activity.
Chartered, nonpublic schools shall pay for any unreimbursed costs
incurred by school districts for providing summer instruction or
intervention services to
students enrolled in chartered, nonpublic
schools. School
districts may provide these services to students
directly or
contract with postsecondary or nonprofit
community-based institutions in
providing instruction.
Section 269.20.60. EDUCATOR PREPARATION
Of the foregoing appropriation item 200-448, Educator Preparation, $100,000 in each fiscal year shall be provided in conjunction with funding in the Board of Regents' budget under appropriation item 235-435, Teacher Improvement Initiatives, to the Teacher Quality Partnership Project. The Teacher Quality Partnership is a research consortium of Ohio's fifty colleges and universities providing teacher preparation programs. Funds shall be used to support a comprehensive longitudinal study of the preparation, in-school support, and effectiveness of Ohio teachers.
The remainder of appropriation item 200-448, Educator Preparation, may be used by the Department to support the Educator Standards Board under section 3319.61 of the Revised Code as it develops and recommends to the State Board of Education standards for educator training and standards for teacher and other school leadership positions. Any remaining funds may be used by the Department to develop alternative preparation programs for school leaders.
Section 269.20.70. COMMUNITY SCHOOLS
Of the foregoing appropriation item 200-455, Community
Schools, up
to $1,308,661 in each fiscal year may be used by the Department of Education for additional
services and responsibilities under section 3314.11 of the Revised
Code.
Of the foregoing appropriation item 200-455, Community Schools, up to $225,000 in each fiscal year may be used by the Department of Education for developing and conducting training sessions for sponsors and prospective sponsors of community schools as prescribed in division (A)(1) of section 3314.015 of the Revised Code. In developing the training sessions, the Department shall collect and disseminate examples of best practices used by sponsors of independent charter schools in Ohio and other states.
Of the foregoing appropriation item 200-457, STEM Initiatives, up to $2,783,000 in each fiscal year shall be provided as start-up grants to new STEM schools under the section of this act entitled "AWARD OF STEM INITIATIVES GRANTS."
Of the foregoing appropriation item 200-457, STEM Initiatives, up to $3,500,000 in each fiscal year shall be used to support STEM Programs of Excellence under the section of this act entitled "AWARD OF STEM INITIATIVES GRANTS."
Of the foregoing appropriation item 200-457, STEM Initiatives, $350,000 in each fiscal year shall be used to support the Young Buckeye STEM Scholars After School and Summer Program designed by the Ohio Academy of Science.
Of the foregoing appropriation item 200-457, STEM Initiatives, up to $2,600,000 in each fiscal year shall be used for mathematics initiatives that include, but are not limited to, intensive teacher professional development institutes that focus on classroom implementation of the mathematics standards.
Of the foregoing appropriation item 200-457, STEM Initiatives, $200,000 in each fiscal year may be used to support the Ohio Resource Center for Math and Science.
Of the foregoing appropriation item 200-457, STEM Initiatives, up to $282,000 in each fiscal year shall be used for the JASON Expedition project that provides statewide access to JASON Expedition content. Funds shall be used to provide professional development training for teachers participating in the project, statewide management, and a seventy-five per cent subsidy for statewide licensing of JASON Expedition content with priority given to content aligned with state academic content standards for approximately 90,000 middle school students statewide.
Of the foregoing appropriation item 200-457, STEM Initiatives, $285,000 in each fiscal year shall be used for science initiatives that include, but are not limited to, the Ohio Science Institute (OSCI).
Section 269.20.75. AWARD OF STEM INITIATIVES GRANTS
(A) As used in this section:
(1) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(2) "STEM" is an abbreviation for science, technology, engineering, and mathematics.
(B) The Partnership for Continued Learning shall prescribe criteria for awarding start-up grants to new STEM schools and grants to support STEM programs of excellence. The criteria for each type of grant shall include the maximum number of grants, minimum and maximum amounts of the grants, and minimum standards for the schools and programs receiving the grants.
(C) The Department of Education, in consultation with the Ohio Board of Regents, the Chancellor of the Board, and the Partnership for Continued Learning, and in accordance with the criteria prescribed under division (B) of this section, shall award start-up grants for new STEM schools and grants for STEM programs of excellence.
(D) Start-up grants for new STEM schools shall be awarded to school districts, including joint vocational school districts, educational service centers, community schools, or consortiums of school districts, educational service centers, or community schools, for schools that are not in operation prior to receiving the grant and that will serve only students above grade six. To be considered for an award, the applicant shall demonstrate to the Department's satisfaction that the school meets at least the following standards:
(1) The new STEM school will not base student admission on intellectual ability or measures of achievement, aptitude, or ability.
(2) The new STEM school will offer a rigorous and diverse curriculum that is based on scientific inquiry and scientific design, features the arts and humanities, and emphasizes personalized learning and teamwork skills, and the goal of which is to prepare students for college, the work force, and citizenship.
(3) The new STEM school will attract school leaders who support the principles of division (D)(2) of this section.
(4) The new STEM school will utilize a knowledge management mechanism for best practices and innovative professional development.
(E) In awarding start-up grants for new STEM schools, the Department shall give preference to proposed new STEM schools that both:
(1) Are developed in collaboration with a regional partnership that includes institutions of higher education, local businesses, and leaders of community organizations and local governments;
(2) Have received commitments of sustained and verifiable fiscal or in-kind support from regional educational and business entities.
(F) A school district, school building operated by a school district, community school, or educational service center may apply for a grant for a STEM program of excellence to serve students in any of grades kindergarten through eight. To be considered for an award, the applicant shall demonstrate to the Department's satisfaction that the program meets at least the following standards:
(1) The program will serve all students enrolled in the district or school in the grades for which the program is designed.
(2) The program will offer a rigorous and diverse curriculum that is based on scientific inquiry and scientific design, that emphasizes personalized learning and teamwork skills, and that will expose students to advanced scientific concepts within and outside the classroom.
(3) The program will include teacher professional development strategies that are augmented by community and business partners.
(G) In awarding grants to support STEM programs of excellence, the Department shall give preference to programs that have received commitments of sustained and verifiable fiscal or in-kind support from regional educational and business entities.
Section 269.20.80. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200-502, Pupil
Transportation, up to $830,624 in fiscal year 2008 and up to $838,930 in fiscal year 2009 may be used by the Department of
Education for training prospective and experienced
school bus
drivers in accordance with training programs
prescribed by the
Department. Up to $59,870,514 in fiscal year 2008 and up to $60,469,220 in fiscal year 2009 may be used by the Department of Education for special education transportation
reimbursements to school districts and county MR/DD boards for transportation operating costs as provided in division (J) of section 3317.024 of the Revised Code. The remainder of appropriation item 200-502,
Pupil Transportation, shall be used for the state reimbursement of
public school districts' costs in transporting pupils to and from
the school they attend in accordance with the district's
policy,
State Board of Education standards, and the Revised Code.
Notwithstanding the distribution formula outlined in division (D) of section 3317.022 of the Revised Code, each school district shall receive an additional one per cent in state funding for transportation in fiscal year 2008 over what was received in fiscal year 2007, and the local share of transportation costs that is used in the calculation of the charge-off supplement under section 3317.0216 of the Revised Code and the excess cost supplement under division (F) of section 3317.022 of the Revised Code for each school district in fiscal year 2008 shall be increased by one per cent from that used in calculations in fiscal year 2007.
Notwithstanding the distribution formula outlined in division (D) of section 3317.022 of the Revised Code, each school district shall receive an additional one per cent in state funding for transportation in fiscal year 2009 over what was received in fiscal year 2008, and the local share of transportation costs that is used in the calculation of the charge-off supplement under section 3317.0216 of the Revised Code and the excess cost supplement under division (F) of section 3317.022 of the Revised Code for each school district in fiscal year 2009 shall be increased by one per cent from that used in calculations in fiscal year 2008.
School districts not receiving state funding for transportation in fiscal year 2005 under division (D) of section 3317.022 of the Revised Code shall not receive state funding for transportation in fiscal year 2008 or fiscal year 2009.
Section 269.20.83. Not later than December 31, 2008, the Department of Education shall complete a study and submit to the General Assembly in accordance with section 101.68 of the Revised Code a report of findings regarding, and legislative and other recommendations for enhancing regional collaboration among school districts, educational service centers, community schools, and nonpublic schools in the provision of pupil transportation. The study shall include the role of educational service centers in providing pupil transportation. In conducting the study, the Department shall consult with the state regional alliance advisory board created by section 3312.11 of the Revised Code.
Section 269.20.90. BUS PURCHASE ALLOWANCE
The foregoing appropriation item 200-503, Bus Purchase
Allowance, shall be distributed to school districts,
educational service
centers, and county MR/DD boards pursuant to
rules adopted under
section 3317.07 of the Revised Code. Up to
28 per cent of the
amount appropriated may be used to reimburse
school districts and
educational service centers for the purchase of buses to
transport
students with disabilities and nonpublic school students and to county MR/DD boards, the Ohio School for the Deaf, and the Ohio School for the Blind for the purchase of buses to transport students with disabilities.
The foregoing appropriation item 200-505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
Section 269.30.10. ADULT LITERACY EDUCATION
The foregoing appropriation item 200-509, Adult Literacy
Education, shall be used to support adult basic and literacy
education instructional programs and the State Literacy Resource
Center Program.
Of the foregoing appropriation item 200-509, Adult
Literacy
Education, up to $488,037 in each fiscal
year shall be used
for the support and operation
of
the State Literacy Resource Center.
Of the foregoing appropriation item 200-509, Adult Literacy Education, up to $175,000 in each fiscal year shall be used for state reimbursement to school districts for adult high school continuing education programs under section 3313.531 of the Revised Code or for costs associated with awarding adult high school diplomas under section 3313.611 of the Revised Code.
Of the foregoing appropriation item 200-509, Adult Literacy Education, $130,000 in each fiscal year shall be used to support initiatives for English as a Second Language programs. Funding shall be distributed as follows: $60,000 in each fiscal year for Jewish Community Federation of Cleveland, $25,000 in each fiscal year for Yassenoff Jewish Community Center of Columbus, $30,000 in each fiscal year for Jewish Family Services of Cincinnati, and $15,000 in each fiscal year for Jewish Family Services of Dayton.
The remainder of the appropriation shall be used to continue to satisfy the
state
match and maintenance of effort requirements for the support and
operation of the
Department of Education-administered
instructional grant program
for adult basic and literacy education
in accordance with the
Department's state plan for adult basic and
literacy education as
approved by the State Board of Education and
the Secretary of the
United States Department of Education.
Section 269.30.20. AUXILIARY SERVICES
The foregoing appropriation item 200-511, Auxiliary
Services,
shall be used by the Department of Education for the
purpose of
implementing section 3317.06 of the Revised Code. Of
the
appropriation, up to $2,060,000 in fiscal year 2008 and up to $2,121,800 in fiscal year 2009 may be used for payment of the
Post-Secondary Enrollment
Options Program for nonpublic students. Notwithstanding section
3365.10 of the Revised Code, the Department, in accordance with Chapter 119. of the Revised Code, shall adopt rules governing the distribution method for these funds.
POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION
Of the foregoing appropriation item 200-514, Postsecondary Adult Career-Technical Education, $40,000 in each fiscal year shall be used for statewide coordination of the activities of the Ohio Young Farmers.
The remainder of appropriation item 200-514, Postsecondary Adult Career-Technical Education, shall be used by the State Board of Education to provide postsecondary adult career-technical education under sections 3313.52 and 3313.53 of the Revised Code.
Section 269.30.30. GIFTED PUPIL PROGRAM
The foregoing appropriation item 200-521, Gifted Pupil
Program, shall be used
for gifted education units not to exceed 1,110 in
each fiscal year under division (L) of section 3317.024 and
division (F) of section
3317.05 of
the Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, up to
$4,747,000 in fiscal year 2008 and up to $4,794,470 in fiscal year 2009 may
be used as an additional
supplement for identifying gifted
students under Chapter 3324. of the
Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, the
Department of Education may expend up to $1,015,858
in fiscal
year 2008 and up to $1,026,017 in fiscal year 2009 for the Summer Honors Institute, including funding for the Martin Essex Program, which shall be awarded through a request for proposals process.
NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT
The foregoing appropriation item 200-532, Nonpublic
Administrative Cost Reimbursement, shall be used by the Department of Education for the purpose of implementing section
3317.063 of the Revised Code.
Section 269.30.40. OHIO CORE SUPPORT
The foregoing appropriation item 200-536, Ohio Core Support, shall be used to support implementation of the Ohio Core Program, which requires establishment of a rigorous high school curriculum for Ohio's high school students. The Department of Education and the Board of Regents shall jointly plan and work collaboratively to guide implementation of the Ohio Core Program and to administer funding to eligible school districts, fiscal agents, individuals, and programs as determined under this section. The Department of Education and the Board of Regents shall jointly agree to the awarding and expenditure of funds appropriated in this section.
Of the foregoing appropriation item 200-536, Ohio Core Support, up to $2,600,000 in fiscal year 2008 and up to $3,000,000 in fiscal year 2009 shall be used to support the participation of teachers licensed in Ohio and mid-career professionals not currently employed by a school district or chartered nonpublic school or licensed to teach at the primary or secondary education levels in a twelve-month intensive training program that leads to teacher licensure in a laboratory-based science, advanced mathematics, or foreign language field at the secondary education level and employment with an Ohio school district school designated by the Department of Education as a hard to staff school.
Of the foregoing appropriation item 200-536, Ohio Core Support, up to $1,500,000 in fiscal year 2008 and up to $2,100,000 in fiscal year 2009 shall be used to support alternative teacher licensure programs developed by educational service centers in partnership with institutions of higher education. Participants shall be teachers licensed in Ohio and mid-career professionals not currently employed by a school district or chartered nonpublic school or licensed to teach at the primary or secondary education levels. Programs shall support teacher licensure in a laboratory-based science, advanced mathematics, or foreign language field at the secondary education level and employment with an Ohio school district school designated by the Department of Education as a hard to staff school. The programs shall be consistent with the State Board of Education's alternative licensure requirements.
Of the foregoing appropriation item 200-536, Ohio Core Support, up to $3,600,000 in each fiscal year shall be distributed to school districts, and to public fiscal agents on behalf of chartered nonpublic schools, to be used to obtain contracted instruction with institutions of higher education in advanced mathematics, laboratory-based science, or foreign language for public and chartered nonpublic high school students that results in dual high school and college credit. Costs shall be based upon reasonable expenses that institutions of higher education could incur for faculty, supplies, and other associated costs.
Of the foregoing appropriation item 200-536, Ohio Core Support, up to $5,675,000 in fiscal year 2009 shall be distributed to public school districts for supplemental post-secondary enrollment option participation. The Partnership for Continued Learning shall make program recommendations by October 31, 2007, to the Department of Education and the Board of Regents to remove school district barriers to participation and improve the quality of course offerings, ensuring that credit earned at institutions of higher education will apply toward high school graduation requirements and associate or baccalaureate degree requirements. Eligibility requirements and grant amounts awarded to school districts in fiscal year 2009 for the program shall be determined by criteria established by the Department of Education in collaboration with the Board of Regents and the Partnership for Continued Learning.
Of the foregoing appropriation item 200-536, Ohio Core Support, $750,000 in fiscal year 2009 shall be used for Advanced Placement (AP) Summer Institutes for one hundred fifty English, social studies, and foreign language teachers and six hundred science and mathematics teachers.
Section 269.30.50. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$2,906,875 in each fiscal year
shall be used for home
instruction
for
children with disabilities; up to
$1,462,500 in each fiscal year
shall be used for parent mentoring programs;
and up
to
$2,783,396
in each fiscal year may be
used
for school psychology interns.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $750,000 in each fiscal year shall be used for the Out of School Initiative of Sinclair Community College.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $200,000 shall be used for a preschool special education pilot program in Bowling Green City School District.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $200,000 in each fiscal year shall be used to support the Bellefaire Jewish Children's Bureau.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to $82,707,558 in fiscal year 2008 and
up to $83,371,505 in fiscal year 2009 shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units under
section 3317.052 of
the Revised Code. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers.
The Department may reimburse county MR/DD boards, educational service centers, and school districts for services provided by instructional assistants, related services as defined in rule 3301-51-11 of the Administrative Code, physical therapy services provided by a licensed physical therapist or a physical therapy assistant who provides services under Chapter 4755. of the Revised Code and Chapter 4755-27 of the Administrative Code and occupational therapy services provided by a licensed occupational therapist or an occupational therapy assistant under the supervision of a licensed occupational therapist as required under Chapter 4755. of the Revised Code and Chapter 4755-7 of the Administrative Code. Nothing in this section authorizes occupational therapy assistants or physical therapy assistants to generate or manage their own caseloads.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using research-based indicators prescribed by the Department and report
results annually. The reporting dates and method shall be
determined by the Department.
Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $400,000 in each fiscal year shall be used for the Collaborative Language and Literacy Instruction Project.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $325,000 in each fiscal year shall be used by the Ohio Center for Autism and Low Incidence to contract with the Delaware-Union Educational Service Center for the provision of autism transition services.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $75,000 in each fiscal year shall be used for Leaf Lake/Geauga Educational Assistance Funding.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $650,000 in each fiscal year shall be used to support Project More for one-to-one reading mentoring.
The remainder of appropriation item 200-540, Special
Education Enhancements, shall be used to
fund
special education and related services at
county boards of mental
retardation and developmental disabilities for
eligible students
under section 3317.20 of the
Revised Code and at
institutions for eligible students under section 3317.201 of the Revised Code.
Section 269.30.60. CAREER-TECHNICAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to
$2,509,152 in fiscal year 2008 and up to $2,584,427 in fiscal year 2009 shall
be used to fund career-technical
education grants at
institutions.
Of the foregoing appropriation item 200-545, Career-Technical
Education
Enhancements, up to $2,621,507 in each fiscal year shall be
used by the
Department of Education to fund
competitive grants to
tech prep
consortia that expand the number of students
enrolled in
tech prep
programs. These grant funds shall be used to directly
support
expanded tech prep programs, including equipment, provided
to
students enrolled in
school
districts, including joint
vocational
school districts, and
affiliated higher education
institutions.
Of the foregoing appropriation item
200-545, Career-Technical
Education Enhancements, up to $3,401,000 in each fiscal year shall
be
used by the Department of Education to
support
existing High Schools That Work
(HSTW) sites,
develop and support new
sites,
fund technical assistance, and
support regional
centers and
middle
school programs. The purpose
of HSTW is to
combine
challenging
academic courses and modern
career-technical
studies to
raise the academic achievement
of students.
HSTW provides
intensive
technical assistance, focused
staff
development,
targeted
assessment services, and ongoing
communications and
networking
opportunities.
Of the foregoing appropriation item 200-545, Career-Technical Education Enhancements, up to $466,992 in each fiscal year shall be allocated for the Ohio Career Information System (OCIS) and used for the dissemination of career information data to public schools, libraries, rehabilitation centers, two- and four-year colleges and universities, and other governmental units.
Of the foregoing appropriation item 200-545, Career-Technical
Education Enhancements, up to $300,000 in each fiscal year shall be
used by the Department of Education to enable students in
agricultural programs to enroll in a fifth quarter of instruction based on the agricultural education model of delivering work-based
learning through supervised agricultural experience. The
Department of Education shall determine
eligibility criteria and the reporting process for the Agriculture 5th Quarter Project
and shall fund as many programs as possible given the set aside.
Section 269.30.70. FOUNDATION FUNDING
The foregoing appropriation item 200-550, Foundation Funding,
includes $75,000,000 in each fiscal year for the state education
aid offset due to the change in public utility valuation as a
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd
General Assembly. This amount represents the total state
education aid offset due to the valuation change for school
districts and joint vocational school districts from all relevant appropriation
line item sources. Upon certification by the
Department of Education, in consultation with the Department of Taxation, to the Director of Budget and
Management of the actual state aid offset, the cash transfer from Fund 053, appropriation item 200-900, School District Property Tax Replacement - Utility, shall be decreased or increased by the Director of Budget and Management to match the certification in accordance with section 5727.84 of the Revised Code.
The foregoing appropriation item 200-550, Foundation Funding, includes $58,000,000 in fiscal year 2008 and $145,000,000 in fiscal year 2009 for the state education aid offset because of the changes in tangible personal property valuation as a result of Am. Sub. H.B. 66 of the 126th General Assembly. This amount represents the total state education aid offset because of the valuation change for school districts and joint vocational school districts from all relevant appropriation item sources. Upon certification by the Department of Education of the actual state education aid offset to the Director of Budget and Management, the cash transfer from Fund 047, appropriation item 200-909, School District Property Tax Replacement - Business, shall be decreased or increased by the Director of Budget and Management to match the certification in accordance with section 5751.21 of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation
Funding,
up to $425,000 shall be expended in each fiscal year for
court payments under section 2151.357 of the
Revised Code; an amount shall be available
in each fiscal year to fund up to
225 full-time
equivalent approved GRADS teacher grants under division (N)
of section 3317.024 of the Revised Code; an amount shall be
available in each fiscal year to make
payments to school
districts under division (A)(3) of section 3317.022
of the
Revised Code; an amount shall be available in each fiscal year to
make payments to school districts under division (F) of
section 3317.022 of the Revised Code; and up
to $30,000,000 in
each fiscal year shall be
reserved for
payments under sections 3317.026,
3317.027,
and 3317.028 of
the Revised Code
except that the
Controlling
Board may increase
the $30,000,000
amount if presented
with such a
request from the
Department of
Education.
Of the
foregoing
appropriation item
200-550, Foundation
Funding,
up to
$19,770,000 in fiscal year 2008 and up to $20,545,200 in fiscal year 2009 shall be used to
provide
additional
state aid to school districts for special
education
students under division (C)(3) of section 3317.022
of the
Revised Code, except that the Controlling Board may increase these amounts if presented with such a request from the Department of Education at the final meeting of the fiscal year; up to $2,000,000 in each fiscal year shall
be reserved for Youth Services tuition payments
under
section 3317.024 of the Revised Code; and
up to $52,000,000 in
each fiscal year shall be
reserved to fund the state reimbursement
of educational service centers
under section 3317.11 of the
Revised Code and the section of this act entitled "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be available for special education weighted funding under division (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation Funding, an amount shall be available in each fiscal year to be used by the Department of Education for transitional aid for school districts and joint vocational school districts. Funds shall be distributed under the sections of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" and "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."
Of the foregoing appropriation item 200-550, Foundation
Funding, up
to $1,000,000 in each fiscal year shall be
used by the
Department of Education for a program to pay
for educational
services for youth who have been assigned by a
juvenile court or
other authorized agency to any of the facilities described
in
division (A) of the section of this act entitled "PRIVATE TREATMENT FACILITY PROJECT."
Of the foregoing appropriation item 200-550, Foundation
Funding,
up to
$3,700,000 in each fiscal year
shall be used for school breakfast
programs. Of this amount, up to
$900,000
shall be used in each fiscal
year by the Department of Education to contract with the Children's Hunger Alliance to expand access to child nutrition programs consistent with the organization's continued ability to meet specified performance measures as detailed in the contract. Of this amount, the Children's Hunger Alliance shall use at least $150,000 in each fiscal year to subcontract with an appropriate organization or organizations to expand summer food participation in underserved areas of the state, consistent with those organizations' continued ability to meet specified performance measures as detailed in the subcontracts. The
remainder of
the appropriation shall be used to partially
reimburse
school buildings within school districts that are required to have
a
school breakfast program under section 3313.813 of the
Revised Code, at
a rate decided by the Department.
Of the foregoing appropriation item 200-550, Foundation Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860 in fiscal year 2009 shall be used to operate the school choice program in the Cleveland Municipal School District under sections 3313.974 to 3313.979 of the Revised Code.
Of the portion of the funds distributed to the Cleveland Municipal
School
District under this section, up to
$11,901,887 in each fiscal year shall be used to operate the school
choice program
in the Cleveland Municipal School District under sections
3313.974 to 3313.979 of the Revised Code.
Of the foregoing appropriation item 200-550, Foundation Funding, $3,312,165 in each fiscal year shall be used in conjunction with funding appropriated under appropriation item 200-431, School Improvement Initiatives, to help support districts in the development and implementation of their continuous improvements plans and provide technical assistance and support in accordance with Title I of the No Child Left Behind Act of 2001.
The remaining portion of appropriation item 200-550, Foundation
Funding, shall be
expended for the public
schools of city,
local, exempted village,
and joint vocational school districts,
including base-cost
funding,
special education
speech service enhancement funding,
career-technical
education weight
funding, career-technical
education associated service
funding,
teacher training and experience
funding, charge-off supplement, and excess cost supplement under sections
3317.022, 3317.023, 3317.0216, and
3317.16 of
the Revised Code.
Appropriation items 200-502, Pupil Transportation,
200-521, Gifted Pupil Program,
200-540, Special Education Enhancements, and 200-550, Foundation Funding, other
than specific set-asides, are collectively used in each fiscal year to pay state
formula aid obligations for school districts and joint vocational
school districts under Chapter 3317. of the Revised Code.
The first priority of these appropriation items, with the
exception of specific set-asides, is to fund state formula aid
obligations under Chapter 3317. of the Revised Code. It may be
necessary to reallocate funds among these appropriation items or use excess funds from other general revenue fund appropriation items in the Department of Education's budget in each fiscal year, in
order to meet state formula aid obligations. If it is determined
that it is necessary to transfer funds among these appropriation
items or to transfer funds from other General Revenue Fund appropriations in the Department of Education's budget to meet state formula aid obligations, the Department of
Education shall seek approval from the Controlling Board to
transfer funds as needed.
Section 269.30.80. TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS
(A) The Department of Education shall distribute funds within appropriation item 200-550, Foundation Funding, for transitional aid in each fiscal year to each qualifying city, local, and exempted village school district.
For fiscal years 2008 and 2009, the Department shall pay transitional aid to each city, local, or exempted village school district that experiences any decrease in its SF-3 funding for the current fiscal year from its transitional aid guarantee base for the current fiscal year. The amount of the transitional aid payment shall equal the difference between the district's SF-3 funding for the current fiscal year and its transitional aid guarantee base for the current fiscal year.
(B)(1) Subject to divisions (B)(3) and (C) of this section, the transitional aid guarantee base for each city, local, and exempted village school district for fiscal year 2008 equals the sum of the following as computed for fiscal year 2007, as reconciled by the Department:
(a) Base-cost funding under division (A) of section 3317.022 of the Revised Code;
(b) Special education and related services additional weighted funding under division (C)(1) of section 3317.022 of the Revised Code;
(c) Speech services funding under division (C)(4) of section 3317.022 of the Revised Code;
(d) Vocational education additional weighted funding under division (E) of section 3317.022 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of the Revised Code;
(f) Adjustments for classroom teachers and educational service personnel under divisions (B), (C), and (D) of section 3317.023 of the Revised Code;
(g) Poverty-Based Assistance under section 3317.029 of the Revised Code;
(h) Gifted education units under division (L) of section 3317.024 and section 3317.05 of the Revised Code;
(i) Transportation under Section 206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended;
(j) The excess cost supplement under division (F) of section 3317.022 of the Revised Code;
(k) Parity aid under section 3317.0217 of the Revised Code;
(l) The reappraisal guarantee under division (C) of section 3317.04 of the Revised Code;
(m) The charge-off supplement under section 3317.0216 of the Revised Code;
(n) Transitional aid under Section 206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended.
(2) Subject to divisions (B)(3) and (C) of this section, the transitional aid guarantee base for each city, local, and exempted village school district for fiscal year 2009 equals the sum of the following as computed for fiscal year 2008, as reconciled by the Department:
(a) Base-cost funding under division (A) of section 3317.022 of the Revised Code;
(b) Special education and related services additional weighted funding under division (C)(1) of section 3317.022 of the Revised Code;
(c) Speech services funding under division (C)(4) of section 3317.022 of the Revised Code;
(d) Vocational education additional weighted funding under division (E) of section 3317.022 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of the Revised Code;
(f) Adjustments for classroom teachers and educational service personnel under divisions (B), (C), and (D) of section 3317.023 of the Revised Code;
(g) Gifted education units under division (L) of section 3317.024 and section 3317.05 of the Revised Code;
(h) Transportation under the section of this act entitled "PUPIL TRANSPORTATION";
(i) The excess cost supplement under division (F) of section 3317.022 of the Revised Code;
(j) The charge-off supplement under section 3317.0216 of the Revised Code;
(k) Transitional aid under this section.
(3) The SF-3 funding for each fiscal year for each district is the sum of the amounts specified in divisions (B)(2)(a) to (k) of this section less any general revenue fund spending reductions ordered by the Governor under section 126.05 of the Revised Code.
(C)(1) Notwithstanding any other provision of law to the contrary, only for purposes of this section, for any computation or computed value for previous fiscal years, the Department of Education shall substitute "ADM value" for "formula ADM," as the latter term was defined in law in effect for the fiscal year for which the previous computations were made.
(2) As used in division (C) of this section, "ADM value" means the number of students reported by the entity providing educational services to those students, as follows:
(a) In the case of students receiving educational services from a city, exempted village, or local school district, the number reported under division (B) of section 3317.03 of the Revised Code;
(b) In the case of students receiving educational services from a joint vocational school district, the number reported under division (D)(2) of section 3317.03 of the Revised Code;
(c) In the case of students receiving services from a community school, the number reported by the community school's governing authority under division (B)(2) of section 3314.08 of the Revised Code;
(d) In the case of scholarship students receiving services from a chartered nonpublic school under a scholarship program pursuant to Chapter 3310. of the Revised Code, the number of such students reported by the nonpublic school in accordance with reporting requirements adopted by the Department for purposes of that program.
Section 269.30.90. TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS
(A) The Department of Education shall distribute funds within appropriation item 200-550, Foundation Funding, for transitional aid in each fiscal year to each joint vocational school district that experiences a decrease in its joint vocational funding for the current fiscal year from the previous fiscal year. The Department shall distribute to each such district transitional aid in an amount equal to the decrease in the district's joint vocational funding from the previous fiscal year.
(B)(1) Subject to divisions (B)(2) and (3) of this section, a district's joint vocational funding equals the sum of the following:
(a) Base-cost funding under division (B) of section 3317.16 of the Revised Code;
(b) Special education and related services additional weighted funding under division (D)(1) of section 3317.16 of the Revised Code;
(c) Speech services funding under division (D)(2) of section 3317.16 of the Revised Code;
(d) Vocational education additional weighted funding under division (C) of section 3317.16 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of the Revised Code.
(2) For purposes of calculating transitional aid for fiscal year 2008, a district's fiscal year 2007 joint vocational funding is the sum of the amounts described in divisions (B)(1)(a) to (e) of this section, plus any transitional aid computed for the district under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended, as reconciled by the Department. For purposes of calculating transitional aid for fiscal year 2009, a district's fiscal year 2008 joint vocational funding is the sum of the amounts described in divisions (B)(1)(a) to (e) of this section, plus any transitional aid computed for the district under this section, as reconciled by the Department.
(3) The joint vocational funding for each fiscal year for each district is the sum of the amounts specified in divisions (B)(1)(a) to (e) and (B)(2) of this section less any general revenue fund spending reductions ordered by the Governor under section 126.05 of the Revised Code.
Section 269.40.10. LITERACY IMPROVEMENT-CLASSROOM GRANTS
The foregoing appropriation item 200-566, Literacy Improvement-Classroom
Grants, shall be disbursed by the
Department of Education
to provide reading improvement grants to
public schools
in
city, local, and
exempted village school districts;
community
schools; and
educational service centers serving kindergarten
through twelfth
grade students to help struggling students improve their reading skills, improve reading
outcomes in low-performing schools, and help close achievement gaps.
VIOLENCE PREVENTION AND SCHOOL SAFETY
Of the foregoing appropriation item 200-578, Violence Prevention and School Safety, up to $224,250 in each fiscal year shall be used to fund a safe school center to provide resources for parents and for school and law enforcement personnel.
The remainder of the appropriation shall be distributed based on guidelines developed by the Department of Education to enhance school safety. The guidelines shall provide a list of research-based best practices and programs from which local grantees shall select based on local needs. These practices shall include, but not be limited to, school resource officers and safe and drug free school coordinators and social-emotional development programs.
Section 269.40.20. PROPERTY TAX ALLOCATION
- EDUCATION
The Superintendent of Public Instruction shall not request,
and the Controlling Board shall not approve, the transfer of funds
from appropriation item 200-901, Property Tax
Allocation - Education, to any other appropriation item.
The appropriation item 200-901, Property Tax Allocation -
Education, is appropriated to
pay for the state's costs
incurred
because of the homestead exemption
and the property tax rollback. In
cooperation with the Department
of Taxation, the Department of
Education shall
distribute these
funds directly to the appropriate
school districts of the
state,
notwithstanding sections 321.24 and
323.156 of
the
Revised Code, which provide for payment of the
homestead
exemption and
property tax rollback by the Tax
Commissioner to the
appropriate county
treasurer and the
subsequent redistribution of
these funds to the appropriate
local
taxing districts by the
county auditor.
Appropriation item 200-906, Tangible Tax Exemption -
Education, is appropriated to
pay for the state's costs
incurred because of the tangible personal
property tax exemption required by
division (C)(3) of section
5709.01 of the Revised Code. In
cooperation with
the Department
of Taxation, the Department of
Education shall distribute to
each
county treasurer the total
amount appearing in the notification from the county
treasurer
under division (G) of section
321.24 of the Revised Code, for all
school districts
located in
the county, notwithstanding section 321.24 of
the
Revised Code insofar as it provides
for payment
of the $10,000
tangible personal property tax
exemption by the Tax
Commissioner
to the appropriate county
treasurer for all local taxing
districts
located in the county.
Pursuant to division (G) of section 321.24
of the Revised Code,
the county auditor shall distribute the
amount paid by
the
Department of Education among the appropriate
school districts.
Upon receipt of these amounts, each school district shall
distribute the
amount among the proper funds as if it had been
paid as real or tangible
personal property taxes. Payments for
the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation
items 200-901, Property Tax
Allocation - Education, for the homestead
exemption and the
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property
tax
exemption payments, which are determined to be necessary for
these purposes,
are hereby appropriated.
Section 269.40.30. TEACHER CERTIFICATION AND LICENSURE
The foregoing appropriation item 200-681, Teacher
Certification and Licensure, shall be used by the Department of
Education in
each year of the biennium to administer and support teacher
certification and licensure
activities.
SCHOOL DISTRICT SOLVENCY ASSISTANCE
Of the foregoing appropriation item 200-687, School District
Solvency Assistance, $9,000,000 in each fiscal year shall be
allocated to the School District Shared Resource Account and
$9,000,000 in each fiscal year shall be allocated to the
Catastrophic Expenditures Account. These funds shall be used to
provide assistance and grants to
school
districts to enable them
to remain solvent under section
3316.20
of the Revised Code.
Assistance and grants shall be subject to
approval by the
Controlling Board. Any required reimbursements from
school
districts
for solvency assistance shall be made to the appropriate
account in the School
District Solvency Assistance Fund (Fund 5H3).
Notwithstanding any provision of law to the contrary, upon the request of the Superintendent of Public Instruction, the Director of Budget and Management may make transfers to the School District Solvency Assistance Fund (Fund 5H3) from any Department of Education-administered fund or the General Revenue Fund to maintain sufficient cash balances in the School District Solvency Assistance Fund (Fund 5H3) in fiscal years 2008 and 2009. Any funds transferred are hereby appropriated. The transferred funds may be used by the Department of Education to provide assistance and grants to school districts to enable them to remain solvent and to pay unforeseeable expenses of a temporary or emergency nature that the school district is unable to pay from existing resources. The Director of Budget and Management shall notify the members of the Controlling Board of any such transfers.
Section 269.40.40.
READING FIRST
The foregoing appropriation item 200-632, Reading First, shall be used by school districts to administer federal diagnostic tests as well as other functions permitted by federal statute. Notwithstanding section 3301.079 of the Revised Code, federal diagnostic tests may be recognized as meeting the state diagnostic testing requirements outlined in section 3301.079 of the Revised Code.
HALF-MILL MAINTENANCE EQUALIZATION
The foregoing appropriation item 200-626, Half-Mill Maintenance Equalization, shall be used to make payments pursuant to section 3318.18 of the Revised Code.
Section 269.40.50. START-UP FUNDS
Funds appropriated for the purpose of providing start-up grants to Title IV-A Head Start and Title IV-A Head Start Plus agencies in fiscal year 2004 and fiscal year 2005 for the provision of services to children eligible for Title IV-A services under the Title IV-A Head Start or Title IV-A Head Start Plus programs shall be reimbursed to the General Revenue Fund as follows:
(A) If, for fiscal year 2008, an entity that was a Title IV-A Head Start or Title IV-A Head Start Plus agency will not be an early learning agency or early learning provider, the entity shall repay the entire amount of the start-up grant it received in fiscal year 2004 and fiscal year 2005 not later than June 30, 2009, in accordance with a payment schedule agreed to by the Department of Education.
(B) If an entity that was a Title IV-A Head Start or Title IV-A Head Start Plus agency in fiscal year 2004 or fiscal year 2005 will be an early learning agency or early learning provider in fiscal year 2008 and fiscal year 2009, the entity shall be allowed to retain any amount of the start-up grant it received.
(C) Within ninety days after the effective date of this section, the Title IV-A Head Start agencies, Title IV-A Head Start Plus agencies, and the Department of Education shall determine the repayment schedule for amounts owed under division (A) of this section. These amounts shall be paid to the state not later than June 30, 2009.
(D) If an entity that was a Title IV-A Head Start or Title IV-A Head Start Plus agency in fiscal year 2004 or fiscal year 2005 owed the state any portion of the start-up grant amount during fiscal year 2006 or fiscal year 2007 but failed to repay the entire amount of the obligation by June 30, 2007, the entity shall be given an extension for repayment through June 30, 2009, before any amounts remaining due and payable to the state are referred to the Attorney General for collection under section 131.02 of the Revised Code.
(E) Any Title IV-A Head Start or Title IV-A Head Start Plus start-up grants that are retained by early learning agencies or early learning providers pursuant to this section shall be reimbursed to the General Revenue Fund when the early learning program ceases or is no longer funded from Title IV-A or if an early learning agency's or early learning provider's participation in the early learning program ceases or is terminated.
Section 269.40.60. AUXILIARY SERVICES REIMBURSEMENT
Notwithstanding section 3317.064 of the Revised Code, if the
unobligated cash balance is sufficient, the Treasurer of
State
shall transfer $1,500,000 in fiscal year 2008 within thirty
days
after the effective date of this section, and $1,500,000 in fiscal
year 2009 by August 1, 2008, from the Auxiliary Services
Personnel
Unemployment Compensation Fund to the Department of
Education's
Auxiliary Services Reimbursement Fund (Fund 598).
Section 269.40.70. LOTTERY PROFITS EDUCATION FUND
Appropriation item 200-612, Foundation
Funding (Fund 017),
shall
be used in conjunction with appropriation item
200-550, Foundation
Funding (GRF), to provide payments to school districts
under
Chapter 3317. of
the Revised Code.
The Department of Education, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200-550, Foundation
Funding (GRF), and
appropriation item 200-612, Foundation Funding
(Fund 017). If adjustments to the
monthly
distribution schedule
are
necessary, the Department of
Education shall make such
adjustments with the approval of the
Director of Budget and
Management.
The Director of Budget and Management shall transfer via
intrastate transfer
voucher the
amount appropriated under the
Lottery Profits Education Fund for
appropriation item 200-682,
Lease Rental Payment Reimbursement, to the General
Revenue Fund on
a schedule determined by the director. These funds shall
support
the appropriation item 230-428, Lease
Rental Payments (GRF), of
the
School Facilities
Commission.
Section 269.40.80. LOTTERY PROFITS EDUCATION RESERVE FUND
(A) There is hereby created the Lottery Profits Education
Reserve
Fund (Fund 018) in the State Treasury. Investment earnings
of the Lottery Profits Education Reserve Fund
shall be credited to
the fund. The Superintendent of Public Instruction may certify cash balances exceeding $75,000,000 in the
Lottery
Profits Education
Reserve Fund (Fund 018) to the Director of Budget and Management in June of any given fiscal year. Prior to making the certification, the Superintendent of Public Instruction shall determine whether the funds above the $75,000,000 threshold are needed to help pay for foundation program obligations for that fiscal year under Chapter 3317. of the Revised Code. If those funds are needed for the foundation program, the Superintendent of Public Instruction shall notify and consult with the Director of Budget and Management to determine the amount that may be transferred to the Public School Building Fund (Fund 021). Upon this determination, the Director of Budget and Management shall transfer the amount from the Lottery Profits Education Reserve Fund (Fund 018) to the Public School Building Fund (Fund 021). The amount transferred is hereby appropriated to appropriation item CAP-622, Public School Buildings.
For fiscal years 2008 and 2009, notwithstanding any provisions of law to the contrary, amounts
necessary to
make loans
authorized by
sections 3317.0210, 3317.0211, and
3317.62 of the
Revised Code are hereby appropriated to the Lottery Profits
Education Reserve
Fund (Fund 018). Loan repayments from loans made in previous years shall be deposited to the fund.
(B) On July 15, 2007, or as soon as possible thereafter, the Director of the Ohio Lottery Commission shall certify to the Director of Budget
and
Management the amount by which lottery profit
transfers received by the Lottery Profits Education Fund (Fund 017) exceeded $637,900,000 in
fiscal year 2007.
The Director of Budget and Management shall transfer the amount so certified, plus the cash balance in Fund 017, to the General Revenue Fund to support appropriation item 200-550, Foundation Funding.
(C) On July 15, 2008, or as soon as possible thereafter, the Director of the Ohio Lottery Commission shall certify to the Director of Budget and
Management the amount by which lottery profit
transfers received by the Lottery Profits Education Fund (Fund 017) exceeded $657,900,000 in
fiscal year 2008. The Director of Budget and Management may transfer the amount so certified, plus the cash balance in Fund 017, to the Lottery Profits Education Reserve Fund (Fund 018) or to the General Revenue Fund to support appropriation item 200-550, Foundation Funding.
(D) Any amounts transferred under division (B) or (C) of this section may be made available by the Controlling Board in fiscal years 2008 or 2009, at the request of the Superintendent of Public Instruction, to provide assistance and grants to school districts to enable them to remain solvent and to pay unforeseeable expenses of a temporary or emergency nature that they are unable to pay from existing resources under section 3316.20 of the Revised Code, and to provide payments to school districts under Chapter 3317. of the Revised Code.
Section 269.40.90. GENERAL REVENUE FUND TRANSFERS TO SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 047)
Notwithstanding any provision of law to the contrary, in fiscal year 2008 and fiscal year 2009 the Director of Budget and Management may make temporary transfers between the General Revenue Fund and the School District Property Tax Replacement – Business Fund (Fund 047) in the Department of Education to ensure sufficient balances in the School District Property Tax Replacement - Business Fund (Fund 047) and to replenish the General Revenue Fund for such transfers.
Section 269.50.10. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS
The foregoing appropriation item, 200-909, School District Property Tax Replacement – Business, in Fund 047, shall be used by the Department of Education, in consultation with the Department of Taxation, to make payments to school districts and joint vocational school districts under section 5751.21 of the Revised Code. If it is determined by the Director of Budget and Management that additional appropriations are necessary for this purpose, such amounts are hereby appropriated.
SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY
The foregoing appropriation item 200-900, School District
Property Tax Replacement-Utility, in Fund 053, shall be used by the Department of
Education, in consultation with the Department of Taxation, to
make payments to school districts and joint vocational school
districts under section 5727.85 of the Revised Code.
Section 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING
(A) As used in this section:
(1) "Internet- or computer-based community school" has the same meaning as in section 3314.02 of the Revised Code.
(2) "Service center ADM" has the same meaning as in section 3317.11 of the Revised Code.
(B) Notwithstanding division (F) of section 3317.11 of the
Revised Code, no funds
shall be provided under that division to an educational service
center in either fiscal year for
any pupils of a city or exempted
village school district unless an agreement
to provide services
under section 3313.843 of the Revised Code was entered
into by
January 1, 1997, except that funds shall be provided to an
educational
service center for any pupils of a city school
district if the agreement to
provide services was entered into
within one year of the date upon which such
district changed from
a local school district to a city school district.
(C) Notwithstanding any provision of the Revised Code to the contrary, an educational service center that sponsors a community school under Chapter 3314. of the Revised Code in either fiscal year may include the students of that community school in its service center ADM for purposes of state funding under division (F) of section 3317.11 of the Revised Code, unless the community school is an Internet- or computer-based community school. A service center shall include the community school students in its service center ADM only to the extent that the students are not already so included, and only in accordance with guidelines issued by the Department of Education. If the students of a community school sponsored by an educational service center are included in the service center ADM of another educational service center, those students shall be removed from the service center ADM of the other educational service center and added to the service center ADM of the community school's sponsoring service center. The General Assembly authorizes this procedure as an incentive for educational service centers to take over sponsorship of community schools from the State Board of Education as the State Board's sponsorship is phased out in accordance with Sub. H.B. 364 of the 124th General Assembly. No student of an Internet- or computer-based community school shall be counted in the service center ADM of any educational service center. The Department shall pay educational service centers under division (F) of section 3317.11 of the Revised Code for community school students included in their service center ADMs under this division only if sufficient funds earmarked within appropriation item 200-550, Foundation Funding, for payments under that division remain after first paying for students attributable to their local and client school districts, in accordance with divisions (B) and (D) of this section.
(D) If
insufficient funds are earmarked within appropriation item 200-550, Foundation Funding, for payments under division (F) of section 3317.11 of the Revised Code and division (C) of this section in fiscal year 2008 or fiscal year 2009,
the Department shall prioritize the distribution of the earmarked funds as follows:
(1) The Department shall
first distribute to each
educational service
center the per-student amount specified in division (F) of section 3317.11 of the Revised Code for each student in its
service center
ADM attributable to the local school districts within the service center's territory.
(2) The Department shall distribute the remaining funds in each fiscal year to each educational service center for the students in its service center ADM attributable to each city and
exempted village school district
that had
entered into an
agreement with an educational service
center for that fiscal
year
under section 3313.843 of the Revised
Code by January 1, 1997, up to the per-student amount specified in division (F) of section 3317.11 of the Revised Code. If insufficient funds remain to pay each service center the full amount specified in division (F) of that section for each such student, the Department shall distribute the remaining funds to each service center proportionally, on a per-student basis for each such student, unless that proportional per-student amount exceeds the amount specified in division (F)(1) of that section. In that case, the Department shall distribute the per-student amount specified in division (F)(1) of that section to each service center for each such student and shall distribute the remainder proportionally, on a per-student basis for each such student, to the multi-county service centers described in division (F)(2) of that section.
(3) If the Department has paid each service center under divisions (D)(1) and (2) of this section, the full amount specified in division (F) of section 3317.11 of the Revised Code for each student attributable to its local school districts and its client school districts described in division (D)(2) of this section the Department shall distribute any remaining funds proportionally, on a per-student basis, to each service center that sponsors a community school, other than an Internet- or computer-based community school, for the students included in the service center ADM under division (C) of this section. These payments shall not exceed per student the amount specified in division (F) of section 3317.11 of the Revised Code.
*Section 269.50.40. For the school year commencing July 1,
2007,
or the school year commencing July 1, 2008, or both, the
Superintendent of Public Instruction may waive for the board of
education of any school district the ratio of teachers to pupils
in kindergarten through fourth grade required under paragraph
(A)(3) of rule 3301-35-05 of the Administrative Code if the
following conditions apply:
(A) The board of education requests the waiver.
(B) After the Department of Education conducts an on-site
evaluation of the district related to meeting the required ratio,
the board of education demonstrates to the satisfaction of the
Superintendent of Public Instruction
that providing the facilities
necessary to meet the
required ratio during the district's regular
school hours with
pupils in attendance would impose an extreme
hardship on the
district.
(C) The board of education provides assurances that are
satisfactory to the Superintendent of Public Instruction that the
board will act in good faith to meet the required ratio as soon
as
possible.
Section 269.50.50. PRIVATE TREATMENT FACILITY PROJECT
(A) As used in this section:
(1) The following are
"participating residential treatment
centers":
(a) Private residential treatment facilities that have
entered into a contract with the Department of Youth
Services
to
provide services to children placed at the facility
by the
Department and which, in fiscal year 2008 or fiscal year 2009 or both, the
Department pays through appropriation item 470-401,
Care and
Custody;
(c) Paint Creek, in Bainbridge;
(e) Friars Club, in Cincinnati.
(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.
(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed
in fiscal year 1998,
is the school district required
to pay that tuition.
(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving
an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and
has been
assigned by a juvenile court or other authorized agency
to a
residential treatment facility specified in division (A)
of this
section shall be enrolled in an approved educational program
located
in
or near the facility. Approval of the educational
program shall
be contingent upon compliance with the criteria
established for
such programs by the Department of Education.
The
educational program shall be provided by a
school district or
educational service center, or by the
residential facility itself.
Maximum flexibility shall be given
to the residential treatment
facility to determine the
provider. In the event that a voluntary
agreement cannot be reached and
the residential facility does not
choose to provide the
educational program, the educational service
center in the
county in which the facility is located shall
provide the
educational program at the treatment center to
children under twenty-two years of age residing in the
treatment
center.
(C) Any school district responsible
for tuition for a
residential child shall, notwithstanding any
conflicting provision
of the Revised Code regarding tuition
payment, pay tuition for the
child for fiscal year 2008 and fiscal year 2009 to the education program
provider and in the amount
specified in this division. If there
is no school district
responsible for tuition for a residential
child and if the
participating residential treatment center to
which the child is
assigned is located in the city, exempted
village, or local
school district that, if the child were not a
resident of that
treatment center, would be the school district
where the child
is entitled to attend school under sections
3313.64 and 3313.65
of the Revised Code, that school district, notwithstanding
any conflicting provision of the Revised
Code, shall pay tuition for
the child for fiscal year 2008
and fiscal year 2009 under this division
unless that school district is providing the
educational program
to the child under division (B) of this
section.
A tuition payment under this division shall be made to the
school district, educational service center, or residential
treatment facility providing the educational program to the
child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under
division (A) of
section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education
pursuant to an
individualized education program as defined in
section 3323.01 of the Revised
Code, a payment for excess costs.
This payment shall equal the actual cost to
the school district,
educational service center, or residential treatment
facility of
providing special education and related
services to the student
pursuant to the student's individualized education
program, minus
the tuition paid for the child under division (C)(1) of this
section.
A school district paying tuition under this division shall
not include the
child for whom tuition is paid in the district's
average daily membership
certified under division (A) of section
3317.03 of the Revised Code.
(D) In each of fiscal years 2008 and 2009, the Department of
Education shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential
treatment facility, whichever is providing the
service, that
has demonstrated that it is in compliance with the
funding
criteria for each served child for whom a school district
must pay tuition
under division (C) of this section. The amount
of
the reimbursement
shall be the formula
amount specified in section
3317.022 of the Revised Code, except
that the department shall
proportionately reduce this
reimbursement if sufficient funds are not
available to pay this
amount to all qualified providers.
(E) Funds provided to a school district, educational service
center, or
residential treatment facility under this section shall
be used to supplement, not supplant, funds from other public
sources for
which
the school district, service center, or
residential treatment facility is
entitled or eligible.
(F) The Department of Education shall track the utilization
of funds
provided
to school districts, educational service
centers, and residential treatment
facilities under this section
and monitor the effect of the funding on the
educational programs
they provide in participating residential
treatment facilities.
The department shall monitor the programs for
educational
accountability.
Section 269.50.60. SCHOOL DISTRICT PARTICIPATION IN NATIONAL
ASSESSMENT OF EDUCATION PROGRESS
The General Assembly intends for the Superintendent of Public
Instruction to
provide for school district participation in the
administration of the
National
Assessment of Education Progress in accordance
with section 3301.27 of
the Revised Code. Each school and school district selected for participation by the Superintendent of Public Instruction shall participate.
Section 269.50.70. DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS
FOR STUDENT ASSESSMENT
In fiscal year 2008 and fiscal year 2009, if the Superintendent of Public Instruction determines that additional funds are needed to fully fund the requirements of Am. Sub. H.B. 3 of the 125th General Assembly and this act for assessments of student performance, the Superintendent of Public Instruction may recommend the reallocation of unspent and unencumbered appropriations within the Department of Education to the General Revenue Fund appropriation item 200-437, Student Assessment, to the Director of Budget and Management. If the Director of Budget and Management determines that such a reallocation is required, the Director of Budget and Management may transfer unspent and unencumbered funds within the Department of Education as necessary to appropriation item 200-437, Student Assessment. If these unspent and unencumbered funds are not sufficient to fully fund the assessment requirements in fiscal year 2008 or fiscal year 2009, the Superintendent of Public Instruction may request that the Controlling Board transfer up to $9,000,000 cash from the Lottery Profits Education Reserve Fund (Fund 018) to the General Revenue Fund and appropriate these transferred funds to appropriation item 200-437, Student Assessment.
Section 269.50.80. (A) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the Revised Code.
(2) "SBH student" means a student receiving special education and related services for severe behavior disabilities pursuant to an IEP.
(B) This section applies only to a community school established under Chapter 3314. of the Revised Code that in each of fiscal years 2008 and 2009 enrolls a number of SBH students equal to at least fifty per cent of the total number of students enrolled in the school in the applicable fiscal year.
(C) In addition to any payments made under section 3314.08 of the Revised Code, in each of fiscal years 2008 and 2009, the Department of Education shall pay to a community school to which this section applies a subsidy equal to the difference between the aggregate amount calculated and paid in that fiscal year to the community school for special education and related services additional weighted costs for the SBH students enrolled in the school and the aggregate amount that would have been calculated for the school for special education and related services additional weighted costs for those same students in fiscal year 2001. If the difference is a negative number, the amount of the subsidy shall be zero.
(D) The amount of any subsidy paid to a community school under this section shall not be deducted from the school district in which any of the students enrolled in the community school are entitled to attend school under section 3313.64 or 3313.65 of the Revised Code. The amount of any subsidy paid to a community school under this section shall be paid from funds appropriated to the Department of Education in appropriation item 200-550, Foundation Funding.
Section 269.50.90. EARMARK ACCOUNTABILITY
At the request of the Superintendent of Public Instruction, any entity that receives a budget earmark under the Department of Education shall submit annually to the chairpersons of the committees of the House of Representatives and the Senate primarily concerned with education and to the Department of Education a report that includes a description of the services supported by the funds, a description of the results achieved by those services, an analysis of the effectiveness of the program, and an opinion as to the program's applicability to other school districts. For an earmarked entity that received state funds from an earmark in the prior fiscal year, no funds shall be provided by the Department of Education to an earmarked entity for a fiscal year until its report for the prior fiscal year has been submitted.
Section 269.60.10. No community school established under Chapter 3314. of the Revised Code that was not open for operation as of May 1, 2005, shall operate from a home, as defined in section 3313.64 of the Revised Code.
Section 269.60.30. PLAN TO MOVE ADULT EDUCATION PROGRAMS TO BOARD OF REGENTS
The Board of Regents shall work collaboratively with the Department of Education to identify adult career-technical education programs that shall be transferred to the Board of Regents. The Chancellor of the Board of Regents shall work in consultation with the Department and the various identified programs to develop a plan by July 1, 2008, for the transfer that benefits adult learners by preserving points of access, increasing opportunities, maintaining affordability, and creating a system of uniform quality with the ability to earn credit. The transfer shall be completed by January 1, 2009. The purpose of this programmatic transfer is to better align and maximize the strength and flexibility of the full array of Ohio adult workforce education assets to improve the overall quality of adult education and training program course and training offerings in order to increase the skills and improve the employment prospects of adults.
On or after January 1, 2009, notwithstanding any provision of law to the contrary, the Director of Budget and Management may take the actions described in this section made necessary by the movement of adult career-technical education programs from the Department of Education to the Board of Regents. These actions may include budget changes made necessary by administrative reorganization, program transfers, the creation of new funds, the creation of new appropriation items, and the consolidation of funds. The Director may transfer cash balances between funds as needed. At the request of the Director, the Superintendent of Public Instruction shall certify to the Director an estimate of the amount of the cash balance to be transferred to the receiving fund. The Director may transfer the estimated amount to the Board of Regents when needed to make payments. Not more than thirty days after certifying the estimated amount, the Superintendent of Public Instruction shall certify the final amount to the Director. The Director then shall transfer the difference between any amount previously transferred and the certified final amount. The Director may cancel encumbrances and re-establish encumbrances or parts of encumbrances as needed in the appropriate fund and appropriation item for the same purpose and to the same vendor. The funds necessary to re-establish those encumbrances in a different fund or appropriation item within or between the Board of Regents and the Department of Education are hereby appropriated. The Director shall reduce each year's appropriation balances by the amount of the encumbrances canceled in their respective funds and appropriation items. Any fiscal year 2008 unencumbered or unallocated appropriation balances may be transferred to the appropriate item to be used for the same purposes, as determined by the Director.
Section 269.60.33. The State Board of Education shall initiate rulemaking procedures for the rules for the Special Education Scholarship Pilot Program, required under section 3310.63 of the Revised Code, as enacted by this act, so that those rules are in effect by January 31, 2008.
Section 269.60.36. The Department of Education shall conduct a formative evaluation of the Special Education Scholarship Pilot Program established under sections 3310.51 to 3310.63 of the Revised Code, using both quantitative and qualitative analyses, and shall report its findings to the General Assembly not later than December 31, 2010. In conducting the evaluation, the Department shall to the extent possible gather comments from parents who have been awarded scholarships under the program, school district officials, representatives of registered private providers, educators, and representatives of educational organizations for inclusion in the report required under this section.
Section 269.60.60. UNAUDITABLE COMMUNITY SCHOOL
(A) If the Auditor of State or a public accountant, pursuant to section 117.41 of the Revised Code, declares a community school established under Chapter 3314. of the Revised Code to be unauditable, the Auditor of State shall provide written notification of that declaration to the school, the school's sponsor, and the Department of Education. The Auditor of State also shall post the notification on the Auditor of State's web site.
(B) Notwithstanding any provision to the contrary in Chapter 3314. of the Revised Code or any other provision of law, a sponsor of a community school that is notified by the Auditor of State under division (A) of this section that a community school it sponsors is unauditable shall not enter into contracts with any additional community schools under section 3314.03 of the Revised Code until the Auditor of State or a public accountant has completed a financial audit of that school.
(C) Not later than forty-five days after receiving notification by the Auditor of State under division (A) of this section that a community school is unauditable, the sponsor of the school shall provide a written response to the Auditor of State. The response shall include the following:
(1) An overview of the process the sponsor will use to review and understand the circumstances that led to the community school becoming unauditable;
(2) A plan for providing the Auditor of State with the documentation necessary to complete an audit of the community school and for ensuring that all financial documents are available in the future;
(3) The actions the sponsor will take to ensure that the plan described in division (C)(2) of this section is implemented.
(D) If a community school fails to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition within ninety days after being declared unauditable, the Auditor of State, in addition to requesting legal action under sections 117.41 and 117.42 of the Revised Code, shall notify the Department of the school's failure. If the Auditor of State or a public accountant subsequently is able to complete a financial audit of the school, the Auditor of State shall notify the Department that the audit has been completed.
(E) Notwithstanding any provision to the contrary in Chapter 3314. of the Revised Code or any other provision of law, upon notification by the Auditor of State under division (D) of this section that a community school has failed to make reasonable efforts and continuing progress to bring its accounts, records, files, or reports into an auditable condition following a declaration that the school is unauditable, the Department shall immediately cease all payments to the school under Chapter 3314. of the Revised Code and any other provision of law. Upon subsequent notification from the Auditor of State under that division that the Auditor of State or a public accountant was able to complete a financial audit of the community school, the Department shall release all funds withheld from the school under this section.
Section 269.60.70. Notwithstanding division (B) of section 3317.01 of the Revised Code, no joint vocational school district shall be denied state payments for fiscal year 2008 because the school district's career center was open for instruction during fiscal year 2007 for fewer days than required by sections 3313.48, 3313.481, and 3317.01 of the Revised Code, if the number of days the career center was closed in the 2006-2007 school year in excess of the number of days it is permitted to be closed for a public calamity under division (B) of section 3317.01 of the Revised Code does not exceed the number of days in May 2007 in which the district closed the career center due to fire damage and cancelled instruction to prepare alternate facilities for instruction.
Section 269.60.80. Not later than October 31, 2007, each school district, community school established under Chapter 3314. of the Revised Code, and chartered nonpublic school shall report to the Department of Education, in a manner prescribed by the Department, the number of minutes per week and the number of classes per week of physical education provided to students in each of grades kindergarten through eight in the 2006-2007 school year and scheduled to be provided to students in each of those grades in the 2007-2008 school year.
Section 269.60.90. If a school district erroneously reported data to the Education Management Information System established under section 3301.0714 of the Revised Code that showed a zero per cent graduation rate for the 2005-2006 school year for the district or any building in the district and the district notified the Department of Education of the error not later than June 30, 2007, the Department shall allow the district to report a corrected graduation rate for that school year and shall include the corrected graduation rate on the August 2007 report card issued for the district and any affected building under section 3302.03 of the Revised Code.
Section 269.70.10. (A) Notwithstanding section 3313.41 of the Revised Code, a school district board of education may sell real property that it owns in its corporate capacity directly to a community action agency that operates an early childhood education program within the territory of the school district, in lieu of offering the property for sale at public auction as provided in division (A) of that section, in lieu of offering the property for sale to an entity listed in division (C) of that section, or in lieu of offering the property for sale to a community school as provided in division (G) of that section, as long as all of the following conditions are satisfied:
(1) The district is a "local" school district as described in section 3311.03 of the Revised Code.
(2) The district is a countywide school district in that the district comprises most of the territory of one county and most of the district's territory lies in one county.
(3) The district is abandoning the property because it is acquiring new facilities through one or more state-assisted classroom facilities programs under Chapter 3318. of the Revised Code.
(4) The property is suitable for use by the community action agency for its early childhood education program and for other operations of the agency.
(5) The sale is completed on or before February 29, 2008.
(B) As used in this section, "community action agency" has the same meaning as in section 122.66 of the Revised Code.
Section 271.10. ELC OHIO ELECTIONS COMMISSION
GRF |
051-321 |
|
Operating Expenses |
|
$ |
411,623 |
|
$ |
423,975 |
TOTAL GRF General Revenue Fund |
|
$ |
411,623 |
|
$ |
423,975 |
General Services Fund Group
4P2 |
051-601 |
|
Ohio Elections |
|
|
|
|
|
|
|
|
|
Commission Fund |
|
$ |
255,000 |
|
$ |
255,000 |
TOTAL GSF General Services Fund Group |
|
$ |
255,000 |
|
$ |
255,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
666,623 |
|
$ |
678,975 |
Section 273.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL
DIRECTORS
General Services Fund Group
4K9 |
881-609 |
|
Operating Expenses |
|
$ |
628,641 |
|
$ |
646,602 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
628,641 |
|
$ |
646,602 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
628,641 |
|
$ |
646,602 |
Section 275.10. PAY EMPLOYEE BENEFITS FUNDS
Accrued Leave Liability Fund Group
806 |
995-666 |
|
Accrued Leave Fund |
|
$ |
69,584,560 |
|
$ |
76,038,787 |
807 |
995-667 |
|
Disability Fund |
|
$ |
40,104,713 |
|
$ |
39,309,838 |
TOTAL ALF Accrued Leave Liability |
|
|
|
|
|
|
Fund Group |
|
$ |
109,689,273 |
|
$ |
115,348,625 |
124 |
995-673 |
|
Payroll Deductions |
|
$ |
2,125,000,000 |
|
$ |
2,175,000,000 |
808 |
995-668 |
|
State Employee Health Benefit Fund |
|
$ |
499,240,000 |
|
$ |
550,922,742 |
809 |
995-669 |
|
Dependent Care Spending Account |
|
$ |
2,969,635 |
|
$ |
2,969,635 |
810 |
995-670 |
|
Life Insurance Investment Fund |
|
$ |
2,113,589 |
|
$ |
2,229,834 |
811 |
995-671 |
|
Parental Leave Benefit Fund |
|
$ |
3,994,806 |
|
$ |
4,234,495 |
813 |
995-672 |
|
Health Care Spending Account |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
2,645,318,030 |
|
$ |
2,747,356,706 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,755,007,303 |
|
$ |
2,862,705,331 |
ACCRUED LEAVE LIABILITY FUND
The foregoing appropriation item 995-666, Accrued Leave
Fund,
shall be used to make payments from the Accrued Leave
Liability
Fund (Fund 806), pursuant to section 125.211 of the
Revised Code.
If it is determined by the Director of Budget and
Management that
additional amounts are necessary, the amounts are
appropriated.
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND
The foregoing appropriation item 995-667, Disability Fund,
shall be used to make payments from the State Employee Disability
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the
Revised Code. If it is determined by the Director of Budget and
Management that additional amounts are necessary, the amounts are
appropriated.
The foregoing appropriation item 995-673, Payroll Deductions, shall be used to make payments from the Payroll Withholding Fund (Fund 124). If it is determined by the Director of Budget and Management that additional appropriation amounts are necessary, such amounts are hereby appropriated.
STATE EMPLOYEE HEALTH BENEFIT FUND
The foregoing appropriation item 995-668, State Employee
Health Benefit Fund, shall be used to make payments from the
State
Employee Health Benefit Fund (Fund 808), pursuant to
section
124.87 of the Revised Code. If it is determined by the
Director
of Budget and Management that additional amounts are
necessary,
the amounts are appropriated.
DEPENDENT CARE SPENDING ACCOUNT
The foregoing appropriation item 995-669, Dependent Care
Spending Account, shall be used to make payments from the
Dependent Care Spending Account (Fund 809) to employees eligible
for dependent care expenses. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
LIFE INSURANCE INVESTMENT FUND
The foregoing appropriation item 995-670, Life Insurance
Investment Fund, shall be used to make payments from the Life
Insurance Investment Fund (Fund 810) for the costs and expenses
of
the state's life insurance benefit program pursuant to section
125.212 of the Revised Code. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are appropriated.
PARENTAL LEAVE BENEFIT FUND
The foregoing appropriation item 995-671, Parental Leave
Benefit
Fund, shall be used to make payments from the Parental
Leave
Benefit Fund (Fund 811) to employees eligible for parental
leave
benefits pursuant to section 124.137 of the Revised Code.
If
it
is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are appropriated.
HEALTH CARE SPENDING ACCOUNT
There is hereby established in the State Treasury the Health Care Spending Account Fund (Fund 813). The foregoing appropriation item 995-672, Health Care Spending Account, shall be used to make payments from the fund. The fund shall be under the supervision of the Department of Administrative Services and shall be used to make payments pursuant to state employees' participation in a flexible spending account for non-reimbursed health care expenses and pursuant to Section 125 of the Internal Revenue Code. All income derived from the investment of the fund shall accrue to the fund. If it is determined by the Director of Administrative Services that additional appropriation amounts are necessary, the Director of Administrative Services may request that the Director of Budget and Management increase such amounts. Such amounts are hereby appropriated.
At the request of the Director of Administrative Services, the Director of Budget and Management shall transfer up to $145,000 from the General Revenue Fund to the Health Care Spending Account Fund during fiscal years 2008 and 2009. This cash shall be transferred as needed to provide adequate cash flow for the Health Care Spending Account Fund during fiscal year 2008 and fiscal year 2009. If funds are available at the end of fiscal years 2008 and 2009, the Director of Budget and Management shall transfer cash up to the amount previously transferred in the respective year, plus interest income, back from the Health Care Spending Account (Fund 813) to the General Revenue Fund.
Section 277.10. ERB STATE EMPLOYMENT RELATIONS BOARD
GRF |
125-321 |
|
Operating Expenses |
|
$ |
3,218,803 |
|
$ |
3,355,602 |
TOTAL GRF General Revenue Fund |
|
$ |
3,218,803 |
|
$ |
3,355,602 |
General Services Fund Group
572 |
125-603 |
|
Training and Publications |
|
$ |
75,541 |
|
$ |
75,541 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
75,541 |
|
$ |
75,541 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,294,344 |
|
$ |
3,431,143 |
Section 279.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS
General Services Fund Group
4K9 |
892-609 |
|
Operating Expenses |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
Section 281.10. EPA ENVIRONMENTAL PROTECTION AGENCY
General Services Fund Group
199 |
715-602 |
|
Laboratory Services |
|
$ |
1,158,574 |
|
$ |
1,173,574 |
219 |
715-604 |
|
Central Support Indirect |
|
$ |
16,474,276 |
|
$ |
17,000,962 |
4A1 |
715-640 |
|
Operating Expenses |
|
$ |
3,369,731 |
|
$ |
3,369,731 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
21,002,581 |
|
$ |
21,544,267 |
Federal Special Revenue Fund Group
3BU |
715-684 |
|
Water Quality Protection |
|
$ |
6,515,000 |
|
$ |
6,310,000 |
3F2 |
715-630 |
|
Revolving Loan Fund - Operating |
|
$ |
563,536 |
|
$ |
775,600 |
3F3 |
715-632 |
|
Federally Supported Cleanup and Response |
|
$ |
2,550,000 |
|
$ |
2,550,000 |
3F5 |
715-641 |
|
Nonpoint Source Pollution Management |
|
$ |
7,550,000 |
|
$ |
7,595,000 |
3K4 |
715-634 |
|
DOD Monitoring and Oversight |
|
$ |
858,250 |
|
$ |
898,825 |
3N4 |
715-657 |
|
DOE Monitoring and Oversight |
|
$ |
1,071,678 |
|
$ |
1,110,270 |
3T3 |
715-669 |
|
Drinking Water SRF |
|
$ |
2,843,923 |
|
$ |
2,977,998 |
3V7 |
715-606 |
|
Agencywide Grants |
|
$ |
500,000 |
|
$ |
500,000 |
353 |
715-612 |
|
Public Water Supply |
|
$ |
3,388,619 |
|
$ |
3,388,618 |
354 |
715-614 |
|
Hazardous Waste Management - Federal |
|
$ |
4,203,891 |
|
$ |
4,203,891 |
357 |
715-619 |
|
Air Pollution Control - Federal |
|
$ |
6,823,949 |
|
$ |
6,823,950 |
362 |
715-605 |
|
Underground Injection Control - Federal |
|
$ |
111,874 |
|
$ |
111,874 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
36,980,720 |
|
$ |
37,246,026 |
State Special Revenue Fund Group
4J0 |
715-638 |
|
Underground Injection Control |
|
$ |
458,418 |
|
$ |
458,418 |
4K2 |
715-648 |
|
Clean Air - Non Title V |
|
$ |
3,690,821 |
|
$ |
4,066,558 |
4K3 |
715-649 |
|
Solid Waste |
|
$ |
13,932,845 |
|
$ |
14,282,845 |
4K4 |
715-650 |
|
Surface Water Protection |
|
$ |
12,685,000 |
|
$ |
13,815,000 |
4K5 |
715-651 |
|
Drinking Water Protection |
|
$ |
8,169,553 |
|
$ |
8,867,732 |
4P5 |
715-654 |
|
Cozart Landfill |
|
$ |
149,728 |
|
$ |
149,728 |
4R5 |
715-656 |
|
Scrap Tire Management |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
4R9 |
715-658 |
|
Voluntary Action Program |
|
$ |
1,032,098 |
|
$ |
1,032,098 |
4T3 |
715-659 |
|
Clean Air - Title V Permit Program |
|
$ |
18,924,098 |
|
$ |
18,833,584 |
4U7 |
715-660 |
|
Construction
& Demolition Debris |
|
$ |
881,561 |
|
$ |
881,561 |
5BC |
715-617 |
|
Clean Ohio |
|
$ |
741,646 |
|
$ |
741,646 |
5BC |
715-622 |
|
Local Air Pollution Control |
|
$ |
1,026,369 |
|
$ |
1,026,369 |
5BC |
715-624 |
|
Surface Water |
|
$ |
8,797,413 |
|
$ |
8,797,413 |
5BC |
715-667 |
|
Groundwater |
|
$ |
1,093,741 |
|
$ |
1,093,741 |
5BC |
715-672 |
|
Air Pollution Control |
|
$ |
5,199,290 |
|
$ |
5,199,290 |
5BC |
715-673 |
|
Drinking Water |
|
$ |
2,550,250 |
|
$ |
2,550,250 |
5BC |
715-675 |
|
Hazardous Waste |
|
$ |
100,847 |
|
$ |
100,847 |
5BC |
715-676 |
|
Assistance and Prevention |
|
$ |
700,302 |
|
$ |
700,302 |
5BC |
715-677 |
|
Laboratory |
|
$ |
1,216,333 |
|
$ |
1,216,333 |
5BC |
715-678 |
|
Corrective Actions |
|
$ |
1,179,775 |
|
$ |
1,179,775 |
5BT |
715-679 |
|
C&DD Groundwater Monitoring |
|
$ |
571,560 |
|
$ |
693,267 |
5BY |
715-681 |
|
Auto Emissions Test |
|
$ |
14,817,105 |
|
$ |
15,057,814 |
5CD |
715-682 |
|
Clean Diesel School Buses |
|
$ |
600,000 |
|
$ |
600,000 |
5DW |
715-683 |
|
Automotive Mercury Switch Program |
|
$ |
60,000 |
|
$ |
60,000 |
5H4 |
715-664 |
|
Groundwater Support |
|
$ |
2,503,933 |
|
$ |
2,715,340 |
5N2 |
715-613 |
|
Dredge and Fill |
|
$ |
30,000 |
|
$ |
30,000 |
500 |
715-608 |
|
Immediate Removal Special Account |
|
$ |
557,257 |
|
$ |
573,903 |
503 |
715-621 |
|
Hazardous Waste Facility Management |
|
$ |
11,711,473 |
|
$ |
12,200,240 |
505 |
715-623 |
|
Hazardous Waste Cleanup |
|
$ |
13,333,179 |
|
$ |
14,147,498 |
505 |
715-674 |
|
Clean Ohio Environmental Review |
|
$ |
109,725 |
|
$ |
109,725 |
541 |
715-670 |
|
Site Specific Cleanup |
|
$ |
34,650 |
|
$ |
34,650 |
542 |
715-671 |
|
Risk Management Reporting |
|
$ |
146,188 |
|
$ |
146,188 |
592 |
715-627 |
|
Anti Tampering Settlement |
|
$ |
9,707 |
|
$ |
9,707 |
6A1 |
715-645 |
|
Environmental Education |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
602 |
715-626 |
|
Motor Vehicle Inspection and Maintenance |
|
$ |
157,697 |
|
$ |
128,876 |
644 |
715-631 |
|
ER Radiological Safety |
|
$ |
286,114 |
|
$ |
286,114 |
660 |
715-629 |
|
Infectious Waste Management |
|
$ |
100,000 |
|
$ |
100,000 |
676 |
715-642 |
|
Water Pollution Control Loan Administration |
|
$ |
4,964,625 |
|
$ |
4,964,625 |
678 |
715-635 |
|
Air Toxic Release |
|
$ |
210,622 |
|
$ |
210,622 |
679 |
715-636 |
|
Emergency Planning |
|
$ |
2,628,647 |
|
$ |
2,628,647 |
696 |
715-643 |
|
Air Pollution Control Administration |
|
$ |
750,000 |
|
$ |
750,000 |
699 |
715-644 |
|
Water Pollution Control Administration |
|
$ |
750,000 |
|
$ |
750,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
144,362,570 |
|
$ |
148,690,706 |
Clean Ohio Conservation Fund Group
5S1 |
715-607 |
|
Clean Ohio - Operating |
|
$ |
208,174 |
|
$ |
208,174 |
TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
208,174 |
|
$ |
208,174 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
202,554,045 |
|
$ |
207,689,173 |
AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT
On July 1, 2007, or as soon as possible thereafter, if the Governor issues an executive order under division (A) of section 3704.14 of the Revised Code, the Director of Budget and Management shall transfer $14,817,105 for use in fiscal year 2008 from the General Revenue Fund to the Auto Emissions Test Fund (Fund 5BY). On July 1, 2008, or as soon as possible thereafter, if the Governor issues a subsequent executive order under division (A) of section 3704.14 of the Revised Code, the Director of Budget and Management shall transfer $15,057,814 for use in fiscal year 2009 from the General Revenue Fund to the Auto Emissions Test Fund (Fund 5BY).
The Ohio Environmental Protection Agency (EPA) shall use the foregoing appropriation item 715-681, Auto Emissions Test, in the Auto Emissions Test Fund (Fund 5BY), for the operation, and Ohio EPA's costs for oversight, of the auto emissions testing program. For purposes of continuing testing beyond December 31, 2007, the Governor, annually and by executive order, may extend an existing contract with the contractor who is implementing the testing program pursuant to section 3704.14 of the Revised Code for a period of one year.
The funds identified in this section shall not be used (1) to pay for the testing costs of any dealers to provide certificates for vehicles being purchased by individuals who reside in areas where the E-Check program is operated or (2) to pay for more than one passing or three total free tests for any vehicle in a three-hundred-sixty-five-day period. When state funds may not be used to pay for testing costs, the cost of testing and retesting paid by an individual or a business for any vehicle shall cover the cost of the test. Testing and other fees charged by the contractor shall be submitted to and approved by the Director of Environmental Protection.
WATER QUALITY PROTECTION FUND
On July 1, 2007, or as soon thereafter as possible, the Director of Environmental Protection shall certify to the Director of Budget and Management the cash balance in Fund 3F4, Water Quality Management. The Director of Budget and Management shall transfer the amount certified from Fund 3F4 to Fund 3BU, Water Quality Protection. Any existing encumbrances in appropriation item 715-633, Water Quality Management (Fund 3F4), shall be cancelled and re-established against appropriation item 715-684, Water Quality Protection (Fund 3BU). The amounts of the re-established encumbrances are hereby appropriated, and Fund 3F4 is abolished.
On July 1, 2007, or as soon thereafter as possible, the Director of Environmental Protection shall certify to the Director of Budget and Management the cash balance in Fund 3J1, Urban Stormwater. The Director of Budget and Management shall transfer the amount certified from Fund 3J1 to Fund 3BU, Water Quality Protection. Any existing encumbrances in appropriation item 715-620, Urban Stormwater (Fund 3J1), shall be cancelled and re-established against appropriation item 715-684, Water Quality Protection (Fund 3BU). The amounts of the re-established encumbrances are hereby appropriated, and Fund 3J1 is abolished.
On July 1, 2007, or as soon thereafter as possible, the Director of Environmental Protection shall certify to the Director of Budget and Management the cash balance in Fund 3J5, Maumee River. The Director of Budget and Management shall transfer the amount certified from Fund 3J5 to Fund 3BU, Water Quality Protection. Any existing encumbrances in appropriation item 715-615, Maumee River (Fund 3J5), shall be cancelled and re-established against appropriation item 715-684, Water Quality Protection (Fund 3BU). The amounts of the re-established encumbrances are hereby appropriated, and Fund 3J5 is abolished.
On July 1, 2007, or as soon thereafter as possible, the Director of Environmental Protection shall certify to the Director of Budget and Management the cash balance in Fund 3K2, Clean Water Act 106 (Fund 3K2). The Director of Budget and Management shall transfer the amount certified from Fund 3K2 to Fund 3BU, Water Quality Protection. Any existing encumbrances in appropriation item 715-628, Clean Water Act 106, shall be cancelled and re-established against appropriation item 715-684, Water Quality Protection (Fund 3BU). The amounts of the re-established encumbrances are hereby appropriated, and Fund 3K2 is abolished.
On July 1, 2007, or as soon thereafter as possible, the Director of Environmental Protection shall certify to the Director of Budget and Management the cash balance in Fund 3K6, Remedial Action Plan. The Director of Budget and Management shall transfer the amount certified from Fund 3K6 to Fund 3BU, Water Quality Protection. Any existing encumbrances in appropriation item 715-639, Remedial Action Plan (Fund 3K6), shall be cancelled and re-established against appropriation item 715-684, Water Quality Protection (Fund 3BU). The amounts of the re-established encumbrances are hereby appropriated, and Fund 3K6 is abolished.
On July 1, 2007, or as soon thereafter as possible, the Director of Environmental Protection shall certify to the Director of Budget and Management the cash balance in Fund 352, Wastewater Pollution. The Director of Budget and Management shall transfer the amount certified from Fund 352 to Fund 3BU, Water Quality Protection. Any existing encumbrances in appropriation item 715-611, Wastewater Pollution (Fund 352), shall be cancelled and re-established against appropriation item 715-684, Water Quality Protection (Fund 3BU). The amounts of the re-established encumbrances are hereby appropriated, and Fund 352 is abolished.
On July 1, 2007, or as soon thereafter as possible, the Director of Environmental Protection shall certify to the Director of Budget and Management the cash balance in Fund 358, 205-J Federal Planning. The Director of Budget and Management shall transfer the amount certified from Fund 358 to Fund 3BU, Water Quality Protection. Any existing encumbrances in appropriation item 715-625, 205-J Federal Planning (Fund 358), shall be cancelled and re-established against appropriation item 715-684, Water Quality Protection (Fund 3BU). The amounts of the re-established encumbrances are hereby appropriated, and Fund 358 is abolished.
AREAWIDE PLANNING AGENCIES
The Director of the Environmental Protection Agency shall use the foregoing appropriation item 715-624, Surface Water, to contract with areawide planning agencies in an amount not to exceed $75,000 per agency per fiscal year for areawide water quality management and planning activities in accordance with Section 208 of the Federal Clean Water Act, 33 U.S.C. 1288.
CASH TRANSFER FOR AUTOMOTIVE MERCURY SWITCH PROGRAM
Upon the request of the Director of Environmental Protection, the Director of Budget and Management shall transfer up to $60,000 in cash from the Environmental Protection Fund (Fund 5BC) to the Automotive Mercury Switch Program Fund (Fund 5DW), in each year of the fiscal years 2008-2009 biennium.
Section 283.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
GRF |
172-321 |
|
Operating Expenses |
|
$ |
483,859 |
|
$ |
487,000 |
TOTAL GRF General Revenue Fund |
|
$ |
483,859 |
|
$ |
487,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
483,859 |
|
$ |
487,000 |
Section 285.10. ETC ETECH OHIO
GRF |
935-321 |
|
Operations |
|
$ |
6,830,918 |
|
$ |
6,830,921 |
GRF |
935-401 |
|
Statehouse News Bureau |
|
$ |
244,400 |
|
$ |
244,400 |
GRF |
935-402 |
|
Ohio Government Telecommunications Services |
|
$ |
716,417 |
|
$ |
716,417 |
GRF |
935-403 |
|
Technical Operations |
|
$ |
3,633,390 |
|
$ |
3,633,389 |
GRF |
935-404 |
|
Telecommunications Operating Subsidy |
|
$ |
3,632,413 |
|
$ |
3,632,413 |
GRF |
935-406 |
|
Technical and Instructional Professional Development |
|
$ |
7,285,351 |
|
$ |
7,272,351 |
GRF |
935-539 |
|
Educational Technology |
|
$ |
4,139,551 |
|
$ |
4,139,551 |
TOTAL GRF General Revenue Fund |
|
$ |
26,482,440 |
|
$ |
26,469,442 |
General Services Fund Group
4F3 |
935-603 |
|
Affiliate Services |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
4T2 |
935-605 |
|
Government Television/Telecommunications Operating |
|
$ |
25,000 |
|
$ |
25,000 |
5D4 |
935-640 |
|
Conference/Special Purposes |
|
$ |
1,821,817 |
|
$ |
1,821,817 |
TOTAL GSF General Services Fund Group |
|
$ |
2,846,817 |
|
$ |
2,846,817 |
Federal Special Revenue Fund Group
3S3 |
935-606 |
|
Enhancing Education Technology |
|
$ |
589,363 |
|
$ |
589,363 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
589,363 |
|
$ |
589,363 |
State Special Revenue Fund Group
4W9 |
935-630 |
|
Telecommunity |
|
$ |
25,000 |
|
$ |
25,000 |
4X1 |
935-634 |
|
Distance Learning |
|
$ |
50,000 |
|
$ |
50,000 |
5T3 |
935-607 |
|
Gates Foundation Grants |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
275,000 |
|
$ |
275,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
30,193,620 |
|
$ |
30,180,622 |
Section 285.30. TELECOMMUNICATIONS
The foregoing appropriation item 935-401, Statehouse News Bureau, shall be used solely to support the operations of the Ohio Statehouse News Bureau.
OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO
The foregoing appropriation item 935-402, Ohio Government Telecommunications Services, shall be used solely to support the operations of Ohio Government Telecommunications Services.
Of the foregoing appropriation item 935-403, Technical Operations, up to $36,000 in each fiscal year shall be used to pay the one hundred fifty dollar monthly per-antenna collocation fee that applies to public agencies with antennae on towers managed by OIT for the Multi-Agency Radio Communications System (MARCS), as outlined in policies and procedures adopted by the MARCS Steering Committee. The total amount of these fees paid by eTech Ohio on behalf of its public television and radio station affiliates with antennae on the eighteen towers transferred from eTech Ohio to OIT shall be subject to any offsetting reductions negotiated by eTech Ohio or its affiliates to account for MARCS use of these or other affiliate towers. Any portion of the annual amount hereby designated that is not disbursed or encumbered for this purpose shall lapse at the end of the respective fiscal year.
The remainder of appropriation item 935-403, Technical Operations, shall be used by eTech Ohio to pay expenses of eTech Ohio's network infrastructure, which includes the television and radio transmission infrastructure and infrastructure that shall link all public K-12 classrooms to each other and the Internet, and provide access to voice, video, and data educational resources for students and teachers.
TELECOMMUNICATIONS OPERATING SUBSIDY
Of the foregoing appropriation item 935-404, Telecommunications Operating Subsidy, $45,000 in each fiscal year shall be used to contract for dial-up newspaper reading services for the blind and physically handicapped. The contract shall be awarded subject to Controlling Board approval, through a competitive bidding process.
The remainder of appropriation item 935-404, Telecommunications Operating Subsidy, shall be distributed by eTech Ohio to Ohio's qualified public educational television stations, radio reading services, and educational radio stations to support their operations. The funds shall be distributed pursuant to an allocation formula used by the Ohio Educational Telecommunications Network Commission unless and until a substitute formula is developed by eTech Ohio in consultation with Ohio's qualified public educational television stations, radio reading services, and educational radio stations.
Section 285.40. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL DEVELOPMENT
The foregoing appropriation item 935-406, Technical and Instructional Professional Development, shall be used by eTech Ohio to make grants or provide services to qualifying public schools, including the State School for the Blind, the State School for the Deaf, and the Department of Youth Services, for the provision of hardware, software, telecommunications services, and staff development to support educational uses of technology in the classroom.
Of the foregoing appropriation item 935-406, Technical and Instructional Professional Development, up to $1,000,000 in each fiscal year shall be used to implement and support the Ohio Students Choosing On-line Resources for Educational Success (Ohio SCORES) initiative that increases the educational options available to students in mathematics, advanced laboratory-based science, and foreign language. eTech Ohio shall work collaboratively with the Department of Education and the Board of Regents on this initiative.
Of the foregoing appropriation item 935-406, Technical and Instructional Professional Development, up to $200,000 in each fiscal year shall be used by eTech Ohio to provide competitive professional development grants to school districts. Grant proposals shall focus on developing innovative programs that enhance the abilities of teachers to use innovative methods for integrating technology to implement state academic content standards in classroom lessons. Grant requirements and awards shall be approved by eTech Ohio, with priority given to school districts designated in academic emergency, academic watch, or continuous improvement. eTech Ohio shall develop a web site to share information learned through these programs with school districts statewide. The web site shall be linked with the Ohio Department of Education's Instructional Management System.
Of the foregoing appropriation item 935-406, Technical and Instructional Professional Development, up to $1,260,000 in each fiscal year shall be allocated equally among the 12 Ohio educational television stations and used with the advice and approval of eTech Ohio. Funds shall be used for the production of interactive instructional programming series with priority given to resources aligned with state academic content standards in consultation with the Ohio Department of Education and for teleconferences to support eTech Ohio. The programming shall be targeted to the needs of the poorest two hundred school districts as determined by the district's adjusted valuation per pupil as defined in former section 3317.0213 of the Revised Code as that section existed prior to June 30, 2005.
The remainder of appropriation item 935-406, Technical and Instructional Professional Development, shall be used by eTech Ohio for professional development for teachers and administrators for the use of educational technology. eTech Ohio may make grants to provide technical assistance and professional development on the use of educational technology to school districts.
Eligible recipients of grants include regional training centers, educational service centers, information technology centers, educational technology centers, institutions of higher education, public television stations, special education resource centers, area media centers, or other nonprofit educational organizations. In addition, services provided through these grants may include use of private entities subcontracting through the grant recipient.
Grants shall be made to entities on a contractual basis with eTech Ohio. Contracts shall include provisions that demonstrate how services will benefit technology use in the public schools, and in particular how services will support eTech Ohio's efforts to integrate technology in the public schools. Contracts shall specify the scope of assistance being offered and the potential number of professionals who will be served. Contracting entities may be awarded more than one grant at a time. Grants shall be awarded in a manner consistent with the goals and priorities of eTech Ohio. Special emphasis in the award of grants shall be placed on collaborative efforts among service providers.
Application for grants from appropriation item 935-406, Technical and Instructional Professional Development, shall be consistent with a school district's technology plan that shall meet the minimum specifications for school district technology plans as prescribed by eTech Ohio. Funds allocated through these grants may be combined with funds received through other state or federal grants for technology so long as the school district's technology plan specifies the use of these funds.
Section 285.50. EDUCATIONAL TECHNOLOGY
The foregoing appropriation item 935-539, Educational Technology, shall be used to provide funding to suppliers of information services to school districts for the provision of hardware, software, and staff development in support of educational uses of technology in the classroom as prescribed by the State Plan for Technology pursuant to section 3301.07 of the Revised Code, and to support assistive technology for children and youth with disabilities.
Of the foregoing appropriation item 935-539, Education Technology, up to $4,139,551 in each fiscal year shall be used by eTech Ohio to contract with educational television to provide Ohio public schools with instructional resources and services with priority given to resources and services aligned with state academic content standards and such resources and services shall be based upon the advice and approval of eTech Ohio, based on a formula used by the Ohio SchoolNet Commission unless and until a substitute formula is developed by eTech Ohio in consultation with Ohio's educational technology agencies and noncommercial educational television stations.
Resources may include, but not be limited to, the following: prerecorded video materials (including videotape, laser discs, and CD-ROM discs); computer software for student use or student access to electronic communication, databases, spreadsheet, and word processing capability; live student courses or courses delivered electronically; automated media systems; and instructional and professional development materials for teachers. eTech Ohio shall collaborate with public television stations and cooperate with education technology agencies in the acquisition, development, and delivery of these educational resources to ensure high-quality and educational soundness at the lowest possible cost. Delivery of these resources may utilize a variety of technologies.
Services shall include presentations and technical assistance that will help students and teachers integrate educational materials that support curriculum objectives, match specific learning styles, and are appropriate for individual interests and ability levels.
The instructional resources and services shall be made available for purchase by chartered nonpublic schools or by school districts for the benefit of pupils attending chartered nonpublic schools.
eTech Ohio shall monitor the developments of technology, coordinate with the Office of Information Technology, and assure the most effective and highest quality operation of eTech Ohio networks. All efforts may be aligned with the State's ongoing efforts to coordinate appropriate network operations through the Office of Information Technology and through the Third Frontier Network.
Section 285.55. (A) The Governor is hereby authorized to execute deeds or leases in the name of the state, granting or leasing all of the state's right, title, and interest in eighteen parcels on which stand eTech Ohio towers, the parcels being particularly described as follows:
Situated in the Township of Green, County of Summit, State of Ohio being part of the Southwest Quarter Section Eighteen (18) of Township Twelve North (T-12-N), Range Nine West (R-9-W), more particularly bounded and described as follows:
Commencing at the Point of Intersection of the centerline of South Main Street (County Highway 50) with the centerline of Caston Road (County Highway 224); thence South 49 07' 20" East along and with the centerline of said Caston Road a distance of 394.15 feet to an iron pin; thence continuing South 49 07' 20" East a distance of 300 feet to an iron pin at a PI of the centerline of said Caston Road; thence South 38 05' 26" East a distance of 138.82 feet to an iron pin at the True Place of Beginning of the parcel of land hereinafter described:
Thence, South 50° 22' 26" East a distance of 50 feet to an iron pin;
Thence, South 9° 37' 34" West a distance of 591.62 feet to an iron pin;
Thence, South 69° 37' 34" West a distance of 50 feet to an iron pin;
Thence, North 49° 22' 19" West a distance of 558.17 feet to an iron pin;
Thence, North 9° 37' 34" East a distance of 50 feet to an iron pin;
Thence, North 67° 37' 34" East a distance of 558.17 feet to the True Place of Beginning, containing 4.38 acres, to be the same more or less, according to survey by Justin A Seiler, Registered Surveyor #4421, on March 20, 1974, but subject to all legal highways.
County of Richland in the State of Ohio, and bounded and described as follows: Situated in the Township of Jefferson, County of Richland, State of Ohio and being a part of the Southeast Quarter of the Southeast Quarter Section Twenty-three (23) of Township Nineteen (19), Range Eighteen (18), more particularly bounded and described as follows:
Commencing at the Southeast Corner of said Southeast Quarter Section 23; thence Northerly along and with the East Line of said Quarter a distance of 80 Rods to the Northeast corner of said Southeast Quarter of the Southeast Quarter Section 23; thence Westerly parallel with the South Line of said Quarter a distance of 202.5 feet to the True Place of Beginning;
THENCE, continuing Westerly parallel with said South Line a distance of 688 feet to an iron pin;
THENCE, Southerly with an interior angle of 90° a distance of 763 feet to an iron pin;
THENCE, Easterly with an interior angle of 90° a distance of 688 feet to an iron pin;
THENCE, Northerly with an interior angle of 90° a distance of 763 feet to the True Place of Beginning, containing 12.05 acres, be the same more or less, according to survey by Justin A. Seiler, Registered Surveyor #4421, on March 12, 1974.
Being a tract of land in Section 28, Range 13E, Township 15, Crawford Township, Wyandot County, State of Ohio which is further described as follows:
Beginning at a point on the north line of Section 28 which line is also the center line of Count road 25 (also known as Tyson Road) which point is South 89° 53' 11" East long the said north line of Section 28, a distance of two hundred sixty-one and ninety hundredths (261.90) feet from the northwest corner of said Section 28 said corner also being the intersection of the center line of County Road 97 and said County Road 25;
Thence, along the said north line of Section 28 North 89° 53' 30" East, a distance of four hundred thirty-one and seventy-one hundredths (431.71) feet to a point;
Thence, South 3° 42' 00" West, a distance of twenty and four hundredths (20.04) feet to a concrete monument;
Thence, continuing South 3° 42' 00" West, a distance of seven hundred sixty-nine and fifty-four hundredths (769.54) feet to a concrete monument;
Thence, North 62° 09' 49" West, a distance of five hundred ninety-five and four hundredths (595.04) feet to a concrete monument;
Thence, North 4° 53' 19" West, a distance of four hundred thirty-six and seventy-five hundredths (436.75) feet to a concrete monument;
Thence, North 73° 29' 57" East, a distance of one hundred ninety and fifty-four hundredths (190.54) feet to a concrete monument;
Thence, North 0° 06' 30" West, a distance of twenty and no hundredths (20.00) feet to the point of beginning.
Township of Bloomfield, in the County of Jackson, and State of Ohio.
Being a tract of land in the Southeast Quarter of Section 35 in Range 17W, Township 8N, Bloomfield Township, Jackson County, Ohio which is further described as follows:
Beginning at a point in the center line of Township Road 144 which point is located by the following two (2) courses from the northwest corner of the said Southeast Quarter of Section 35;
(1) South 4° 24 feet West along the west line of the said Southeast Quarter of Section 35, a distance of one hundred thirty-one and four tenths (131.4) feet to a point in the said center line of Township Road 144;
(2) South 65° 11 feet East along the said center line of Township Road 144, a distance of five hundred eighty-five and no hundredths (585.00) feet to said beginning point;
Thence, South 4° 24 feet West, a distance of thirty-two and one hundredth (32.01) feet to a concrete monument;
thence, continuing South 4° 24 feet West, a distance of six hundred forty-two and forty hundredths (642.40) feet to a concrete monument;
thence, continuing South 4° 24 feet West, a distance of thirty-two and two hundredths (32.02) feet to a point in the County Road 46;
thence, North 73° 56 feet East being in County Road 46, a distance of one thousand eleven and forty-nine hundredths (1,011.49) feet to a point in the aforementioned center line of Township Road 144;
thence, North 65° 11 feet West along the said center line of County Road 144, a distance of one thousand eleven and seventeen hundredths (1,011.17) feet to the point of the beginning.
This tract contains seven and six hundred eight-two thousandths (7.682) acres, more or less.
Being a parcel of land situated in Jefferson Township, Mercer County, Ohio in the northeast quarter of the northeast quarter of Section 4, Township 6 South, Range 3 East. Being more particularly described as follows:
Commencing for reference at a 5/8 inch iron bar at the northeast corner of said section 4
Thence, south 00° 50' 10" west, along the east line of said section 4 and the centerline of Dibble Road, a distance of thirty (30.00) feet to the south line of the Norfolk and Western Railroad Right-of Way. Said point being the place of beginning for the parcel to be described herein
Thence, continuing south 00° 50' 10" west along the last described line, a distance of two hundred thirty-eight and 50/100 (238.50) feet to a point
Thence, north 89° 05' 33" west, a distance of two hundred sixty-seven and 91/100 (267.91) feet to a point
Thence, north 00° 50' 10" east, a distance of two hundred thirty-eight and 51/100 (238.50) feet to the south line of the aforementioned Norfolk the Western Railroad right-of-way
Thence, south 89° 05' 33" east, along said south right-of-way, a distance of two hundred sixty-seven and 91/100 (267.91) feet to the place of beginning
Containing 1.467 acres of land more or less.
Being a parcel of land situated in Jefferson Township, Mercer County, Ohio in the northwest quarter of the northeast quarter of Section 3, Township 6 South, Range 3 East. Being more particularly described as follows:
Commencing for reference at a 5/8 inch iron bar at the northwest corner of said section 3
Thence, south 00° 50' 10" west, along the east line of said section 3 and the centerline of Dibble Road, a distance of fifty (50.00) feet to the south line of the Norfolk and Western Railroad Right-of-Way. Said point being the place of beginning for the parcel to be described herein
Thence, continuing south 00° 50' 10" west along the last described line, a distance of Five Hundred eighty-two and 50/100 (582.50) feet to a point
Thence, north 89° 05' 33" east, a distance of three hundred sixty-seven and 91/100 (367.91) feet to a point
Thence, north 00° 50' 10" east, a distance of five hundred eighty-two and 50/100 (582.50) feet to the south line of the aforementioned Norfolk and Western Railroad right-of-way
Thence, north 89° 05' 33" west, along said south right-of-way, a distance of three hundred sixty-seven and 91/100 (367.91) feet to the place of beginning
Containing 4.920 acres of land more or less.
Situate in the State of Ohio, Butler County, Oxford Township, being a part of Section 5, Range 1 East, Township 5 North, Congress Lands West of the Miami, also being a parcel out of those lands conveyed to Miami University by Deed of Record in Deed Book 965, Page 42, Recorder's Office, Butler County, Ohio and being a lease for a radio broadcasting antenna tower and the necessary guy and anchor structures, more particularly described as follows:
Beginning for reference at the northwest corner of Section 5, Range 1 East, Township 5 North, Congress Lands West of the Miami, said point also being at the intersection of Jones Road and Taylor Road and in the Preble-Butler County Line; thence leaving said County Line, said Jones road and with the centerline of said Taylor Road and the west line of said Section 5, South 00° 05' West 3619.2 feet to a point, said point being the northwesterly corner of the 14.01 acre tract as conveyed in said Deed Book 695, Page 42,; thence leaving the centerline of said Taylor Road and the west line of said Section 5 and with a northerly line of said 14.01 acre parcel South 89 degrees 55' East 356.8 feet to a point; thence leaving the northerly line of said 14.01 acre parcel and crossing said 14.01 acre parcel South 00° 05' West 40.00 feet to a point; thence continuing across said 14.01 acre parcel North 87° 53' East 386.5 feet to the center of an existing antenna tower and the True Point of Beginning of the herein described leases, said tower also having geographic coordinates of North Latitude 39° 31' 37" and West Longitude 84° 47' 36".
Parcel A: Being a circular area of fifty (50.00) foot radius centered on the aforedescribed antenna tower and containing 7854 square feet, more or less.
Parcel B: Beginning at a point which bears North 27° 53' East, a distance of fifty (50.00) feet from the aforedescribed antenna tower and at a point on the circumference of the aforedescribed circle; thence with the centerline of a twenty (20.00) foot wide easement, being ten (10.00) feet on each side of said centerline
North 27° 53' East 300.00 feet to the terminus of said Lease B and containing 6006.7 square feet, more or less.
Parcel C: Beginning at a point which bears South 32° 07' East a distance of fifty (50.00) feet from the aforedescribed antenna tower and at a point on the circumference of the aforedescribed circle; thence with the centerline of a twenty (20.00) foot wide easement, being ten (10.00) feet on each side of said centerline
South 32° 07' East 293.00 feet to the terminus of said Lease C and containing 5866.7 square feet, more or less
Parcel D: Beginning at a point which bears South 87° 53' West a distance of fifty (50.00) feet from the aforedescribed antenna tower and at a point on the circumference of the aforedescribed circle; thence with the centerline of a twenty (20.00) foot wide easement, being ten (10.00) feet on each side of said centerline
South 87° 53' West 300.00 feet to the terminus of said Lease D and containing 6006.7 square feet, more or less.
The aforedescribed four lease parcels containing a total of 25734.1 square feet or 0.591 acres, more or less
Located in Sheffield Township, Ashtabula County, State of Ohio and being part of Lot 2, Township 12, Range 2 and more particularly described as follows:
Beginning at the intersection of the centerline of Plymouth Ridge Road and the centerline of Wright Street said intersection also being the Southwest corner of Steven Raydek property;
Thence North along the said centerline of Wright Street a distance of 1,782.0 feet to a point;
Thence Easterly with an interior angle of 90° 00 minutes along the Westerly projection of the East guy line a distance of 180.0 feet to the center of the tower.
Being a tract of land situated on Wright State University campus, City of Fairborn, Green County, State of Ohio, and being bounded and more particularly described as follows:
Beginning at a point being at P.K. nail located in the centerline of Colonel Glenn Highway, and the point being referred to as station 104+00; thence North (13°-17'-57") East a distance of 1933.55 feet to an iron pin being the true point of beginning; thence North (44°-08'-37") West a distance of 49.04 feet to an iron pin; thence North (45°-51'23") East a distance of 70.95 feet to an iron pin; thence South (44°-08'-37") a distance of 49.04 feet to an iron pin; thence South (45°-51'-23") West a distance of 70.95 feet to an iron pin being the true point of beginning containing 0.080 acres more or less subject however to all easements of record.
Situated in the state of Ohio, County of Fairfield, Township of Hocking and further described as follows:
Being a site 100' in length, east and west, by 50' in width, north and south, within which area a base for a broadcasting tower, a generator pad and a tank foundation are to be constructed, said tower to be located approximately 184 feet north of the southwest corner of building No. 2.004 and approximately 132 feet east of the fence along the easterly side of Jackson Road, also, together with existing guy wires and an access road running from Jackson Road, thence due east to the west line of the above described site.
Roberts Mill Road on certain lands belonging to the State of Ohio, known as London Prison Farm.
Located in Washington Township, Holmes County, State of Ohio and in the East Half of the northwest Quarter of Section 5, Township 19, Range 15 and more particularly described as follows:
Beginning at the intersection of the centerline of Township Road 32 and the west line of the east half of the northwest quarter of Section 5, said west line also being the Grantor's westerly property line.
Thence easterly along the said centerline a distance of 270.8 feet to a point;
Thence Southerly along the North Guy line projected a distance of 660.25 feet to the center of the Tower, said center of the Tower being 314 feet, more or less, easterly of the said West line of the East Half of the northwest Quarter of Section 5.
The total area of occupancy, including the tower base, building and guy line areas shall not exceed 1.0 acre.
Situate in the State of Ohio, County of Richland, Washington Township, being a part of the Northwest Quarter (1/4) of Section 11, Township 20 North, Range 18 West, also being a parcel out of those lands conveyed to James Edward Procker by Deed of Record in Deed Book 585, Page 578, Recorders Office, Richland County, Ohio and being more particularly described as follows:
Beginning for Reference at the intersection of the centerline of the Mansfield-Washington Road (C.H. 301) and the southeast line of James Procker's 15 acre parcel as described in said Deed Book 585, Page 578, Recorder's Office, Richland County, Ohio and in the Northeast Quarter (1/4) of said Section 11; thence leaving said Mansfield-Washington Road and with the southeast line of said James Procker South 47° 59' 08" West 968.22 feet to a point on the East line of Northwest Quarter (1/4) of said Section 11; thence leaving the East line of said Northwest Quarter (1/4) of said Section 11 and across the lands of said James Procker and the Northwest Quarter (1/4) of said Section 11 North 64° 11' 46" West 1186.56 feet to a point, the center of an existing radio transmission tower; thence North 09° 01' 06" West 13.00 feet to the Reference Point of Beginning of the four (4) hereinafter described easements, said Point of Beginning being half (1/2) way towards another existing radio transmission tower, 26.00 feet northerly from the first transmission tower.
Lease No. 1 Circular Area
Being a Circle having a 75.00 foot Radius, centered upon The Reference Point of Beginning as described above, said Reference Point being True Point of Beginning for this circular area and lying half (1/2) way between two existing Radio Transmission Towers and containing 17,671 square feet, more or less.
Lease No. 2 Guy and Anchor Area (Northerly)
Beginning for Reference at the aforementioned Reference Point of Beginning at a point half (1/2) way between two existing Radio Transmitting Towers: thence North 09 50' 08" East 75.00 feet to a point on the circumference of the 75.00 foot radius circle described in Lease No. 1 above and the True Point of Beginning of the following described parcel; thence along the centerline of a 18.00 foot wide strip, 9 foot on each side of the following described line and parallel with the northerly guy of the southerly Radio Transmitting Tower,
North 09° 50' 08" East 237.14 feet to the terminus of Lease No. 2 and containing 4269 square feet, more or less.
Lease No. 3 Guy and Anchor Area (Southereasterly)
Beginning for Reference at the aforementioned Reference Point of Beginning at a point half (1/2) way between two existing Radio Transmitting Towers; thence South 50 09' 52" East 75.00 feet to a point on the circumference of the 75.00 foot radius circle described in Lease No. 1 above and the True Point of Beginning of the following described parcel; thence along the centerline of a 27.00 foot wide strip, 13.50 feet on each side of the following described line and parallel with the southeasterly guy of the southerly Radio Transmitting Tower,
South 50° 09' 52" East 217.93 feet to the terminus of Lease No. 3 and containing 5884 square feet, more or less.
Lease No. 4 Guy and Anchor Area (southwesterly)
Beginning for Reference at the aforementioned Reference Point of Beginning at a point half (1/2) way between two existing Radio Transmitting Towers; thence South 69° 50' 08" West 75.00 feet to a point on the circumference of the 75.00 foot radius circle described in Lease No. 1 above and the True Point of Beginning of the following described line and parallel with the southwesterly guy of the southerly Radio Transmitting Tower.
South 69° 50' 08" West 240.84 feet to the terminus of Lease No. 4 and containing 10,356 square feet, more or less.
The following described Real Estate, situate in the Township of Jackson in the County of Shelby and State of Ohio.
Being part of the southeast quarter of the southeast quarter of Section 29, Town 7 South, Range 7 East, Jackson Township, Shelby County, Ohio, and more particularly described as follows:
Commencing at the stone at the Southeast corner of the Southeast quarter of Section 29, Jackson Township, (stone being in the center on the Wones Road and State Route 119); thence in a westerly direction along the center o the State Route 119, 971.58 feet to a Railroad Spike, this being the PLACE OF BEGNNNING. Thence continuing in a westerly direction along the center of State Route 119, 340.80 feet to a Railroad Spike on the West line of the Southeast Quarter of the Southeast Quarter of Section 29, Jackson Township; thence in a Northerly direction with an internal angle of 89 degrees 25 minutes along the West line of the Southeast Quarter of the Southeast Quarter of Section 29, Jackson Township, 1142.38 feet to a Railroad Tie corner post; thence in an Easterly direction with an internal angle of 90 degrees 40 minutes 339.50 feet to an iron pipe; thence in a Southerly direction with an internal angle of 89 degrees 22 minutes, 1143.63 feet to the Railroad Spike in the center of State Route 119, which was the PLACE OF BEGINNING.
The above described tract of land contains 8.92 areas more or less, subject to all legal highways and easements of record. Being part of the same premises conveyed by deed recorded in Volume 196, Page 132 of the Deed Records of Shelby County, Ohio.
ALSO, Situate in the Township of Jackson in the County of Shelby and State of Ohio.
The following described tract of land is part of the southeast quarter of southeast quarter of Section 29 - T7S - R7E, Jackson Township, Shelby County, Ohio and is more particularly described as follows.
Commencing at a stone at the southeast corner of southeast quarter of Section 29 Jackson Township. (Stone being in the center on Wones Road and State Route 119).
Thence in a westerly direction along center line of S. R. 119, 777.46' to first railroad spike. Continuing in westerly direction along center line of S.R. 119, 194.12' to second railroad spike.
Thence in a northerly direction with internal angle of 89°, 27', 495 ft. to I.P. (set stake). This being place of beginning.
Thence in a northerly direction 634.08' to an iron pipe (post).
Thence in an easterly direction with internal angle of 90° - 18', 194.11' to an iron pipe.
Thence in a southerly direction with internal angle of 89° - 42', 633.33' to a point (set stake).
Thence in a westerly direction with internal angle of 90° - 33', 194.115' to I.P. which was place of beginning.
Being a part of a 35.47 acre parcel of land, known as lot #24 in the 1st quarter Township, Township 9, Range 8, Monroe Township, Holmes County, Ohio. Being more particularly described as follows:
Being a plot approximately 30' X 20' (approximately 600 square feet), located in the northwest corner of the property with center of tower base to be located approximately 500' south of north property line and 152' east of West property line.
Begin part of a 16 acre parcel of land situated in Thompson Township, Geauga County, Ohio, and known as Lot #20 as described in Deed #272-290. Being more particularly described as follows:
Being a triangular land area measuring fifty (50) feet southwest to north by fifty (50) feet southeast to north by fifty (50) feet west to east to be situated at the northwest corner of the aforementioned 16 acre parcel. Also being an additional rectangular land area measuring from the southwest corner of the aforementioned land area south 21 feet then east by 35 feet then north by 21 feet thus returning to the southeast corner of the aforementioned land area.
Situate in the State of Ohio, Greene County, Xenia Township and the Village of Wilberforce and being a part of those lands conveyed from Central State University to the Ohio Educational Broadcasting Network Commission by a Transfer of Jurisdiction, dated September 18, 1974, and being two (2) easements more particularly described as follows:
Tract No. 1. Steam Tunnel serving Lane Hall (Guy and Anchor Block)
Being an eight foot (8.0') wide easement, four feet (4.0') on each side of the following described centerline; Beginning for Reference at approximate station 11+60 as shown on Drawing No. G-1, Sheet 3 of 35, Section No. G-5, Titled Project No. 255-88-059, UTILITY TUNNEL LOOP, Phase 1, Central State University and prepared by Fosdick and Hilmer, Inc., Consulting Engineers and THP Limited of Cincinnati, Ohio; thence with the centerline of the Steam Tunnel serving said Lane Hall, South 31° East 30.0 feet more or less; thence South 48° 30' East 84.3 feet, more or less, to the True Point of Beginning of the herein described easement; thence continuing with the centerline of said Steam Tunnel
South 48° 30' East 17.4 feet, more or less, to the terminus of the herein described easement.
Tract No. 2. Steam Tunnel G-5 Serving the Cosby Center for Mass Communication (antenna site)
Being a five foot (5.0') wide easement, two and one-half feet (2.5') on each side of the following described centerline; Beginning for Reference at a northerly corner of the Cosby Center for Mass Communication; thence with a northwesterly wall of said Cosby Center South 41° West 67.4 feet, more or less, to the True Point of Beginning of the herein described easement and on the centerline of said Steam Tunnel as shown on Drawing No. G-1, Sheet 3 of 35, Section No. G-5, Titled Project No. 255-88-059, UTILITY TUNNEL LOOP, Phase 1, Central State University and prepared by Fosdick and Hilmer, Inc. and THP Limited of Cincinnati, Ohio; thence with the centerline of said Steam Tunnel.
North 49° West 4.6 feet, more or less; thence
North 41° East 23.3 feet, more or less, to the terminus of the herein described easement.
Being a tract of land in Section 15, Range 13W, Township 16N, Wooster Township, Wayne County, State of Ohio which is further described as follows:
Beginning for a point at a concrete monument which point is located by the following two (2) courses from the southeast corner of Section 15:-
(1) North 0° 03' 45" East, a distance of one thousand one hundred fifty-five and twenty hundredths (1,155.20) feet to a point in the centerline of Hayden Road;
(2) North 58° 15' 15" West, a distance of four hundred eighty-three and eighty-six hundredths (483.86) feet to the said point of beginning.
Thence, North 89° 28' 57" West, a distance of five hundred seventy and no hundredths (570.00) feet to a concrete monument;
Thence, North 0° 31' 03" East, a distance of six hundred fifty-eight and eighteen hundredths (658.18) feet to a concrete monument;
Thence, South 89° 28' 67" East, a distance of five hundred seventy and no hundredths (570.00) feet to a concrete monument;
Thence, South 0° 31' 03" West, a distance of six hundred fifty eight and eighteen hundredths (658.18) feet to the point of beginning.
This tract contains eight and sixty-one hundredths (8.61) acres, more or less.
(B) All rights, privileges, ownership, and control of the towers shall be transferred from eTech Ohio to the Office of Information Technology (OIT) by July 1, 2007. Where the land upon which the towers are located is leased by eTech Ohio, eTech Ohio shall relinquish its right on any such lease and OIT shall be substituted as the lessee of the premises by July 1, 2007, under the same terms, provisions, and conditions as specified in each lease agreement, subject to the lessor's consent. Where the land upon which the towers are located is owned by eTech Ohio, all rights, privileges, ownership and control of the land shall be transferred to OIT by July 1, 2007. The transfers and assignments of the eighteen tower site designations are subject to eTech Ohio's continued right to use the towers and the premises on which the towers are located for transmission and broadcasting; to OIT policies and procedures; and to completion of any legal surveys of the premises deemed necessary by the Office of Real Estate Services.
(C) Renewable leases and deeds to implement this section shall be prepared by the Auditor of State with the assistance of the Attorney General, executed by the Governor, countersigned by the Secretary of State, sealed with the Great State of Ohio, and presented for recording in the Office of the Auditor of State. Each deed or lease shall be delivered to the original grantor or lessor of each property for recording in the office of the appropriate county recorder.
Section 285.60. TELECOMMUNITY
The foregoing appropriation item 935-630, Telecommunity, shall be distributed by eTech Ohio on a grant basis to eligible school districts to establish "distance learning" through interactive video technologies in the school district. Per agreements with eight Ohio local telephone companies ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone Company, Orwell Telephone Company, Sprint North Central Telephone, VERIZON, and Western Reserve Telephone Company, school districts are eligible for funds if they are within one of the listed telephone company service areas. Funds to administer the program shall be expended by eTech Ohio up to the amount specified in agreements with the listed telephone companies.
Within thirty days after the effective date of this section, the Director of Budget and Management shall transfer to Fund 4W9 in the State Special Revenue Fund Group any investment earnings from moneys paid by any telephone company as part of any settlement agreement between the listed companies and the Public Utilities Commission in fiscal years 1996 and beyond.
The foregoing appropriation item 935-634, Distance Learning, shall be distributed by eTech Ohio on a grant basis to eligible school districts to establish "distance learning" in the school district. Per the agreement with Ameritech, school districts are eligible for funds if they are within an Ameritech service area. Funds to administer the program shall be expended by eTech Ohio up to the amount specified in the agreement with Ameritech.
Within thirty days after the effective date of this section, the Director of Budget and Management shall transfer to Fund 4X1 in the State Special Revenue Fund Group any investment earnings from moneys paid by any telephone company as part of a settlement agreement between the company and the Public Utilities Commission in fiscal year 1995.
The foregoing appropriation item 935-607, Gates Foundation Grants, shall be used by eTech Ohio to provide professional development to school district principals, superintendents, and other administrative staff for the use of education technology.
Section 287.10. ETH OHIO ETHICS COMMISSION
GRF |
146-321 |
|
Operating Expenses |
|
$ |
1,863,028 |
|
$ |
1,967,275 |
TOTAL GRF General Revenue Fund |
|
$ |
1,863,028 |
|
$ |
1,967,275 |
General Services Fund Group
4M6 |
146-601 |
|
Operating Expenses |
|
$ |
527,543 |
|
$ |
477,543 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
527,543 |
|
$ |
477,543 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,390,571 |
|
$ |
2,444,818 |
Section 289.10. EXP OHIO EXPOSITIONS COMMISSION
GRF |
723-403 |
|
Junior Fair Subsidy |
|
$ |
400,000 |
|
$ |
400,000 |
TOTAL GRF General Revenue Fund |
|
$ |
400,000 |
|
$ |
400,000 |
State Special Revenue Fund Group
4N2 |
723-602 |
|
Ohio State Fair Harness Racing |
|
$ |
520,000 |
|
$ |
520,000 |
506 |
723-601 |
|
Operating Expenses |
|
$ |
13,643,315 |
|
$ |
13,643,315 |
640 |
723-603 |
|
State Fair Reserve |
|
$ |
125,337 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,288,652 |
|
$ |
14,163,315 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,688,652 |
|
$ |
14,563,315 |
The foregoing appropriation item 723-603, State Fair Reserve, shall serve as a budget reserve fund for the Ohio Expositions Commission in the event of a significant decline in attendance because of inclement weather or extraordinary circumstances during the Ohio State Fair resulting in a loss of revenue. The State Fair Reserve Fund (Fund 640) may be used by the Ohio Expositions Commission to pay bills resulting from the Ohio State Fair only if all the following criteria are met:
(A) Admission revenues for the 2007 Ohio State Fair are less than $2,025,000 or the admission revenues for the 2008 Ohio State Fair are less than $2,065,000 because of inclement weather or extraordinary circumstances. These amounts are ninety per cent of the projected revenues for each year.
(B) The Ohio Expositions Commission declares a state of fiscal exigency and requests release of funds from the Director of Budget and Management.
(C) The Director of Budget and Management releases the funds. The Director of Budget and Management may approve or disapprove the request for release of funds, may increase or decrease the amount of release, and may place conditions as the Director considers necessary on the use of the released funds. The Director of Budget and Management may transfer the appropriation from fiscal year 2008 to fiscal year 2009 as needed.
In the event that the Ohio Expositions Commission faces a temporary cash shortage that will preclude it from meeting current obligations, the Commission may request the Director of Budget and Management to approve use of the State Fair Reserve Fund (Fund 640) to meet those obligations. The request shall include a plan describing how the Commission will eliminate the cash shortage. If the Director of Budget and Management approves the expenditures, the Commission shall reimburse the State Fair Reserve Fund (Fund 640) by the thirtieth day of June of that same fiscal year through an intrastate transfer voucher. The amount reimbursed is hereby appropriated.
Section 291.10. GOV OFFICE OF THE GOVERNOR
GRF |
040-321 |
|
Operating Expenses |
|
$ |
3,754,045 |
|
$ |
3,754,045 |
GRF |
040-403 |
|
Federal Relations |
|
$ |
435,443 |
|
$ |
435,443 |
GRF |
040-408 |
|
Office of Veterans' Affairs |
|
$ |
287,000 |
|
$ |
298,000 |
TOTAL GRF General Revenue Fund |
|
$ |
4,476,488 |
|
$ |
4,487,488 |
General Services Fund Group
5AK |
040-607 |
|
Federal Relations |
|
$ |
365,149 |
|
$ |
365,149 |
TOTAL GSF General Services Fund Group |
|
$ |
365,149 |
|
$ |
365,149 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,841,637 |
|
$ |
4,852,637 |
APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR
The Governor may expend a portion of the foregoing
appropriation item 040-321,
Operating Expenses, to hire or appoint
legal counsel to be used in proceedings
involving the Governor in
the Governor's official capacity or the Governor's
office only,
without the approval of the Attorney General, notwithstanding
sections 109.02 and 109.07 of the Revised Code.
A portion of the foregoing appropriation items 040-403, Federal Relations, and 040-607, Federal Relations, may be used to support Ohio's membership in national or regional associations.
The Office of the Governor may charge any state agency of the executive branch using an intrastate transfer voucher such amounts necessary to defray the costs incurred for the conduct of federal relations associated with issues that can be attributed to the agency. Amounts collected shall be deposited to the Office of the Governor Federal Relations Fund (Fund 5AK).
Section 293.10. DOH DEPARTMENT OF HEALTH
GRF |
440-407 |
|
Animal Borne Disease and Prevention |
|
$ |
2,327,101 |
|
$ |
2,327,101 |
GRF |
440-412 |
|
Cancer Incidence Surveillance System |
|
$ |
1,002,619 |
|
$ |
1,002,619 |
GRF |
440-413 |
|
Local Health Department Support |
|
$ |
3,786,794 |
|
$ |
3,786,794 |
GRF |
440-416 |
|
Child and Family Health Services |
|
$ |
9,522,874 |
|
$ |
9,622,874 |
GRF |
440-418 |
|
Immunizations |
|
$ |
9,400,615 |
|
$ |
9,400,615 |
GRF |
440-425 |
|
Abstinence Education |
|
$ |
500,000 |
|
$ |
500,000 |
GRF |
440-431 |
|
Free Clinic Liability Insurance |
|
$ |
250,000 |
|
$ |
250,000 |
GRF |
440-437 |
|
Healthy Ohio |
|
$ |
1,502,618 |
|
$ |
2,855,553 |
GRF |
440-444 |
|
AIDS Prevention and Treatment |
|
$ |
7,158,127 |
|
$ |
7,158,127 |
GRF |
440-446 |
|
Infectious Disease Prevention |
|
$ |
200,000 |
|
$ |
200,000 |
GRF |
440-451 |
|
Lab and Public Health Prevention Programs |
|
$ |
6,085,250 |
|
$ |
6,085,250 |
GRF |
440-452 |
|
Child and Family Health Services Match |
|
$ |
1,024,017 |
|
$ |
1,024,017 |
GRF |
440-453 |
|
Health Care Quality Assurance |
|
$ |
10,253,728 |
|
$ |
10,253,728 |
GRF |
440-454 |
|
Local Environmental Health |
|
$ |
889,752 |
|
$ |
889,752 |
GRF |
440-459 |
|
Help Me Grow |
|
$ |
10,923,397 |
|
$ |
14,041,847 |
GRF |
440-505 |
|
Medically Handicapped Children |
|
$ |
10,791,784 |
|
$ |
10,791,784 |
GRF |
440-507 |
|
Targeted Health Care Services Over 21 |
|
$ |
1,681,023 |
|
$ |
1,681,023 |
GRF |
440-511 |
|
Uncompensated Care and Emergency Medical Assistance |
|
$ |
0 |
|
$ |
3,500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
77,299,699 |
|
$ |
85,371,084 |
General Services Fund Group
142 |
440-646 |
|
Agency Health Services |
|
$ |
3,461,915 |
|
$ |
3,461,915 |
211 |
440-613 |
|
Central Support Indirect Costs |
|
$ |
28,884,707 |
|
$ |
28,884,707 |
473 |
440-622 |
|
Lab Operating Expenses |
|
$ |
4,954,045 |
|
$ |
4,954,045 |
683 |
440-633 |
|
Employee Assistance Program |
|
$ |
1,208,214 |
|
$ |
1,208,214 |
698 |
440-634 |
|
Nurse Aide Training |
|
$ |
170,000 |
|
$ |
170,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
38,678,881 |
|
$ |
38,678,881 |
Federal Special Revenue Fund Group
320 |
440-601 |
|
Maternal Child Health Block Grant |
|
$ |
30,666,635 |
|
$ |
30,666,635 |
387 |
440-602 |
|
Preventive Health Block Grant |
|
$ |
7,826,659 |
|
$ |
7,826,659 |
389 |
440-604 |
|
Women, Infants, and Children |
|
$ |
230,077,451 |
|
$ |
230,077,451 |
391 |
440-606 |
|
Medicaid/Medicare |
|
$ |
24,850,959 |
|
$ |
24,850,959 |
392 |
440-618 |
|
Federal Public Health Programs |
|
$ |
136,778,215 |
|
$ |
136,778,215 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
430,199,919 |
|
$ |
430,199,919 |
State Special Revenue Fund Group
4D6 |
440-608 |
|
Genetics Services |
|
$ |
3,317,000 |
|
$ |
3,317,000 |
4F9 |
440-610 |
|
Sickle Cell Disease Control |
|
$ |
1,035,344 |
|
$ |
1,035,344 |
4G0 |
440-636 |
|
Heirloom Birth Certificate |
|
$ |
5,000 |
|
$ |
5,000 |
4G0 |
440-637 |
|
Birth Certificate Surcharge |
|
$ |
5,000 |
|
$ |
5,000 |
4L3 |
440-609 |
|
Miscellaneous Expenses |
|
$ |
446,468 |
|
$ |
446,468 |
4T4 |
440-603 |
|
Child Highway Safety |
|
$ |
233,894 |
|
$ |
233,894 |
4V6 |
440-641 |
|
Save Our Sight |
|
$ |
1,767,994 |
|
$ |
1,767,994 |
470 |
440-647 |
|
Fee Supported Programs |
|
$ |
27,996,243 |
|
$ |
25,905,140 |
471 |
440-619 |
|
Certificate of Need |
|
$ |
869,000 |
|
$ |
898,000 |
477 |
440-627 |
|
Medically Handicapped Children Audit |
|
$ |
3,693,016 |
|
$ |
3,693,016 |
5B5 |
440-616 |
|
Quality, Monitoring, and Inspection |
|
$ |
838,479 |
|
$ |
838,479 |
5CB |
440-640 |
|
Poison Control Centers |
|
$ |
150,000 |
|
$ |
150,000 |
5CN |
440-645 |
|
Choose Life |
|
$ |
75,000 |
|
$ |
75,000 |
5C0 |
440-615 |
|
Alcohol Testing and Permit |
|
$ |
1,455,405 |
|
$ |
1,455,405 |
5D6 |
440-620 |
|
Second Chance Trust |
|
$ |
1,054,951 |
|
$ |
1,054,951 |
5EC |
440-650 |
|
Health Emergency |
|
$ |
15,312,500 |
|
$ |
0 |
5ED |
440-651 |
|
Smoke Free Indoor Air |
|
$ |
800,000 |
|
$ |
800,000 |
5G4 |
440-639 |
|
Adoption Services |
|
$ |
20,000 |
|
$ |
20,000 |
5L1 |
440-623 |
|
Nursing Facility Technical Assistance Program |
|
$ |
664,282 |
|
$ |
698,595 |
610 |
440-626 |
|
Radiation Emergency Response |
|
$ |
850,000 |
|
$ |
850,000 |
666 |
440-607 |
|
Medically Handicapped Children - County Assessments |
|
$ |
14,320,687 |
|
$ |
14,320,687 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
74,910,263 |
|
$ |
57,569,973 |
Holding Account Redistribution Fund Group
R14 |
440-631 |
|
Vital Statistics |
|
$ |
70,000 |
|
$ |
70,000 |
R48 |
440-625 |
|
Refunds, Grants Reconciliation, and Audit Settlements |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
90,000 |
|
$ |
90,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
621,178,762 |
|
$ |
611,909,857 |
Section 293.20. CHILD AND FAMILY HEALTH SERVICES
Of the foregoing appropriation item 440-416, Child and
Family
Health Services, not more than $1,700,000 in each fiscal year shall be
used for
women's health services.
Of the foregoing appropriation item 440-416, Child and Family
Health
Services, not more than
$270,000 shall be used in each fiscal year for
the OPTIONS dental
care access program.
Of the foregoing appropriation item 440-416, Child and Family
Health Services, $1,900,000 in fiscal year 2008 and $2,150,000 in fiscal year 2009 shall be used by
federally qualified health centers and federally designated
look-alikes to provide services to uninsured low-income persons.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $10,000 in each fiscal year shall be allocated to the Jewish Family Services in Cleveland, $10,000 in each fiscal year shall be allocated to the Jewish Family Services in Cincinnati, $10,000 shall be allocated in each fiscal year to the Jewish Family Services in Columbus, and $10,000 in each fiscal year shall be allocated to the Wexner Heritage Village in Columbus for interpreters for health care.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $10,000 in each fiscal year shall be provided to the Jewish Family Services in Dayton, $5,000 in each fiscal year shall be provided to the Jewish Community Center in Akron, $5,000 in each fiscal year shall be provided to the Jewish Community Center in Sylvania, $2,500 in each fiscal year shall be provided to the Jewish Community Center in Youngstown, and $2,500 in each fiscal year shall be provided to the Jewish Community Center in Canton.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $16,667 in each fiscal year shall be allocated to the Yassenoff Jewish Community Center, $16,667 in each fiscal year shall be allocated to the Jewish Community Center in Cincinnati, and $16,666 in each fiscal year shall be allocated to the Jewish Community Center in Cleveland for children's health and nutrition camp programs.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $16,666 in each fiscal year shall be allocated to the Athens Community Center.
Of the foregoing appropriation item 400-416, Child and Family Health Services, $25,000 in each fiscal year shall be allocated to the Wellness Community of Greater Columbus to provide support services for people with cancer, their families, and caregivers.
Of the foregoing appropriation item 440-416, Child and Family Health Services, $100,000 in each fiscal year shall be allocated to the Compdrug Teen Dating Violence Prevention Project in Franklin County.
Of the foregoing appropriation item, 440-416, Child and Family Health Services, $2,500,000 in each fiscal year shall be used for breast and cervical cancer screenings and services as permitted under the National Breast and Cervical Cancer Early Detection Project.
Section 293.25. COLLEGE PREGNANCY AND PARENTING OFFICES PILOT PROGRAM
(A) As used in this section, "institution of higher education" means a public or private university or college in this state, including a community college or state community college.
(B) The Director of Health shall conduct a pilot program in fiscal year 2009 for the purpose of awarding grants to up to four institutions of higher education to establish and operate on a selected institution's campus an office that provides support to students who are pregnant or who are the parents or legal guardians of one or more minors. Planning for the pilot program shall commence in fiscal year 2008.
(C) An institution of higher education may apply for a grant by completing and submitting an application form supplied by the Director. The Director may require the institution to submit additional information after the Director has reviewed the application.
(D) Before awarding a grant, the Director shall secure a written agreement in which the proposed grantee commits to doing all of the following:
(1) Locating the office described in division (B) of this section on the campus of the institution.
(2) Assessing the institution's performance in both of the following areas:
(a) Offering health insurance plans to students that include coverage for prenatal and postpartum care and riders for the coverage of additional family members;
(b) Providing services or items that meet the needs of students who are pregnant or who are the parents or legal guardians of one or more minors, including family housing, child care, flexible or alternative academic scheduling, education concerning responsible parenting and healthy marriages, maternity and infant clothing, formula and baby food, and baby furniture.
(3) Identifying and establishing programs with public and private service providers located on campus and in the local community that are qualified to meet the needs described in division (D)(2)(b) of this section.
(4) Assisting students in locating and obtaining services that meet the needs described in division (D)(2)(b) of this section.
(5) Providing, on the request of an individual student, referrals for prenatal care and delivery, infant or foster care, or adoption. The office shall make referrals only to persons or governmental entities that primarily serve parents, prospective parents awaiting adoption, pregnant women who plan to parent or place a child for adoption, or married couples or couples that plan on marrying in order to provide a supportive environment for each other and one or more minors.
(6) Providing, by a date determined by the Director, a written report to the Director that itemizes the office's expenditures during the fiscal year and meets the format or form established by the Director under division (E) of this section.
(7) Providing, after the Director's review of the report described in division (D)(6) of this section, any additional information requested by the Director.
(E) The Director shall establish a format or form for the written report that must be provided by an institution under division (D)(6) of this section. In establishing the format or form, the Director shall identify specific performance criteria the institution must address in the report.
(F) The Director may adopt any rules necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(G) Of the foregoing appropriation item 440-416, Child and Family Health Services, $50,000 in fiscal year 2009 shall be used to make grants for the pilot program described in this section.
Section 293.27. As used in this section, "federally qualified health center" means a health center that receives a federal public health services grant under the "Public Health Services Act," 117 Stat. 2020, 42 U.S.C. 254b, as amended, or another health center designated by the U.S. Health Resources and Services Administration as a federally qualified health center.
The Department of Health may establish a pilot program to place two federally qualified health centers within or adjacent to hospital emergency departments. One health center shall be located in or adjacent to a hospital located in an urban area and one health center shall be located in or adjacent to a hospital located in a rural area. If the Department establishes the pilot program, not later than one year after the health centers become operational, the hospital and the health centers shall prepare and submit a report to the Governor and the General Assembly regarding the number of patients that received care at the health centers for nonemergency conditions rather than receiving care at the emergency department.
If the Department does not establish the pilot program not later than one year after the effective date of this section, the Department shall submit a report to the Governor and the General Assembly explaining why it did not do so.
Section 293.30. ABSTINENCE EDUCATION
The foregoing appropriation item 440-425, Abstinence Education, shall be used for abstinence and adoption education. The Director of Health shall develop guidelines for the establishment of abstinence and adoption education programs for teenagers with the purpose of decreasing unplanned pregnancies and abortion. The guidelines shall be developed pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, and shall include, but are not limited to, advertising campaigns and direct training in schools and other locations.
The Department of Health may use $902,618 in fiscal year 2008 and $2,255,553 in fiscal year 2009 in appropriation item 440-437, Healthy Ohio, to complete an inventory of prevention and intervention programs so that it may better target funding to programs to decrease disparities.
Of the foregoing appropriation item 440-437, Healthy Ohio, $100,000 in each fiscal year shall be allocated to the Center for Closing Health Gaps to help with disparities in minority health.
Of the foregoing appropriation item 440-437, Healthy Ohio, $500,000 in each fiscal year shall be used to support evidence-based programs for diabetes management and prevention, utilizing proven behavior change strategies leading to improved levels of routine physical activity and healthy eating habits. The program shall provide screening for diabetes, and for those determined to be at highest risk for diabetes, education on diabetes, diabetes management, physical activity and eating habits, and opportunities for monitored physical activity for adults and families. Grants shall be provided to, but not limited to, the Ohio YMCA State Alliance in collaboration with other community organizations. Each program shall include post program measurements, including, but not limited to, blood sugar testing, participant satisfaction surveys, and participant retention.
HIV/AIDS PREVENTION/TREATMENT
Of the foregoing appropriation item 440-444, AIDS
Prevention
and Treatment, not more than $6.7 million
in each
fiscal year
shall be used to assist persons with HIV/AIDS
in acquiring
HIV-related medications.
INFECTIOUS DISEASE PREVENTION
The foregoing appropriation item 440-446, Infectious
Disease Prevention, shall be
used
for
the purchase of drugs for sexually transmitted diseases.
Of the foregoing appropriation item 440-459, Help Me Grow, $10,423,397 in fiscal year 2008 and $13,741,847 in fiscal year 2009
shall
be used by the Department of Health to distribute subsidies
to
counties to implement
the Help
Me Grow Program.
Appropriation
item 440-459, Help Me Grow, may be
used in
conjunction with
Temporary Assistance
for Needy Families
from the
Department of Job
and Family Services,
Early Intervention funding from the Department of Mental Retardation and Developmental Disabilities,
and in conjunction
with other early
childhood funds and services
to promote the
optimal development of
young children. Local
contracts shall be
developed between local
departments of job and
family services and
family and children
first councils for the
administration of TANF
funding for the Help
Me Grow Program. The
Department of Health
shall enter into an
interagency agreement
with the Department of
Education, Department of Mental Retardation and Developmental Disabilities, Department of Job and Family Services, and Department of Mental Health to ensure that all early childhood programs and initiatives are coordinated
and school linked.
Of the foregoing appropriation item 440-459, Help Me Grow, $500,000 in fiscal year 2008 and $300,000 in fiscal year 2009 shall be used for the establishment of the Autism Diagnosis Education Pilot Program. Not later than December 31, 2008, the Director of Health shall compile and submit to the Governor and the General Assembly a written report describing the action taken under the Autism Diagnosis Education Pilot Program since the effective date of this section.
Not later than December 31, 2009, the Director shall compile and submit to the Governor and the General Assembly a written report describing the action taken under the Pilot Program since December 31, 2008.
TARGETED HEALTH CARE SERVICES OVER 21
In each fiscal year, of the foregoing appropriation item 440-507, Targeted Health Care Services Over 21, $731,023 shall be used to administer the cystic fibrosis program and implement the Hemophilia Insurance Premium Payment Program. These funds also may be used, to the extent that funding is available, to provide up to 18 in-patient hospital days for participants in the cystic fibrosis program. The Department shall expend all of these earmarked funds.
Of the foregoing appropriation item 440-507, Targeted Health Care Services Over 21, $900,000 in each fiscal year shall be used to provide essential medications and to pay the copayments for drugs approved by the Department of Health and covered by Medicare Part D that are dispensed to Bureau for Children with Medical Handicaps (BCMH) participants for the cystic fibrosis program. These funds also may be used, to the extent that funding is available, to provide up to 18 in-patient hospital days for participants in the cystic fibrosis program. The Department shall expend all of these earmarked funds.
UNCOMPENSATED CARE AND EMERGENCY MEDICAL
The foregoing appropriation item 440-511, Uncompensated Care and Emergency Medical Assistance, shall be used to fund programs that provide health care without ability to pay. This is not an entitlement program and services are offered only to the extent that funding is available.
MATERNAL CHILD HEALTH BLOCK GRANT
Of the foregoing appropriation item 440-601, Maternal Child Health Block Grant (Fund 320), $2,091,299 shall be used in each fiscal year for the purposes of abstinence and adoption education. The Director of Health shall develop guidelines for the establishment of abstinence and adoption education programs for teenagers with the purpose of decreasing unplanned pregnancies and abortion. The guidelines shall be developed under Title V of the "Social Security Act," 42 U.S.C. 510, and shall include, but are not limited to, advertising campaigns and direct training in schools and other locations.
The foregoing appropriation item 440-608, Genetics Services
(Fund
4D6), shall be used by the Department of Health to
administer
programs authorized by sections 3701.501 and 3701.502
of the Revised
Code. None of these funds shall be used to counsel
or refer for abortion, except in the case of a medical emergency.
Of the foregoing appropriation item 440-647, Fee Supported Programs (Fund 470), $50,000 in fiscal year 2008 shall be used by the Department to enter into a contract to make hospital performance information available on a web site as required in section 3727.391 of the Revised Code.
MEDICALLY HANDICAPPED CHILDREN AUDIT
The Medically Handicapped Children Audit Fund (Fund 477)
shall receive revenue from audits of hospitals and recoveries
from
third-party payers. Moneys may be expended for payment of
audit
settlements and for costs directly related to obtaining
recoveries
from third-party payers and for encouraging Medically
Handicapped
Children's Program recipients to apply for
third-party benefits.
Moneys also may be expended for payments
for diagnostic and
treatment services on behalf of medically
handicapped children, as
defined in division (A) of section
3701.022 of the Revised Code,
and Ohio residents who are twenty-one
or more years of age and who
are suffering from cystic fibrosis or hemophilia. Moneys may also be expended
for administrative expenses incurred in operating the Medically
Handicapped Children's Program.
TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH
Notwithstanding section 3737.71 of the Revised Code, on July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer $150,000 cash from the State Fire Marshal's Fund (Fund 546) in the Department of Commerce to the Poison Control Fund (Fund 5CB) in the Department of Health. Notwithstanding section 3737.71 of the Revised Code, on July 1, 2008, or as soon as possible thereafter, the Director of Budget and Management shall transfer $150,000 cash from the State Fire Marshal's Fund (Fund 546) in the Department of Commerce to the Poison Control Fund (Fund 5CB) in the Department of Health.
Of the foregoing appropriation item 440-640, Poison Control Centers, in each fiscal year, the poison control centers in the municipal corporations of Cleveland, Cincinnati, and Columbus shall each receive an allocation of $50,000.
SEWAGE TREATMENT SYSTEM INNOVATION
Any revenues deposited to the credit of the Sewage Treatment System Innovation Fund (Fund 5CJ) in accordance with Section 120.02 of this act are hereby appropriated to appropriation item 440-654, Sewage Treatment System Innovation, in the fiscal year in which the revenues are received. On July 1, 2008, or as soon as possible thereafter, the Department of Health shall certify to the Director of Budget and Management the total fiscal year 2008 unencumbered appropriations in appropriation item 440-654, Sewage Treatment System Innovation. The Department of Health may direct the Director of Budget and Management to transfer an amount not to exceed the total fiscal year 2008 unencumbered appropriations to fiscal year 2009 for use in appropriation item 440-654, Sewage Treatment System Innovation. Additional appropriation authority equal to the amount certified by the Department of Health is hereby appropriated to appropriation item 440-654, Sewage Treatment System Innovation, in fiscal year 2009.
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND
PERMIT FUND
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Health, or as otherwise
determined
by the Director of Budget and Management, shall set a schedule to
transfer cash
from the Liquor Control Fund (Fund 043) to the
Alcohol Testing and
Permit Fund (Fund 5C0) to meet the operating
needs of the Alcohol
Testing and Permit program.
The Director of Budget and Management shall transfer to the
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control
Fund (Fund 043) created in section 4301.12 of the Revised Code
such amounts at such times as determined by the transfer schedule.
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS
The foregoing appropriation item 440-607, Medically
Handicapped Children - County Assessments (Fund 666), shall be
used to make
payments under division (E) of section 3701.023
of the
Revised Code.
Section 293.35. HEALTHY OHIO ASSESSMENT
(A) The Department of Health, through the Healthy Ohio program, shall conduct a formal assessment of the Department and the Departments of Job and Family Services, Aging, Alcohol and Drug Addiction Services, Mental Retardation and Developmental Disabilities, Mental Health, Rehabilitation and Correction, and Youth Services to determine their efforts to improve positive health outcomes.
As part of the assessment required by this section, the Department of Health shall assess current practices and offer recommendations for improvements in the following areas:
(1) Specific interventions provided to improve outcomes measured on an individual basis, including measures taken to identify those in need of care, coordinate their care, and provide direct service interventions.
(2) Cost of the care provided per individual served each fiscal year, including administrative and infrastructure costs;
(3) How money is tied to specific work completion with a basis for positive impact and positive outcomes and steps each department is making to ensure the people most at-risk receive the interventions;
(4) Strategies used in each department to eliminate service duplication, especially in the area of care coordination.
(B) As part of its assessment, the Department of Health shall consult with associations representing health care providers, business interests, consumer advocates, insurance companies, and other interested parties affected by improved outcomes funding models.
(C) The Department of Health shall produce written reports of its assessment based on the areas of review listed in division (A) of this section. The Department may collaborate with one or more of the interested parties named in division (B) of this section with substantial experience in the areas the Department is required to assess. The report shall be submitted to the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate.
The Department shall submit its first report of the assessment not later than February 1, 2008. The Department shall submit its final report of the assessment not later than January 1, 2009.
Section 293.40. NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM
The Director of Budget and Management shall transfer, on July 1, 2007, or as soon as possible thereafter, cash from Fund 4E3, Resident Protection Fund, in the Ohio Department of Job and Family Services, to Fund 5L1, Nursing Facility Technical Assistance Program Fund, in the Ohio Department of Health, to be used under section 3721.026 of the Revised Code. The transfers shall equal $410,111 in fiscal year 2008 and $698,595 in fiscal year 2009.
CASH TRANSFER FROM FEDERAL PUBLIC HEALTH PROGRAMS FUND TO AGENCY HEALTH SERVICES FUND
As soon as possible on or after July 1, 2007, the Director of Health shall certify to the Director of Budget and Management the amount of cash to be transferred from the Federal Public Health Programs Fund (Fund 392) to the Agency Health Services Fund (Fund 142) to meet the operating needs of the Vital Statistics Program. The Director of Budget and Management shall transfer the amount certified.
Section 293.50. TASK FORCE TO STUDY CANCER DEATH RATES AMONG AFRICAN AMERICANS IN OHIO
(A) There is hereby created in the Department of Health the Task Force to Study Cancer Death Rates Among African Americans in Ohio. Members of the task force shall include:
(1) The directors of the following institutions or the directors' designees:
(a) The Cleveland Clinic Taussig Cancer Center;
(b) The Case Comprehensive Cancer Center;
(c) The Ohio State University Comprehensive Cancer Center;
(d) The University Hospitals of Cleveland;
(e) The University of Cincinnati.
(2) The following individuals:
(a) A representative of the American Cancer Society selected by the governing body of that society;
(b) The President of the Cleveland Medical Association or the President's designee;
(c) Two additional members appointed by the Director of Health.
(B) The members of the Task Force shall choose two co-chairpersons from among the members of the Task Force.
Not later than one year after the effective date of this section the Task Force shall submit a report to the members of the General Assembly identifying root causes and proposed solutions to the problem that the cancer death rate among African Americans in Ohio is thirty-two per cent higher than the cancer death rate among Caucasians in Ohio. On submitting the report, the Task Force shall cease to exist.
Section 295.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION
461 |
372-601 |
|
Operating Expenses |
|
$ |
16,819 |
|
$ |
16,819 |
TOTAL AGY Agency Fund Group |
|
$ |
16,819 |
|
$ |
16,819 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,819 |
|
$ |
16,819 |
Section 297.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS
GRF |
148-100 |
|
Personal Services |
|
$ |
160,121 |
|
$ |
167,156 |
GRF |
148-200 |
|
Maintenance |
|
$ |
40,000 |
|
$ |
40,000 |
GRF |
148-402 |
|
Community Projects |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GRF General Revenue Fund |
|
$ |
700,121 |
|
$ |
707,156 |
General Services Fund Group
601 |
148-602 |
|
Gifts and Miscellaneous |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
20,000 |
|
$ |
20,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
720,121 |
|
$ |
727,156 |
Section 299.10. OHS OHIO HISTORICAL SOCIETY
GRF |
360-501 |
|
Operating Subsidy |
|
$ |
3,649,244 |
|
$ |
3,649,252 |
GRF |
360-502 |
|
Site and Museum Operations |
|
$ |
8,501,781 |
|
$ |
8,501,788 |
GRF |
360-504 |
|
Ohio Preservation Office |
|
$ |
417,516 |
|
$ |
415,381 |
GRF |
360-505 |
|
National Afro-American Museum |
|
$ |
754,884 |
|
$ |
754,884 |
GRF |
360-506 |
|
Hayes Presidential Center |
|
$ |
514,323 |
|
$ |
514,323 |
GRF |
360-508 |
|
State Historical Grants |
|
$ |
853,000 |
|
$ |
775,000 |
TOTAL GRF General Revenue Fund |
|
$ |
14,690,748 |
|
$ |
14,610,628 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,690,748 |
|
$ |
14,610,628 |
Upon approval by the Director of Budget and Management, the
foregoing appropriation items shall be released to the Ohio
Historical Society in quarterly amounts that in total do not
exceed the annual appropriations. The funds and fiscal records
of
the society for fiscal years 2008 and 2009 shall be examined
by
independent certified public accountants approved by the
Auditor
of State, and a copy of the audited financial statements
shall be
filed with the Office of Budget and Management. The
society shall
prepare and submit to the
Office of Budget and Management the
following:
(A) An estimated operating budget for each fiscal year of
the biennium. The operating budget shall be submitted at or near
the beginning of each calendar year.
(B) Financial reports, indicating actual receipts and
expenditures for the fiscal year to date. These reports shall be
filed at least semiannually during the fiscal biennium.
The foregoing appropriations shall be considered to be the
contractual consideration provided by the state to support the
state's offer
to contract with the Ohio Historical Society under
section 149.30 of
the Revised Code.
Of the foregoing appropriation item 360-501, Operating Subsidy, $300,000 in each fiscal year shall be used for the State Archives, Library, and Artifact Collections program.
HAYES PRESIDENTIAL CENTER
If a United States government agency, including, but not
limited to, the
National Park Service, chooses to take over the
operations or maintenance
of the Hayes Presidential Center, in
whole or in part, the Ohio Historical
Society shall
make
arrangements with the National Park Service or other United States
government agency for the
efficient transfer of operations or
maintenance.
Of the foregoing appropriation item 360-508, State Historical Grants, $60,000 in fiscal year 2008 shall be distributed to the Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be distributed to the Center for Holocaust and Humanity Education located at the Hebrew Union College-Jewish Institute of Religion in Cincinnati, $350,000 in each fiscal year shall be distributed to the Western Reserve Historical Society, $350,000 in each fiscal year shall be distributed to the Cincinnati Museum Center, and up to $18,000 in fiscal year 2008 shall be distributed to the Muskingum River Underground Railroad Historic Marker Project.
The Ohio Historical Society shall not charge or retain an administrative, service, or processing fee for distributing money that the General Assembly appropriates to the Society for grants or subsidies that the Society provides to other entities for their site-related programs.
Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES
GRF |
025-321 |
|
Operating Expenses |
|
$ |
20,574,568 |
|
$ |
20,574,568 |
TOTAL GRF General Revenue Fund |
|
$ |
20,574,568 |
|
$ |
20,574,568 |
General Services Fund Group
103 |
025-601 |
|
House Reimbursement |
|
$ |
1,433,664 |
|
$ |
1,433,664 |
4A4 |
025-602 |
|
Miscellaneous Sales |
|
$ |
37,849 |
|
$ |
37,849 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,471,513 |
|
$ |
1,471,513 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
22,046,081 |
|
$ |
22,046,081 |
On July 1, 2007, or as soon as possible thereafter, the Chief Administrative Officer of the House of Representatives shall certify to the Director of Budget and Management the total fiscal year 2007 unencumbered appropriations in appropriation item 025-321, Operating Expenses. The Chief Administrative Officer may direct the Director of Budget and Management to transfer an amount not to exceed the total fiscal year 2007 unencumbered appropriations to fiscal year 2008 for use within appropriation item 025-321, Operating Expenses. Additional appropriation authority equal to the amount certified by the Chief Administrative Officer is hereby appropriated to appropriation item 025-321, Operating Expenses, in fiscal year 2008.
On July 1, 2008, or as soon as possible thereafter, the Chief Administrative Officer of the House of Representatives shall certify to the Director of Budget and Management the total fiscal year 2008 unencumbered appropriations in appropriation item 025-321, Operating Expenses. The Chief Administrative Officer may direct the Director of Budget and Management to transfer an amount not to exceed the total fiscal year 2008 unencumbered appropriations to fiscal year 2009 for use within appropriation item 025-321, Operating Expenses. Additional appropriation authority equal to the amount certified by the Chief Administrative Officer is hereby appropriated to appropriation item 025-321, Operating Expenses, in fiscal year 2009.
Section 303.10. HFA OHIO HOUSING FINANCE AGENCY
5AZ |
997-601 |
|
Housing Finance Agency Personal Services |
|
$ |
9,750,953 |
|
$ |
10,237,491 |
TOTAL AGY Agency Fund Group |
|
$ |
9,750,953 |
|
$ |
10,237,491 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
9,750,953 |
|
$ |
10,237,491 |
Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL
GRF |
965-321 |
|
Operating Expenses |
|
$ |
1,367,372 |
|
$ |
1,437,901 |
TOTAL GRF General Revenue Fund |
|
$ |
1,367,372 |
|
$ |
1,437,901 |
General Services Fund Group
4Z3 |
965-602 |
|
Special Investigations |
|
$ |
425,000 |
|
$ |
425,000 |
TOTAL GSF General Services Fund Group |
|
$ |
425,000 |
|
$ |
425,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,792,372 |
|
$ |
1,862,901 |
Section 307.10. INS DEPARTMENT OF INSURANCE
Federal Special Revenue Fund Group
3U5 |
820-602 |
|
OSHIIP Operating Grant |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
TOTAL FED Federal Special
|
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
State Special Revenue Fund Group
554 |
820-601 |
|
Operating Expenses - OSHIIP |
|
$ |
553,750 |
|
$ |
569,269 |
554 |
820-606 |
|
Operating Expenses |
|
$ |
23,350,236 |
|
$ |
23,802,797 |
555 |
820-605 |
|
Examination |
|
$ |
7,639,581 |
|
$ |
7,868,768 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
31,543,567 |
|
$ |
32,240,834 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
32,643,567 |
|
$ |
33,340,834 |
MARKET CONDUCT EXAMINATION
When conducting a market conduct examination of any insurer
doing business in this state, the Superintendent of Insurance may
assess the costs of the examination against the insurer. The
superintendent may enter into consent agreements to impose
administrative assessments or fines for conduct discovered that
may be violations of statutes or rules administered by the
superintendent. All costs, assessments, or fines collected shall
be deposited to the credit of the Department of Insurance
Operating Fund (Fund 554).
EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES
The Director of Budget and Management, at the request of the Superintendent of Insurance, may transfer funds from the
Department of Insurance Operating Fund (Fund 554), established by
section 3901.021 of the Revised Code, to the Superintendent's
Examination Fund (Fund 555), established by section 3901.071 of
the
Revised Code, only for expenses incurred in
examining
domestic
fraternal benefit societies as required by
section
3921.28 of the
Revised Code.
TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND
Not later than the thirty-first day of July each fiscal year, the Director of Budget and Management shall transfer $5,000,000 from the Department of Insurance Operating Fund to the General Revenue Fund.
Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
GRF |
600-321 |
|
Support Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
50,785,978 |
|
$ |
52,571,413 |
|
|
|
Federal |
|
$ |
10,460,286 |
|
$ |
11,290,237 |
|
|
|
Support Services Total |
|
$ |
61,246,264 |
|
$ |
63,861,650 |
GRF |
600-410 |
|
TANF State |
|
$ |
272,619,061 |
|
$ |
272,619,061 |
GRF |
600-413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
84,120,596 |
|
$ |
84,120,596 |
GRF |
600-416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
115,383,181 |
|
$ |
116,419,033 |
|
|
|
Federal |
|
$ |
21,488,920 |
|
$ |
21,192,117 |
|
|
|
Computer Projects Total |
|
$ |
136,872,101 |
|
$ |
137,611,150 |
GRF |
600-417 |
|
Medicaid Provider Audits |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
GRF |
600-420 |
|
Child Support Administration |
|
$ |
8,541,446 |
|
$ |
10,641,446 |
GRF |
600-421 |
|
Office of Family Stability |
|
$ |
4,614,932 |
|
$ |
4,614,932 |
GRF |
600-423 |
|
Office of Children and Families |
|
$ |
5,650,000 |
|
$ |
5,900,000 |
GRF |
600-425 |
|
Office of Ohio Health Plans |
|
|
|
|
|
|
|
|
|
State |
|
$ |
22,500,000 |
|
$ |
22,500,000 |
|
|
|
Federal |
|
$ |
23,324,848 |
|
$ |
23,418,368 |
|
|
|
Office of Ohio Health Plans Total |
|
$ |
45,824,848 |
|
$ |
45,918,368 |
GRF |
600-502 |
|
Administration - Local |
|
$ |
34,014,103 |
|
$ |
34,014,103 |
GRF |
600-511 |
|
Disability Financial Assistance |
|
$ |
22,128,480 |
|
$ |
25,335,908 |
GRF |
600-512 |
|
Non-TANF Disaster Assistance |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
600-521 |
|
Entitlement Administration - Local |
|
$ |
130,000,000 |
|
$ |
130,000,000 |
GRF |
600-523 |
|
Children and Families Services |
|
$ |
78,115,135 |
|
$ |
78,115,135 |
GRF |
600-525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
State |
|
$ |
3,420,852,719 |
|
$ |
3,547,124,242 |
|
|
|
Federal |
|
$ |
5,208,659,435 |
|
$ |
5,714,381,823 |
|
|
|
Health Care Total |
|
$ |
8,629,512,154 |
|
$ |
9,261,506,065 |
GRF |
600-526 |
|
Medicare Part D |
|
$ |
254,397,401 |
|
$ |
271,854,640 |
GRF |
600-528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
37,520,466 |
|
$ |
43,978,301 |
|
|
|
Federal |
|
$ |
41,304,043 |
|
$ |
49,196,065 |
|
|
|
Adoption Services Total |
|
$ |
78,824,509 |
|
$ |
93,174,366 |
GRF |
600-534 |
|
Adult Protective Services |
|
$ |
500,000 |
|
$ |
500,000 |
TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,544,743,498 |
|
$ |
4,703,308,810 |
|
|
|
Federal |
|
$ |
5,305,237,532 |
|
$ |
5,819,478,610 |
|
|
|
GRF Total |
|
$ |
9,849,981,030 |
|
$ |
10,522,787,420 |
General Services Fund Group
4A8 |
600-658 |
|
Child Support Collections |
|
$ |
26,680,794 |
|
$ |
26,680,794 |
4R4 |
600-665 |
|
BCII Services/Fees |
|
$ |
36,974 |
|
$ |
36,974 |
5BG |
600-653 |
|
Managed Care Assessment |
|
$ |
210,655,034 |
|
$ |
222,667,304 |
5C9 |
600-671 |
|
Medicaid Program Support |
|
$ |
80,120,048 |
|
$ |
80,120,048 |
5DL |
600-639 |
|
Medicaid Revenue and Collections |
|
$ |
51,966,785 |
|
$ |
56,296,844 |
5N1 |
600-677 |
|
County Technologies |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
5P5 |
600-692 |
|
Health Care Services |
|
$ |
93,000,000 |
|
$ |
62,000,000 |
613 |
600-645 |
|
Training Activities |
|
$ |
135,000 |
|
$ |
135,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
463,594,635 |
|
$ |
448,936,964 |
Federal Special Revenue Fund Group
3AW |
600-675 |
|
Faith Based Initiatives |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3A2 |
600-641 |
|
Emergency Food Distribution |
|
$ |
2,900,000 |
|
$ |
3,500,000 |
3D3 |
600-648 |
|
Children's Trust Fund Federal |
|
$ |
2,040,524 |
|
$ |
2,040,524 |
3F0 |
600-623 |
|
Health Care Federal |
|
$ |
1,209,188,383 |
|
$ |
1,211,196,561 |
3F0 |
600-650 |
|
Hospital Care Assurance Match |
|
$ |
343,239,047 |
|
$ |
343,239,047 |
3G5 |
600-655 |
|
Interagency Reimbursement |
|
$ |
1,469,763,073 |
|
$ |
1,513,855,965 |
3H7 |
600-617 |
|
Child Care Federal |
|
$ |
207,269,463 |
|
$ |
200,167,593 |
3N0 |
600-628 |
|
IV-E Foster Care Maintenance |
|
$ |
153,963,142 |
|
$ |
153,963,142 |
3S5 |
600-622 |
|
Child Support Projects |
|
$ |
534,050 |
|
$ |
534,050 |
3V0 |
600-688 |
|
Workforce Investment Act |
|
$ |
232,568,453 |
|
$ |
233,082,144 |
3V4 |
600-678 |
|
Federal Unemployment Programs |
|
$ |
147,411,858 |
|
$ |
152,843,414 |
3V4 |
600-679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
3,092,890 |
|
$ |
3,191,862 |
3V6 |
600-689 |
|
TANF Block Grant |
|
$ |
1,037,739,200 |
|
$ |
1,085,861,099 |
3W3 |
600-659 |
|
TANF/Title XX Transfer |
|
$ |
10,081,377 |
|
$ |
6,672,366 |
327 |
600-606 |
|
Child Welfare |
|
$ |
48,514,502 |
|
$ |
47,947,309 |
331 |
600-686 |
|
Federal Operating |
|
$ |
53,963,318 |
|
$ |
56,263,225 |
384 |
600-610 |
|
Food Stamps and State Administration |
|
$ |
160,237,060 |
|
$ |
153,147,118 |
385 |
600-614 |
|
Refugee Services |
|
$ |
10,196,547 |
|
$ |
11,057,826 |
395 |
600-616 |
|
Special Activities/Child and Family Services |
|
$ |
5,723,131 |
|
$ |
5,717,151 |
396 |
600-620 |
|
Social Services Block Grant |
|
$ |
114,479,464 |
|
$ |
114,474,085 |
396 |
600-651 |
|
Second Harvest Food Banks |
|
$ |
5,500,000 |
|
$ |
5,500,000 |
397 |
600-626 |
|
Child Support |
|
$ |
303,661,307 |
|
$ |
303,538,962 |
398 |
600-627 |
|
Adoption Maintenance/
Administration |
|
$ |
318,172,168 |
|
$ |
317,483,676 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,841,238,957 |
|
$ |
5,926,277,119 |
State Special Revenue Fund Group
198 |
600-647 |
|
Children's Trust Fund |
|
$ |
6,788,522 |
|
$ |
6,788,522 |
4A9 |
600-607 |
|
Unemployment Compensation Administration Fund |
|
$ |
12,273,062 |
|
$ |
12,188,996 |
4A9 |
600-694 |
|
Unemployment Compensation Review Commission |
|
$ |
1,726,938 |
|
$ |
1,811,004 |
4E3 |
600-605 |
|
Nursing Home Assessments |
|
$ |
4,759,914 |
|
$ |
4,759,914 |
4E7 |
600-604 |
|
Child and Family Services Collections |
|
$ |
300,000 |
|
$ |
300,000 |
4J5 |
600-613 |
|
Nursing Facility Bed Assessments |
|
$ |
34,613,984 |
|
$ |
34,613,984 |
4J5 |
600-618 |
|
Residential State Supplement Payments |
|
$ |
15,700,000 |
|
$ |
15,700,000 |
4K1 |
600-621 |
|
ICF/MR Bed Assessments |
|
$ |
19,332,437 |
|
$ |
19,332,437 |
4R3 |
600-687 |
|
Banking Fees |
|
$ |
800,000 |
|
$ |
800,000 |
4Z1 |
600-625 |
|
HealthCare Compliance |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
5DB |
600-637 |
|
Military Injury Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
5ES |
600-630 |
|
Food Assistance |
|
$ |
500,000 |
|
$ |
500,000 |
5F2 |
600-667 |
|
Building Consolidation |
|
$ |
250,000 |
|
$ |
250,000 |
5F3 |
600-668 |
|
Building Consolidation |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
5Q9 |
600-619 |
|
Supplemental Inpatient Hospital Payments |
|
$ |
56,125,998 |
|
$ |
56,125,998 |
5R2 |
600-608 |
|
Medicaid-Nursing Facilities |
|
$ |
175,000,000 |
|
$ |
175,000,000 |
5S3 |
600-629 |
|
MR/DD Medicaid
Administration and Oversight |
|
$ |
1,620,960 |
|
$ |
1,620,960 |
5U3 |
600-654 |
|
Health Care Services Administration |
|
$ |
9,867,284 |
|
$ |
12,000,349 |
5U6 |
600-663 |
|
Children and Family Support |
|
$ |
4,928,718 |
|
$ |
4,928,718 |
5Z9 |
600-672 |
|
TANF Quality Control Reinvestments |
|
$ |
520,971 |
|
$ |
546,254 |
651 |
600-649 |
|
Hospital Care Assurance
Program Fund |
|
$ |
231,893,404 |
|
$ |
231,893,404 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
590,002,192 |
|
$ |
592,160,540 |
192 |
600-646 |
|
Support Intercept - Federal |
|
$ |
110,000,000 |
|
$ |
110,000,000 |
5B6 |
600-601 |
|
Food Stamp Intercept |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
583 |
600-642 |
|
Support Intercept - State |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
128,000,000 |
|
$ |
128,000,000 |
Holding Account Redistribution Fund Group
R12 |
600-643 |
|
Refunds and Audit Settlements |
|
$ |
3,600,000 |
|
$ |
3,600,000 |
R13 |
600-644 |
|
Forgery Collections |
|
$ |
10,000 |
|
$ |
10,000 |
TOTAL 090 Holding Account Redistribution Fund Group |
|
$ |
3,610,000 |
|
$ |
3,610,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
16,876,426,814 |
|
$ |
17,621,772,043 |
Section 309.20. SUPPORT SERVICES
Section 309.20.10. GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES
Of the foregoing appropriation item 600-321, Support Services, up to $312,500 per fiscal year may be used to support the activities of the Governor's Office of Faith-Based and Community Initiatives.
Section 309.20.15. OPERATIONS INDUSTRIALIZATION CENTERS
Of the foregoing appropriation item 600-321, Support Services, $75,000 in each fiscal year shall be provided to the Operations Industrialization Centers of Clark County.
Section 309.20.30. AGENCY FUND GROUP
The Agency Fund
Group and Holding Account Redistribution Fund Group shall be used to hold revenues until
the
appropriate fund is determined or until the revenues are directed to
the appropriate
governmental agency other than the Department of
Job and Family Services. If
it is determined that
additional
appropriation authority is necessary, such amounts are
hereby
appropriated.
Section 309.30.05. ELECTRONIC MEDICAID APPLICATIONS
The Department of Job and Family Services shall assist county departments of job and family services to develop and obtain electronic databases and other necessary systems through a competitive process to comply with section 5111.017 of the Revised Code.
Section 309.30.10. HEALTH CARE/MEDICAID
The foregoing appropriation item 600-525, Health Care/Medicaid, shall not be limited by section 131.33 of the Revised Code.
Section 309.30.13. CHILDREN'S HOSPITALS
(A) As used in this section:
"Children's hospital" means a hospital that primarily serves patients eighteen years of age and younger and is excluded from Medicare prospective payment in accordance with 42 C.F.R. 412.23(d).
"Medicaid inpatient cost-to-charge ratio" means the historic Medicaid inpatient cost-to-charge ratio applicable to a hospital as described in rules adopted by the Director of Job and Family Services in paragraph (B)(2) of rule 5101:3-2-22 of the Administrative Code.
(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of the Administrative Code and except as provided in division (C) of this section, the Director of Job and Family Services shall pay a children's hospital that meets the criteria in paragraphs (E)(1) and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each cost outlier claim made in fiscal years 2008 and 2009, an amount that is the product of the hospital's allowable charges and the hospital's Medicaid inpatient cost-to-charge ratio.
(C) The Director of Job and Family Services shall cease paying a children's hospital for a cost outlier claim under the methodology in division (B) of this section and revert to paying the hospital for such a claim according to methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code, as applicable, when the difference between the total amount the Director has paid according to the methodology in division (B) of this section for such claims and the total amount the Director would have paid according to the methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code, as the applicable paragraph existed on June 30, 2007, for such claims, exceeds the sum of the state funds and corresponding federal match earmarked in division (F) of this section for the applicable fiscal year.
(D) The Director of Job and Family Services shall make supplemental Medicaid payments to hospitals for inpatient services under a program modeled after the program the Department of Job and Family Services was required to create for fiscal years 2006 and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th General Assembly if the difference between the total amount the Director has paid according to the methodology in division (B) of this section for cost outlier claims and the total amount the Director would have paid according to the methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code for such claims, as the applicable paragraph existed on June 30, 2007, does not require the expenditure of all state and federal funds earmarked in division (F) of this section for the applicable fiscal year.
(E) The Director of Job and Family Services shall not adopt, amend, or rescind any rules that would result in decreasing the amount paid to children's hospitals under division (B) of this section for cost outlier claims.
(F)
Of the foregoing appropriation item, 600-525, Health Care/Medicaid, up to $6 million (state share) in each fiscal year plus the corresponding federal match, if available, shall be used by the Department to pay the amounts described in division (B) of this section.
Section 309.30.16. MEDICAID RESERVE FUND
The Medicaid Reserve Fund is hereby created in the state treasury.
Not later than July 31, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer, for fiscal year 2008, $120,000,000 in cash from the General Revenue Fund to the Medicaid Reserve Fund.
If at any time during fiscal year 2008 the Director of Budget and Management determines that additional appropriations are needed in appropriation item 600-525, Health Care/Medicaid, to fund the Medicaid Program, the Director of Budget and Management may submit a request to the Controlling Board to transfer cash from the Medicaid Reserve Fund. The request shall state the reasons for the transfer and the additional amounts being requested. The request shall be submitted at a regularly scheduled meeting of the Controlling Board. If the Controlling Board approves the transfer, the Director of Budget and Management shall transfer the approved amount of cash from the Medicaid Reserve Fund to the General Revenue Fund and increase the state share of appropriations in appropriation item 600-525, Health Care/Medicaid, and adjust the federal share accordingly. Any such transfers and adjustments are hereby appropriated.
At the end of fiscal year 2008, the Director of Budget and Management shall transfer from the Medicaid Reserve Fund all the cash balance, including any interest earnings, in excess of any transfers approved by the Controlling Board to the credit of the General Revenue Fund. The Director of Budget and Management shall make transfers to the Budget Stabilization Fund or the Income Tax Reduction Fund in accordance with section 131.44 of the Revised Code.
Not later than July 31, 2008, or as soon as possible thereafter, the Director of Budget and Management shall transfer, for fiscal year 2009, $205,000,000 in cash from the General Revenue Fund to the Medicaid Reserve Fund.
If at any time during fiscal year 2009 the Director of Budget and Management determines that additional appropriations are needed in appropriation item 600-525, Health Care/Medicaid, to fund the Medicaid Program, the Director of Budget and Management may submit a request to the Controlling Board to transfer cash from the Medicaid Reserve Fund. The request shall state the reasons for the transfer and the additional amounts being requested. The request shall be submitted at a regularly scheduled meeting of the Controlling Board. If the Controlling Board approves the transfer, the Director of Budget and Management shall transfer the approved amount of cash from the Medicaid Reserve Fund to the General Revenue Fund and increase the state share of appropriations in appropriation item 600-525, Health Care/Medicaid, and adjust the federal share accordingly. Any such transfers and adjustments are hereby appropriated.
At the end of fiscal year 2009, the Director of Budget and Management shall transfer from the Medicaid Reserve Fund all the cash balance, including any interest earnings, in excess of any transfers approved by the Controlling Board to the credit of the General Revenue Fund. The Director of Budget and Management shall make transfers to the Budget Stabilization Fund and the Income Tax Reduction Fund in accordance with section 131.44 of the Revised Code.
Section 309.30.18. MEDICAID PROVIDER AUDITS
Of the foregoing appropriation item 600-417, Medicaid Provider Audits, $2,000,000 each fiscal year shall be used by the Auditor of State, in consultation with the Department of Job and Family Services, to perform audits of providers of Medicaid services as defined in section 117.10 of the Revised Code.
Section 309.30.20. FISCAL YEAR 2008 MEDICAID REIMBURSEMENT SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility," and "provider" have the same meanings as in section 5111.20 of the Revised Code.
"Nursing facility services" means nursing facility services covered by the Medicaid program that a nursing facility provides to a resident of the nursing facility who is a Medicaid recipient eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the provider of a nursing facility that has a valid Medicaid provider agreement on June 30, 2007, and a valid Medicaid provider agreement during fiscal year 2008 shall be paid, for nursing facility services the nursing facility provides during fiscal year 2008, the rate calculated for the nursing facility under sections 5111.20 to 5111.33 of the Revised Code with the following adjustments:
(1) The cost per case mix-unit calculated under section 5111.231 of the Revised Code, the rate for ancillary and support costs calculated under section 5111.24 of the Revised Code, the rate for capital costs calculated under section 5111.25 of the Revised Code, and the rate for tax costs calculated under section 5111.242 of the Revised Code shall each be adjusted as follows:
(a) Increase the cost and rates so calculated by two per cent;
(b) Increase the cost and rates determined under division (B)(1)(a) of this section by two per cent;
(c) Increase the cost and rates determined under division (B)(1)(b) of this section by two and eight-tenths per cent.
(2) The mean payment used in the calculation of the quality incentive payment made under section 5111.244 of the Revised Code shall be, weighted by Medicaid days, three dollars and six cents per Medicaid day.
(C) If the rate determined for a nursing facility under division (B) of this section for nursing facility services provided during fiscal year 2008 is more than one hundred nine and eighty-five hundredths per cent of the rate the provider is paid for nursing facility services the nursing facility provides on June 30, 2007, the Department of Job and Family Services shall reduce the nursing facility's fiscal year 2008 rate so that the rate is not more than one hundred nine and eighty-five hundredths per cent of the nursing facility's rate for June 30, 2007. If the rate determined for a nursing facility under division (B) of this section for nursing facility services provided during fiscal year 2008 is less than the rate the provider is paid for nursing facility services the nursing facility provides on June 30, 2007, the Department shall increase the nursing facility's fiscal year 2008 rate so that the rate is not less than the nursing facility's rate for June 30, 2007.
(D) If the United States Centers for Medicare and Medicaid Services requires that the franchise permit fee be reduced or eliminated, the Department of Job and Family Services shall reduce the amount it pays providers of nursing facility services under this section as necessary to reflect the loss to the state of the revenue and federal financial participation generated from the franchise permit fee.
(E) The Department of Job and Family Services shall follow this section in determining the rate to be paid to the provider of a nursing facility that has a valid Medicaid provider agreement on June 30, 2007, and a valid Medicaid provider agreement during fiscal year 2008 notwithstanding anything to the contrary in sections 5111.20 to 5111.33 of the Revised Code.
Section 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility," and "provider" have the same meanings as in section 5111.20 of the Revised Code.
"Nursing facility services" means nursing facility services covered by the Medicaid program that a nursing facility provides to a resident of the nursing facility who is a Medicaid recipient eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the provider of a nursing facility that has a valid Medicaid provider agreement on June 30, 2008, and a valid Medicaid provider agreement during fiscal year 2009 shall be paid, for nursing facility services the nursing facility provides during fiscal year 2009, the rate calculated for the nursing facility under sections 5111.20 to 5111.33 of the Revised Code with the following adjustments:
(1) The cost per case mix-unit calculated under section 5111.231 of the Revised Code, the rate for ancillary and support costs calculated under section 5111.24 of the Revised Code, the rate for capital costs calculated under section 5111.25 of the Revised Code, and the rate for tax costs calculated under section 5111.242 of the Revised Code shall each be adjusted as follows:
(a) Increase the cost and rates so calculated by two per cent;
(b) Increase the cost and rates determined under division (B)(1)(a) of this section by two per cent;
(c) Increase the cost and rates determined under division (B)(1)(b) of this section by two and eight-tenths per cent;
(d) Increase the cost and rates determined under division (B)(1)(c) of this section by one half of a per cent.
(2) The mean payment used in the calculation of the quality incentive payment made under section 5111.244 of the Revised Code shall be, weighted by Medicaid days, three dollars and twelve cents per Medicaid day.
(C) If the rate determined for a nursing facility under division (B) of this section for nursing facility services provided during fiscal year 2009 is more than the rate the provider is paid for nursing facility services the nursing facility provides on June 30, 2008, the Department of Job and Family Services shall reduce the nursing facility's fiscal year 2009 rate so that the rate is not more than the nursing facility's rate for June 30, 2008. If the rate determined for a nursing facility under division (B) of this section for nursing facility services provided during fiscal year 2009 is less than the rate the provider is paid for nursing facility services the nursing facility provides on June 30, 2008, the Department shall increase the nursing facility's fiscal year 2009 rate so that the rate is not less than the nursing facility's rate for June 30, 2008.
(D) If the United States Centers for Medicare and Medicaid Services requires that the franchise permit fee be reduced or eliminated, the Department of Job and Family Services shall reduce the amount it pays providers of nursing facility services under this section as necessary to reflect the loss to the state of the revenue and federal financial participation generated from the franchise permit fee.
(E) The Department of Job and Family Services shall follow this section in determining the rate to be paid to the provider of a nursing facility that has a valid Medicaid provider agreement on June 30, 2008, and a valid Medicaid provider agreement during fiscal year 2009 notwithstanding anything to the contrary in sections 5111.20 to 5111.33 of the Revised Code.
Section 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID REIMBURSEMENT SYSTEM FOR ICFs/MR
(A) As used in this section:
"Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
"Medicaid days" means all days during which a resident who is a Medicaid recipient occupies a bed in an intermediate care facility for the mentally retarded that is included in the facility's Medicaid-certified capacity. Therapeutic or hospital leave days for which payment is made under section 5111.33 of the Revised Code are considered Medicaid days proportionate to the percentage of the intermediate care facility for the mentally retarded's per resident per day rate paid for those days.
"Per diem rate" means the per diem rate calculated pursuant to sections 5111.20 to 5111.33 of the Revised Code.
(B) Notwithstanding sections 5111.20 to 5111.33 of the Revised Code, rates paid to intermediate care facilities for the mentally retarded under the Medicaid program shall be subject to the following limitations:
(1) For fiscal year 2008, the mean total per diem rate for all intermediate care facilities for the mentally retarded in the state, weighted by May 2007 Medicaid days and calculated as of July 1, 2007, shall not exceed $266.14.
(2) For fiscal year 2009, the mean total per diem rate for all intermediate care facilities for the mentally retarded in the state, weighted by May 2008 Medicaid days and calculated as of July 1, 2008, shall not exceed $271.46.
(3) If the mean total per diem rate for all intermediate care facilities for the mentally retarded in the state for fiscal year 2008 or 2009, weighted by Medicaid days as specified in division (B)(1) or (2) of this section, as appropriate, and calculated as of the first day of July of the calendar year in which the fiscal year begins, exceeds the amount specified in division (B)(1) or (2) of this section, as applicable, the Department of Job and Family Services shall reduce the total per diem rate for each intermediate care facility for the mentally retarded in the state by a percentage that is equal to the percentage by which the mean total per diem rate exceeds the amount specified in division (B)(1) or (2) of this section for that fiscal year.
(4) Subsequent to any reduction required by division (B)(3) of this section, the rate of an intermediate care facility for the mentally retarded shall not be subject to any adjustments authorized by sections 5111.20 to 5111.33 of the Revised Code during the remainder of the year.
Section 309.30.43. ICF/MR REIMBURSEMENT STUDY COUNCIL
(A) There is hereby created the ICF/MR Reimbursement Study Council consisting of all of the following members:
(1) The Director of Job and Family Services;
(2) The Deputy Director of the Office of Ohio Health Plans of the Department of Job and Family Services;
(3) The Director of Mental Retardation and Developmental Disabilities;
(4) One representative of Medicaid recipients residing in intermediate care facilities for the mentally retarded, appointed by the Governor;
(5) Two representatives of each of the following organizations, appointed by their respective governing bodies:
(a) The Ohio Provider Resource Association;
(b) The Ohio Health Care Association.
Initial appointments of members described in divisions (A)(4) and (5) of this section shall be made not later than thirty days after the effective date of this section. Vacancies shall be filled in the same manner as the original appointments. Members described in those divisions shall serve at the pleasure of the official or governing body making the appointment of the member.
The Director of Job and Family Services shall serve as chairperson of the council. Members of the council shall serve without compensation, except to the extent that serving on the council is part of their regular duties of employment.
(B) The council shall review the system established by sections 5111.20 to 5111.33 of the Revised Code for reimbursing intermediate care facilities for the mentally retarded under the Medicaid program. Not later than July 1, 2008, the council shall issue a report of its activities, findings, and recommendations to the Governor, the Speaker of the House of Representatives, and the President of the Senate.
(C) In its consideration of the system for reimbursing intermediate care facilities for the mentally retarded under division (B) of this section, the council shall use the following principles:
(1) The system should appropriately account for differences in acuity and service needs among individuals in institutional care facilities for the mentally retarded.
(2) The system should support and encourage quality services, including both of the following elements:
(a) A high level of coverage of direct care costs;
(b) Pay for performance mechanisms.
(3) The system should reflect appropriate recognition that virtually all individuals served in intermediate care facilities for the mentally retarded are Medicaid recipients.
(4) The system should encourage cost-effective service delivery.
(5) The system should encourage innovation in service delivery.
(6) The system should encourage appropriate maintenance, improvement, and replacement of facilities.
(D) The council ceases to exist on the submission of a report under division (B) of this section.
Section 309.30.45. INCREASE IN MEDICAID RATES FOR PASSPORT SERVICES
As used in this section, "PASSPORT program" means the program created under section 173.40 of the Revised Code.
The Director of Job and Family Services shall amend the rules adopted under section 5111.85 of the Revised Code as necessary to accomplish the following:
(A) Increase, for fiscal year 2008, the Medicaid reimbursement rates for services provided under the PASSPORT program to rates that result in an amount that is three per cent higher than the amount resulting from the rates in effect June 30, 2007.
(B) Increase, for fiscal year 2009, the Medicaid reimbursement rates for services provided under the PASSPORT program to rates that result in an amount that is three per cent higher than the amount resulting from the rates in effect June 30, 2008.
Section 309.30.50. HOME FIRST PROGRAM
(A) On a quarterly basis, on receipt of the certified expenditures related to section 173.401 of the Revised Code, the Director of Budget and Management shall do all of the following for fiscal years 2008 and 2009:
(1) Transfer the state share of the amount of the actual expenditures from GRF appropriation item 600-525, Health Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;
(2) Increase the appropriation in Ohio Department of Aging Fund 3C4, appropriation item 490-607, PASSPORT, by the federal share of the amount of the actual expenditures;
(3) Increase the appropriation in JFS Fund 3G5, appropriation item 600-655, Interagency Reimbursement, by the federal share of the amount of the actual expenditures.
The funds that the Director of Budget and Management transfers and increases under this division are hereby appropriated.
(B) The individuals placed in the PASSPORT program pursuant to this section shall be in addition to the individuals placed in the PASSPORT program during fiscal years 2008 and 2009 based on the amount of money that is in GRF appropriation item 490-403, PASSPORT; Fund 4J4, appropriation item 490-610, PASSPORT/Residential State Supplement; Fund 4U9, appropriation item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item 490-607, PASSPORT, before any transfers to GRF appropriation item 490-403, PASSPORT, and Fund 3C4, appropriation item 490-607, PASSPORT, are made under this section.
Section 309.30.53. RESIDENTIAL STATE SUPPLEMENT TRANSFER
On a quarterly basis, on receipt of the certified residential state supplement costs related to section 173.351 of the Revised Code, the Director of Budget and Management shall do the following:
(A) Transfer the state share of the amount of the estimated costs from GRF appropriation item 600-525, Health Care/Medicaid, to GRF appropriation item 490-412, Residential State Supplement;
(B) The Department of Aging may transfer cash by intrastate transfer vouchers from the foregoing appropriation item 490-412, Residential State Supplement, and 490-610, PASSPORT/Residential State Supplement, to the Department of Job and Family Services Fund 4J5, Home and Community-Based Services for the Aged Fund. The funds shall be used to make benefit payments to Residential State Supplement recipients.
The funds that the Director of Budget and Management transfers and increases under this division are hereby appropriated.
Section 309.30.56. HEALTH ASSISTANCE FOR CHILDREN WITH CATASTROPHIC ILLNESS COUNCIL
(A) There is hereby created the Health Assistance for Children with Catastrophic Illness Council. The Council shall consist of the following members:
(1) The Director of Job and Family Services;
(2) The Director of Health;
(3) Three members of the Senate, not more than two of whom are members of the same political party, appointed by the President of the Senate;
(4) Three members of the House of Representatives, not more than two of whom are members of the same political party, appointed by the Speaker of the House of Representatives.
(B) The President of the Senate shall select one of the members of the Council who is a member of the Senate to serve as a co-chairperson of the Council. The Speaker shall select one of the members of the Council who is a member of the House of Representatives to serve as the other co-chairperson of the Council. Members of the Council shall serve without compensation or reimbursement of expenses, except to the extent that serving on the council is part of the council member's regular duties of employment.
(C) The co-chairpersons shall call the Council to its first meeting not later than October 1, 2007. The Council shall study the feasibility, cost, and benefits of permitting individuals under nineteen years of age who have a catastrophic mental or physical illness or disability and family income exceeding three hundred per cent of the federal poverty guidelines to qualify for Medicaid under a buy-in mechanism, to receive assistance through either the Medicaid program or a state-only funded program in paying the premiums for private health insurance, or a combination of both. The Council shall include in its study the issue of who should qualify for assistance under such a buy-in mechanism, premium assistance program, or combination.
(D) The Council shall issue a report not later than December 31, 2007. The Council shall provide a copy of the report to the Governor and General Assembly and make the report available to the public. The Council shall cease to exist on the day the report is issued.
(E) The Council's report shall include recommendations on all of the following:
(1) Establishing a requirement that coverage under the mechanism, program, or combination at least include individuals under nineteen years of age who have family income exceeding three hundred per cent of the federal poverty guidelines and have been unable to obtain private health insurance for at least one year due to the severity of a catastrophic mental or physical illness or disability;
(2) Establishing a prohibition against a numerical limit on the number of individuals who may participate in the mechanism, program, or combination;
(3) Establishing a requirement that the mechanism, program, or combination include cost-sharing provisions.
Section 309.30.60. MEDICAID COVERAGE OF CHIROPRACTIC SERVICES
(A) As used in this section, "adult Medicaid recipient" means a Medicaid recipient twenty-two years of age or older.
(B) For the period beginning January 1, 2008, and ending June 30, 2009, and subject to division (C) of this section, the Medicaid Program shall cover chiropractic services for adult Medicaid recipients in an amount, duration, and scope specified in rules that the Director of Job and Family Services shall adopt under section 5111.02 of the Revised Code.
(C) The Medicaid Program's coverage of chiropractic services under this section shall be limited to fifteen visits per adult Medicaid recipient per fiscal year.
Section 309.30.70. MONEY FOLLOWS THE PERSON
(A) Subject to division (B) of this section, the Director of Budget and Management may do any of the following in support of any home and community-based services waiver program:
(1) Create new funds and account appropriation items to support and track funds associated with a unified long-term care budget;
(2) Transfer funds among affected agencies and adjust corresponding appropriation levels;
(3) Develop a reporting mechanism to show clearly how the funds are being transferred and expended.
(B) Before an action may be taken under division (A) of this section, the Director shall present the proposed action to the Controlling Board. The Controlling Board shall review the proposed action and either approve or disapprove the action. The Director shall not implement the proposed action unless the action is approved by the Controlling Board.
Section 309.30.90. MEDICAID ELIGIBILITY FOR PREGNANT WOMEN
The Director of Job and Family Services shall, not later than ninety days after the effective date of this section, submit to the United States Secretary of Health and Human Services an amendment to the state Medicaid plan to increase to two hundred per cent of the federal poverty guidelines the income limit specified in division (A)(2) of section 5111.014 of the Revised Code. The increase shall be implemented not earlier than January 1, 2008.
*Section 309.30.95. MEDICAID BUY-IN ADVISORY COUNCIL
The Director of Job and Family Services shall call the Medicaid Buy-In Advisory Council established under section 5111.708 of the Revised Code to meet for the first time not later than sixty days after the effective date of this section.
Section 309.31.10. MEDICARE PART D
The foregoing appropriation item 600-526, Medicare Part D, may be used by the Department of Job and Family Services for the implementation and operation of the Medicare Part D requirements contained in the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon the request of the Department of Job and Family Services, the Director of Budget and Management may increase the state share of appropriations in either appropriation item 600-525, Health Care/Medicaid, or appropriation item 600-526, Medicare Part D, with a corresponding decrease in the state share of the other appropriation item to allow the Department of Job and Family Services to implement and operate the new Medicare Part D requirements. If the state share of appropriation item 600-525, Health Care/Medicaid, is adjusted, the Director of Budget and Management shall adjust the federal share accordingly.
Section 309.31.13. INCREASE IN FISCAL YEAR 2008 DISPENSING FEE FOR MULTIPLE SOURCE DRUGS
(A) As used in this section, "multiple source drug" has the same meaning as in 42 U.S.C. 1396r-8(k)(7).
(B) Not later than thirty days after the effective date of the regulation that the United States Secretary of Health and Human Services must promulgate under Section 6001(c)(3) of the "Deficit Reduction Act of 2005," Pub. L. No. 109-171, the Director of Job and Family Services shall analyze the fiscal impact that the federal upper reimbursement limits established under 42 U.S.C. 1396r-8(e)(4), as amended by section 6001 of the "Deficit Reduction Act of 2005," will have on pharmacists in fiscal year 2008. The fiscal impact analysis shall include a projection of the revenue a pharmacist is expected to lose during fiscal year 2008 from each unit of multiple source drug dispensed to a Medicaid recipient.
(C) Notwithstanding section 5111.071 of the Revised Code, and subject to division (D) of this section, the Director shall, not later than ten days after completing the analysis required by division (B) of this section, increase the dispensing fee to be paid to pharmacists with a valid Medicaid provider agreement for dispensing a multiple source drug to a Medicaid recipient in fiscal year 2008. The amount of the increase shall be determined in a manner that compensates pharmacists for the loss of revenue the Director projects, under division (B) of this section, that pharmacists, on average, will incur during fiscal year 2008.
(D) The total amount the Director expends under division (C) of this section to pay the increase in the dispensing fee in fiscal year 2008 shall not exceed the total savings that the Medicaid program is projected to save in that year as a result of the changes to the federal upper reimbursement limits established in 42 U.S.C. 1396r-8(e)(4) that were enacted by section 6001 of the "Deficit Reduction Act of 2005."
Section 309.31.16. INCREASE IN FISCAL YEAR 2009 DISPENSING FEE FOR MULTIPLE SOURCE DRUGS
(A) As used in this section, "multiple source drug" has the same meaning as in 42 U.S.C. 1396r-8(k)(7).
(B) Not later than March 15, 2008, the Director of Job and Family Services shall analyze the fiscal impact that the federal upper reimbursement limits established under 42 U.S.C. 1396r-8(e)(4), as amended by section 6001 of the "Deficit Reduction Act of 2005," Pub. L. No. 109-171, will have on pharmacists in fiscal year 2009. The fiscal impact analysis shall include a projection of the revenue a pharmacist is expected to lose during fiscal year 2009 from each unit of multiple source drug dispensed to a Medicaid recipient.
(C) Notwithstanding section 5111.071 of the Revised Code and subject to division (D) of this section, the Director shall, not later than ten days after completing the analysis required under division (B) of this section, increase the dispensing fee to be paid to pharmacists with a valid Medicaid provider agreement for dispensing a multiple source drug to a Medicaid recipient in fiscal year 2009. The amount of the increase shall be determined in a manner that compensates pharmacists for the loss of revenue the Director projects, under division (B) of this section, that pharmacists, on average, will incur during fiscal year 2009.
(D) The total amount the Director expends under division (C) of this section to pay the increase in the dispensing fee in fiscal year 2009 shall not exceed the total savings that the Medicaid program is projected to save in that fiscal year as a result of the changes to the federal upper reimbursement limits established in 42 U.S.C. 1396r-8(e)(4) that were enacted by section 6001 of the "Deficit Reduction Act of 2005."
Section 309.31.20. RESIDENT PROTECTION FUND
If the Director of Budget and Management determines that the Resident Protection Fund created in section 5111.62 of the Revised Code has a cash balance, less encumbrances and appropriations, of more than $2,000,000, the Department of Job and Family Services or its designee may issue a competitive request for grant proposals to support projects that will benefit the residents of nursing facilities that have been found to have deficiencies. The directors of Job and Family Services, Health, and Aging or their designees shall determine priority categories for funding, make awards, and determine which of the three agencies should administer each grant. Based on these determinations, the Director of Budget and Management may transfer cash and appropriations matching the amount of each award to the appropriate agency. Any such transfers are hereby appropriated.
Section 309.31.30. OHIO ACCESS SUCCESS PROJECT
Notwithstanding any limitations in sections
3721.51 and
3721.56 of the Revised Code, in each fiscal year, cash
from Fund 4J5, Home and Community-Based
Services
for the Aged, in excess of the amounts needed for the
transfers
may be used by the Department of Job and Family
Services
for the following purposes: (A) up to $1.0 million in each fiscal year to fund the state share of audits of nursing facilities and intermediate care facilities for the mentally retarded; and (B) up to $350,000 in each fiscal year to provide one-time transitional benefits under the Ohio Access Success Project that the Director of Job and Family Services may establish under section 5111.97 of the Revised Code.
Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF AGING
The Department of Job and Family Services shall
transfer,
through
intrastate transfer vouchers, cash from
Fund 4J5, Home and Community-Based Services
for the Aged,
to Fund 4J4,
PASSPORT, in the Department of
Aging. The sum
of the
transfers
shall be $33,263,984 in
each fiscal
year. The transfer may
occur on
a
quarterly basis or on a schedule developed and agreed
to by both
departments.
Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS
(A) At least quarterly, the Director of Job and Family Services shall certify to the Director of Budget and Management both of the following:
(1) The amount of offsets withheld under section 3721.541 of the Revised Code from payments made from the General Revenue Fund.
(2) The amount of offsets withheld under section 5112.341 of the Revised Code from payments made from the General Revenue Fund.
(B) The Director of Budget and Management may transfer cash from the General Revenue Fund to all of the following:
(1) Fund 4J5, Home and Community Based Services/Aged Fund, or Fund 5R2, Nursing Facility Stabilization Fund, in accordance with sections 3721.56 and 3721.561 of the Revised Code;
(2) Fund 4K1, ICF/MR Bed Assessments.
(C) Amounts transferred pursuant to this section are hereby appropriated.
Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
The Department of Job and Family Services shall transfer,
through
intrastate transfer vouchers, cash from Fund 4K1,
ICF/MR
Bed Assessments, to Fund 4K8, Home and
Community-Based Services, in the Department of Mental
Retardation and Developmental
Disabilities. The amount transferred shall equal $12,000,000 in each fiscal
year. The
transfer may occur on a
quarterly basis or on a schedule developed
and agreed
to by both
departments.
Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES
Notwithstanding any limitations contained
in
sections 5112.31
and 5112.37 of the Revised Code, in each
fiscal
year, cash from Fund 4K1, ICF/MR Bed
Assessments, in excess
of the amounts needed for transfers to Fund
4K8, Home and Community-Based Services, in the Department of Mental Retardation and Developmental Disabilities, may be used by the
Department of Job and Family Services to
cover costs of care
provided to participants in a
waiver with an ICF/MR level of care requirement administered by the
Department of
Job and Family
Services.
Section 309.31.80. PAYMENTS FROM THE DEPARTMENT OF EDUCATION FOR MEDICAID SERVICES
At the request of the Director of Job and Family Services, the Director of Budget and Management may increase the appropriation in appropriation item 600-639, Medicaid Revenue and Collections, by the amounts paid to the department pursuant to section 3317.023 of the Revised Code.
Section 309.31.90. HOSPITAL CARE ASSURANCE MATCH
Appropriation item 600-650, Hospital Care Assurance Match,
shall be used by the Department of Job and
Family
Services solely for distributing funds to hospitals under section
5112.08 of the Revised
Code.
Section 309.32.10. HEALTH CARE SERVICES ADMINISTRATION FUND
Of the amount received by the Department of Job and Family
Services during fiscal year 2008 and fiscal year 2009 from the first installment of
assessments paid under section 5112.06 of the Revised Code and
intergovernmental transfers made under section 5112.07 of the
Revised Code, the Director of Job and Family Services shall
deposit $350,000 in each fiscal year into the state treasury to the credit of the
Health Care Services Administration Fund (Fund 5U3).
Section 309.32.20. MEDICAID PROGRAM SUPPORT FUND - STATE
The foregoing appropriation item 600-671, Medicaid Program
Support, shall be
used by the Department of Job and Family
Services to pay for Medicaid services
and contracts. The Department may also deposit to Fund 5C9 revenues received from other state agencies for Medicaid services under the terms of interagency agreements between the Department and other state agencies, and all funds the Department recovers because the benefits a person received under the disability medical assistance program established in section 5115.10 of the Revised Code were determined to be covered by the Medicaid Program established under Chapter 5111. of the Revised Code.
Section 309.32.30. TRANSFERS OF IMD/DSH CASH TO THE DEPARTMENT OF MENTAL HEALTH
The Department of Job and Family Services shall transfer,
through intrastate
transfer voucher, cash from Fund
5C9, Medicaid
Program Support, to the
Department of Mental Health's Fund 4X5,
OhioCare, in accordance with an
interagency agreement that
delegates authority from the Department of Job and
Family Services
to the Department of Mental Health to administer specified
Medicaid services.
Section 309.32.40. PRESCRIPTION DRUG REBATE FUND
The foregoing appropriation item 600-692, Health Care Services, shall be used by the Department of Job and Family
Services to pay for Medicaid services and contracts.
Section 309.32.50. DISABILITY DETERMINATION PROCESS
Based on the recommendations made by the Disability Determination Consolidation Study Council, the Rehabilitation Services Commission and the Department of Job and Family Services shall work together to reduce the duplication of activities performed by each agency and develop a systems interface so that medical information for mutual clients may be transferred between the agencies.
Section 309.32.60. PRIMARY CARE ALTERNATIVE TREATMENT PROGRAM
The Director of Job and Family Services, not later than January 1, 2008, shall submit a report to the General Assembly on the Primary Alternative Care Treatment Program. The report shall compare the average monthly medical costs of current participants in the program with the average monthly costs of those individuals prior to participation in the program. Not later than January 1, 2009, the Director shall submit an additional report on the total cost savings achieved through the program.
Section 309.32.70. PHARMACEUTICAL REPORT
The Director of Job and Family Services, not later than one year after the effective date of this section, shall submit a report to the General Assembly on the effect of Medicare Part D and the care management system established under section 5111.16 of the Revised Code on the Supplemental Drug Rebate Program established under section 5111.081 of the Revised Code. The report shall evaluate the changing cost of pharmaceuticals for which supplemental rebates are made under the Supplemental Drug Rebate Program as a result of the high volume of drug purchases being transferred to Medicare Part D. The report shall include a review of the use of generic drugs by Medicaid recipients and cost savings to be achieved by increasing the use of generic drugs.
Section 309.32.80. MEDICAID DEPARTMENT PROGRESS REPORT
On an annual basis, the Director of Budget and Management shall submit a written report to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, and the members of the Joint Legislative Committee on Medicaid Technology and Reform describing the progress towards establishing a separate agency or department to solely administer the Medicaid program.
Section 309.40. FAMILY STABILITY
Section 309.40.10. WAIVER OF FOOD STAMP WORK REQUIREMENTS
Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job and Family Services shall request that the United States Secretary of Agriculture waive the applicability of the work requirement of 7 U.S.C. 2015(o)(2) during fiscal years 2008 and 2009 to food stamp benefit recipients who reside in a county of this state that the Department determines has an unemployment rate of over 10 per cent or does not have a sufficient number of jobs to provide employment for the recipients.
Section 309.40.20. FOOD STAMPS TRANSFER
On July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management may transfer up to $1,000,000 in cash from Fund 384, Food Stamp Program, to Fund 5ES, Food Assistance.
Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS
As used in this section, "federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code.
Notwithstanding section 5101.46 of the Revised Code, the Department of Job and Family Services shall provide $5,500,000 in each fiscal year from the foregoing appropriation item 600-651, Second Harvest Food Banks, and $1,000,000 in each fiscal year from the foregoing appropriation item 600-659, TANF/Title XX Transfer (Fund 3W3), to the Ohio Association of Second Harvest Food Banks. The Department shall enter into a grant agreement with the Ohio Association of Second Harvest Food Banks to allow for the purchase of food and personal care products and the distribution of those products to agencies participating in the emergency food distribution program. Notwithstanding section 5101.46 of the Revised Code, the grant may permit the Ohio Association of Second Harvest Food Banks to use up to 5 per cent of the annual funding for administrative costs. As soon as possible after entering into a grant agreement at the beginning of each fiscal year, the Department may advance grant funds to the grantee under section 5101.10 of the Revised Code and in accordance with federal law.
Prior to entering into the grant agreement, the Ohio Association of Second Harvest Food Banks shall submit to the Department for approval a plan for the distribution of the food and personal care products to local food distribution agencies. If the plan meets the requirements and conditions established by the Department, the plan shall be incorporated into the grant agreement. The grant agreement shall also require the Ohio Association of Second Harvest Food Banks to ensure that local agencies will limit participation of individuals and families who receive any of the food and personal care products purchased with these funds to those who have an income at or below 200 per cent of the federal poverty guidelines. The Department and the Ohio Association of Second Harvest Food Banks shall agree on reporting requirements to be incorporated into the grant agreement, including a statement of expected performance outcomes from the Ohio Association of Second Harvest Food Banks and a requirement for their evaluation of their success in achieving those outcomes.
Section 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE
The foregoing appropriation item 600-658, Child Support
Collections, shall be
used by the Department of Job and Family
Services to meet the TANF
maintenance of effort requirements of
42 U.S.C. 609(a)(7). When the state
is assured that it will meet the
maintenance of
effort requirement, the Department of Job and Family Services
may
use funds from appropriation item 600-658, Child Support Collections, to support child support
activities.
Section 309.40.40. TANF INITIATIVES
The Department of Job and Family Services, in accordance with sections 5101.80 and 5101.801 of the Revised Code, shall take the steps necessary, through interagency agreement, adoption of rules, or otherwise as determined by the Department, to implement and administer the Title IV-A programs identified in this section.
KINSHIP PERMANENCY INCENTIVE PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $10 million per fiscal year shall be used to support the activities of the Kinship Permanency Incentive Program created under section 5101.802 of the Revised Code.
The Department of Job and Family Services shall prepare reports concerning both of the following:
(A) Stability and permanency outcomes for children for whom incentive payments are made under the Kinship Permanency Incentive Program;
(B) The total amount of payments made under the Program, patterns of expenditures made per child under the Program, and cost savings realized through the Program from placement with kinship caregivers rather than other out-of-home placements.
The Department shall submit a report to the Governor, the Speaker and Minority Leader of the House of Representatives, and the President and Minority Leader of the Senate not later than December 31, 2008, and December 31, 2010.
OHIO ALLIANCE OF BOYS AND GIRLS CLUBS
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), the Department of Job and Family Services shall use up to $2,000,000 in each fiscal year to support expenditures of the Ohio Alliance of Boys and Girls Clubs pursuant to section 5101.801 of the Revised Code to provide after-school programs that protect at-risk children and enable youth to become responsible adults. The Ohio Alliance of Boys and Girls Clubs shall provide nutritional meals, snacks, and educational, youth development, and career development services to TANF eligible children participating in programs and activities operated by eligible Boys and Girls Clubs.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), the Department of Job and Family Services shall use up to $1,400,000 in each fiscal year to support expenditures of the Ohio Alliance of Boys and Girls Clubs pursuant to section 5101.801 of the Revised Code for the For Kids Sake Ohio program.
The Department of Job and Family Services and the Ohio Alliance of Boys and Girls Clubs shall agree on reporting requirements to be incorporated into the grant agreements.
SUMMER AND AFTER-SCHOOL PROGRAMS
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), the Department of Job and Family Services shall use up to $10,000,000 in each fiscal year to support summer and after-school programs and services for TANF eligible youth served through community-based organizations, faith-based organizations, and schools pursuant to section 5101.801 of the Revised Code to provide academic support not available during the regular school day, nutrition, transportation, youth development activities, drug and violence prevention programs, counseling programs, technology education, and character education programs.
CHILDREN'S HUNGER ALLIANCE
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $1,000,000 in each fiscal year shall be reimbursed to the Children's Hunger Alliance pursuant to section 5101.801 of the Revised Code for Child Nutrition Program outreach efforts.
SCHOOL READINESS ENRICHMENT
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $6,500,000 in each fiscal year shall be used for TANF eligible activities pursuant to section 5101.801 of the Revised Code to provide intervention services to prepare children for kindergarten.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $1,500,000 in each fiscal year shall be used to reimburse the Ohio network of food banks pursuant to section 5101.801 of the Revised Code for purchases and distribution of food products.
GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $13,000,000 in each fiscal year shall be used to reimburse the Governor's Office for Faith-Based and Community Initiatives pursuant to section 5101.801 of the Revised Code for projects designed to serve the state's most vulnerable citizens.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $5,000,000 in each fiscal year shall be used for TANF eligible activities pursuant to section 5101.801 of the Revised Code to provide additional support for initiatives aimed at increasing the number of adoptions including recruiting, promoting, and supporting adoptive families.
INDEPENDENT LIVING INITIATIVES
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $2,500,000 in each fiscal year shall be used for TANF eligible activities pursuant to section 5101.801 of the Revised Code to support the independent living initiative, including life skills training and work supports for older children in foster care and those who have recently aged out of foster care.
CLOSING THE ACHIEVEMENT GAP
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $10,000,000 in each fiscal year shall be used for TANF eligible activities pursuant to section 5101.801 of the Revised Code to provide intervention services aimed at improving the African-American male graduation rate.
FREESTORE FOODBANK - BARIS PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $800,000 in fiscal year 2008 shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the Freestore Foodbank for continuation of the Benefits Acquisition Results in Self Sufficiency (BARIS) project.
FAMILY SERVICE OF THE CINCINNATI AREA
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $25,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, Family Service of the Cincinnati Area for the International Family Resource Center program.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to reimburse the Department of Education pursuant to section 5101.801 of the Revised Code for providing funding for an additional ten parent mentors. This additional support for parent mentors shall be aimed at increasing support for parents with children who have special needs, thereby reducing stress on the family and encouraging the maintenance of two parent families. Such funding shall be in addition to that which is provided for parent mentoring programs in GRF appropriation item 200-540, Special Education Enhancements, in the Department of Education.
ACCOUNTABILITY AND CREDIBILITY TOGETHER
Of the foregoing appropriation item 600-689, TANF Block Grant, up to $1,000,000 in each fiscal year shall be reimbursed to Accountability and Credibility Together (ACT) to continue its welfare diversion program to TANF eligible individuals pursuant to section 5101.801 of the Revised Code.
AMERICAN ACADEMY OF PEDIATRICS
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $100,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the American Academy of Pediatrics for the Reach Out and Read program.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $500,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the Corporation for Ohio Appalachian Development for home weatherization.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the Providence House for providing crisis intervention services for children who are at risk of abuse and neglect.
BUTLER COUNTY SUCCESS PLAN
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to provide reimbursement, in accordance with section 5101.801 of the Revised Code, for the Butler County Success Plan.
AMERICAN RED CROSS-GREATER CLEVELAND CHAPTER AND THE BEREA CHILDREN'S HOME AND FAMILY SERVICES
Of the foregoing appropriation item 600-689, TANF Block Grant, up to $2,063,000 in fiscal year 2008 shall be used to reimburse the American Red Cross-Greater Cleveland Chapter and the Berea Children's Home and Family Services in accordance with section 5101.801 of the Revised Code, for enrolling TANF eligible individuals in the Northeast Ohio Nurse Assistant Training Program, which will lead to employment opportunities in the healthcare field in a ten-county region.
CENTER FOR FAMILIES AND CHILDREN RAPART YOUTH FELLOWSHIP PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant, up to $246,128 in fiscal year 2008 and up to $246,128 in fiscal year 2009 shall be used to reimburse the Center for Families and Children RapArt Youth Fellowship Program in accordance with section 5101.801 of the Revised Code for providing an after-school program that supports at-risk young adults and enables youth to become responsible adults.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $100,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the Talbert House for providing TANF eligible non-medical behavioral health services.
TANF EDUCATIONAL AWARDS PROGRAM
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $2,000,000 in each fiscal year shall be used to reimburse the Ohio Board of Regents pursuant to section 5101.801 of the Revised Code for initiatives addressing postsecondary tuition and educational expenses not covered by other grant programs that target low-income students.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $125,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the Chabad House for the Friendship Circle program.
COURT CLINIC FORENSIC SERVICES
Of the foregoing appropriation 600-689, TANF Block Grant (Fund 3V6), up to $100,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, Court Clinic Forensic Services for establishment of an intense program of education, job training, and job placement to divert women from local jails and state prisons and to reduce recidivism.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $250,000 in fiscal year 2008 and up to $750,000 in fiscal year 2009 shall be used to reimburse Big Brothers Big Sisters of Central Ohio, in accordance with section 5101.801 of the Revised Code, for child mentoring services.
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $1,000,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, WECO Fund, Inc., for an individual development account program that helps participants purchase homes.
ECONOMIC AND COMMUNITY DEVELOPMENT INSTITUTE
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $650,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the Economic and Community Development Institute for matching funds provided to TANF eligible individuals through an individual development accounts program.
EARLY CHILDHOOD EDUCATION PILOT
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $50,000 in each fiscal year shall be used to reimburse, in accordance with section 5101.801 of the Revised Code, the Alliance Early Childhood Education Pilot Project.
OHIO COUNCIL OF URBAN LEAGUES
Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $500,000 in each fiscal year shall be used to reimburse the Ohio Council of Urban Leagues, in accordance with section 5101.801 of the Revised Code, for career development programs that provide opportunities for eligible individuals to develop a career path in a desired employment area.
HOME ENERGY ASSISTANCE PROGRAM
The Department of Job and Family Services shall transfer, through intrastate transfer voucher, $45,000,000 in cash in fiscal year 2008 and $15,000,000 in fiscal year 2009 from Fund 3V6, TANF Block Grant, to Fund 3BJ, TANF Heating Assistance, in the Department of Development, in accordance with an interagency agreement. The Departments of Job and Family Services and Development shall enter into an interagency agreement for providing reimbursement to the Department of Development to administer the Title IV-A funded Home Energy Assistance Program (HEAP), which provides assistance with home energy fuel costs to needy families with children.
If the Department of Development receives approval for a federal waiver to increase the percentage of the Home Energy Block Grant that may be used for weatherization to sixteen and one-half per cent in fiscal year 2008 and seventeen and one-half per cent in fiscal year 2009, the Department of Job and Family Services shall increase the amount of reimbursement to the Department of Development from Fund 3V6, TANF Block Grant, for the Title IV-A funded Home Energy Assistance Program by an amount equal to the additional amounts used for weatherization under the federal waiver.
The directors of Job and Family Services and Development shall seek Controlling Board approval to adjust the appropriations for appropriation item 600-689, TANF Block Grant, in the Department of Job and Family Services and appropriation item 195-685, TANF Heating Assistance, in the Department of Development, as needed to carry out the purposes described in the preceding paragraph.
Section 309.40.49. OHIO WORKS FIRST DOMESTIC VIOLENCE RULES
The Director of Job and Family Services shall adopt the initial rules under divisions (A)(14), (15), and (16) of section 5107.05 of the Revised Code not later than January 1, 2008.
Section 309.40.60. EARLY LEARNING INITIATIVE
(A) As used in this section:
(1) "Title IV-A services" means benefits and services that are allowable under Title IV-A of the "Social Security Act," as specified in 42 U.S.C. 604(a), except that they shall not be benefits and services included in the term "assistance" as defined in 45 C.F.R. 260.31(a) and shall be benefits and services that are excluded from the definition of the term "assistance" under 45 C.F.R. 260.31(b).
(2) "Title IV-A funds" means funds provided under the temporary assistance for needy families block grant established by Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(3) "Eligible child" means a child who is at least three years of age but not of compulsory school age or enrolled in kindergarten, is eligible for Title IV-A services, and whose family income at the time of application does not exceed one hundred eighty-five per cent of the federal poverty line in fiscal year 2008 or two hundred per cent of the federal poverty line in fiscal year 2009.
(4) "Early learning program" means a program for eligible children that is funded with Title IV-A funds and provides Title IV-A services, according to the purposes listed in 45 C.F.R. 260.20(c), that are early learning services, as defined by pursuant to division (D)(1) of this section.
(5) "Early learning provider" means an entity that is receiving Title IV-A funds to operate an early learning program.
(6) "Early learning agency" means an early learning provider or an entity that has entered into an agreement with an early learning provider requiring the early learning provider to operate an early learning program on behalf of the entity.
(7) "Federal poverty line" has the same meaning as in section 5104.01 of the Revised Code.
(8) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code.
(B) The Early Learning Initiative is hereby established. The Department of Education and the Department of Job and Family Services shall administer the Initiative in accordance with sections 5101.80 and 5101.801 of the Revised Code. The Initiative shall provide early learning services to eligible children. Early learning programs may provide early learning services on a full-day basis, a part-day basis, or both a full-day and part-day basis.
(C) The Department of Job and Family Services shall do both of the following:
(1) Reimburse early learning agencies for Title IV-A services provided to eligible children according to the terms of the contract and the rules adopted under division (C)(2) of this section;
(2) In consultation with the Department of Education, adopt rules in accordance with Chapter 119. of the Revised Code to implement the Early Learning Initiative. The rules shall include all of the following:
(a) Provisions regarding the establishment of co-payments for families of eligible children whose family income is more than one hundred sixty-five per cent of the federal poverty line but equal to or less than the maximum amount of family income authorized for an eligible child as defined in division (A)(3) of this section;
(b) An exemption from co-payment requirements for families whose family income is equal to or less than one hundred sixty-five per cent of the federal poverty line;
(c) A definition of "enrollment" for the purpose of compensating early learning agencies;
(d) Provisions that establish compensation rates for early learning agencies based on the enrollment of eligible children.
(D) The Department of Education shall do all of the following:
(1) Define the early learning services that will be provided to eligible children through the Early Learning Initiative;
(2) In consultation with the Department of Job and Family Services, develop an application form and criteria for the selection of early learning agencies. The criteria shall require an early learning agency, or each early learning provider with which the agency has entered into an agreement for the operation of an early learning program on the agency's behalf, to be licensed or certified by the Department of Education under sections 3301.52 to 3301.59 of the Revised Code or by the Department of Job and Family Services under Chapter 5104. of the Revised Code;
(3) Establish early learning program guidelines for school readiness to assess the operation of early learning programs.
(E) Any entity that seeks to be an early learning agency shall apply to the Department of Education by a deadline established by the Department. The Department of Education shall select entities that meet the criteria established under division (D)(2) of this section to be early learning agencies. Upon selection of an entity to be an early learning agency, the Department of Education shall designate the number of eligible children the agency may enroll. The Department of Education shall notify the Department of Job and Family Services of the number so designated.
(F) The Department of Education and the Department of Job and Family Services shall enter into a contract with each early learning agency selected under division (E) of this section. The requirements of section 127.16 of the Revised Code do not apply to contracts entered into under this section. The contract shall outline the terms and conditions applicable to the provision of Title IV-A services for eligible children and shall include at least the following:
(1) The respective duties of the early learning agency, the Department of Education, and the Department of Job and Family Services;
(2) Requirements applicable to the allowable use of and accountability for Title IV-A compensation paid under the contract;
(3) Reporting requirements, including a requirement that the early learning provider inform the Department of Education when the provider learns that a kindergarten eligible child will not be enrolled in kindergarten;
(4) The compensation schedule payable under the contract;
(6) Provisions for suspending, modifying, or terminating the contract.
(G) If an early learning agency, or an early learning provider operating an early learning program on the agency's behalf, substantially fails to meet the early learning program guidelines for school readiness or exhibits substandard performance, as determined by the Department of Education, the agency shall develop and implement a corrective action plan. The Department of Education shall approve the corrective action plan prior to implementation.
(H) If an early learning agency fails to implement a corrective action plan under division (G) of this section, the Department of Education may direct the Department of Job and Family Services to either withhold funding or request that the Department of Job and Family Services suspend or terminate the contract with the agency.
(I) Each early learning program shall do all of the following:
(1) Meet teacher qualification requirements prescribed by section 3301.311 of the Revised Code;
(2) Align curriculum to the early learning content standards;
(3) Meet any assessment requirements prescribed by section 3301.0715 of the Revised Code that apply to the program;
(4) Require teachers, except teachers enrolled and working to obtain a degree pursuant to section 3301.311 of the Revised Code, to attend a minimum of twenty hours per biennium of professional development as prescribed by the Department of Education regarding the implementation of early learning program guidelines for school readiness;
(5) Document and report child progress;
(6) Meet and report compliance with the early learning program guidelines for school success;
(7) Participate in early language and literacy classroom observation evaluation studies.
(J) Each county Department of Job and Family Services shall determine eligibility for Title IV-A services for children seeking to enroll in an early learning program within fifteen days after receipt of a completed application in accordance with rules adopted under this section.
(K) The provision of early learning services in an early learning program shall not prohibit or otherwise prevent an individual from obtaining certificates for payment under division (C) of section 5104.32 of the Revised Code.
(L) Notwithstanding section 126.07 of the Revised Code:
(1) Any fiscal year 2008 contract executed prior to July 1, 2007, between the Departments of Job and Family Services and Education and an early learning agency that was not an early learning agency as of June 30, 2007, shall be deemed to be effective as of July 1, 2007, upon issuance of a state purchase order, even if the purchase order is approved at some later date.
(2) Any fiscal year 2008 contract executed between the Departments of Job and Family Services and Education and an early learning agency that had a valid contract for early learning services on June 30, 2007, shall be deemed to be effective as of July 1, 2007, upon the issuance of a state purchase order, even if the purchase order is approved at some later date.
(3) Any fiscal year 2009 contract executed prior to July 1, 2008, between the Departments of Job and Family Services and Education and an early learning agency that was not an early learning agency as of June 30, 2008, shall be deemed to be effective as of July 1, 2008, upon issuance of a state purchase order, even if the purchase order is approved at some later date.
(4) Any fiscal year 2009 contract executed between the Departments of Job and Family Services and Education and an early learning agency that had a valid contract for early learning services on June 30, 2008, shall be deemed to be effective as of July 1, 2008, upon the issuance of a state purchase order, even if the purchase order is approved at some later date.
(M) Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $125,256,000 shall be used in each fiscal year to compensate early learning agencies under this section. The Departments of Job and Family Services and Education shall contract for up to 12,000 enrollment slots for eligible children in each fiscal year through the Early Learning Initiative.
(N) Of the foregoing appropriation item 600-689, TANF Block Grant (Fund 3V6), up to $800,000 in each fiscal year may be used by the Department of Job and Family Services for administration of the Early Learning Initiative.
(O) Up to $2,200,000 in each fiscal year may be used by the Department of Education to perform administrative functions for the Early Learning Initiative. The Department of Job and Family Services shall transfer, through intrastate transfer vouchers, cash from Fund 3V6, TANF Block Grant, to Fund 5W2, Early Learning Initiative, in the Department of Education. The amount transferred shall not exceed $2,200,000 in fiscal year 2008 and $2,200,000 in fiscal year 2009. The transfer shall occur on a reimbursement basis on a schedule developed and agreed to by both departments.
Section 309.50. CHILDREN AND FAMILIES
Section 309.50.03. FOSTER CARE REFORM
Of the foregoing appropriation item 600-423, Office of Children and Families, $1,300,000 in each fiscal year shall be used to pay for foster care audit workers and related administrative expenses for state staff.
Of the foregoing appropriation item 600-523, Children and Families Services, $9,100,000 in each fiscal year shall be provided to counties for foster care related expenses, including, but not limited to, upfront services, counseling, intake workers, foster care staff, case workers, and trainers.
Section 309.50.06. ADULT PROTECTIVE SERVICES
The foregoing appropriation item 600-534, Adult Protective Services, shall be distributed to counties for the provision of services to adults who are in need of protective services. The Department of Job and Family Services shall adopt rules in accordance with Chapter 119. of the Revised Code to establish a formula for distribution of the moneys to the counties, including a requirement that counties put forth a maintenance of effort to be eligible for these moneys ensuring that these moneys are in addition to dollars currently spent on adult protective service efforts and not used to replace other sources of funding.
Section 309.50.10. CHILD WELFARE TRAINING INITIATIVE
In each fiscal year, the Department of Job and Family Services shall grant $50,000 from appropriation item 600-528, Adoption Services, and $150,000 from appropriation item 600-606, Child Welfare (Fund 327), to the National Center for Adoption Law and Policy to fund a multi-disciplinary child welfare training initiative. The Department of Job and Family Services shall coordinate with the National Center for Adoption Law and Policy to determine the focus of the training provided each year.
ADOPTION LAWSITE INITIATIVE
In each fiscal year, the Department of Job and Family Services shall grant $37,500 from appropriation item 600-528, Adoption Services, and $112,500 from appropriation item 600-606, Child Welfare (Fund 327), to the National Center for Adoption Law and Policy to fund expansion of the Adoption LawSite Initiative.
Section 309.50.20. CHILDREN'S TRUST FUND
Notwithstanding sections 3109.13 to 3109.18 of the Revised Code, in each fiscal year, the Director of Budget and Management shall transfer $1,500,000 cash from the Children's Trust Fund (Fund 198) in the Department of Job and Family Services to the Partnerships for Success Fund (Fund 5BH) in the Department of Youth Services.
Section 309.50.50. VISITING NURSE ASSOCIATION - READY SENIORS
Notwithstanding section 5101.46 of the Revised Code and prior to allocations for administration and training, of the foregoing appropriation item 600-620, Social Services Block Grant, up to $250,000 in each fiscal year shall be reimbursed to the Visiting Nurses Association of Cleveland, pursuant to a grant agreement entered into by the Visiting Nurses Association of Cleveland and the Department of Job and Family Services, for costs of expanding the Ready Seniors software program that are allowable under state and federal law governing the use of the Block Grant.
Section 309.50.60. CHILD PLACEMENT LEVEL OF CARE TOOL PILOT
(A) The Department of Job and Family Services shall develop, implement, and oversee use of a Child Placement Level of Care Tool on a pilot basis. The Department shall implement the pilot program in Cuyahoga County and not more than nine additional counties selected by the Department. The pilot program shall be developed by the participating counties and must be acceptable to all participating counties. A selected county must agree to participate in the pilot program.
(B) The pilot program shall begin not later than July 1, 2008, and end not later than December 31, 2009. The length of the program shall not include any time expended in preparation for implementation or any post-pilot program evaluation activity.
(C)(1) In accordance with sections 125.01 to 125.11 of the Revised Code, the Department of Job and Family Services shall designate a person to independently evaluate the pilot program to rate the program's success in the following areas:
(a) Placement stability, length of stay, and other outcomes for children;
(d) Any other criteria the Department determines will be useful in the consideration of statewide implementation.
(2) The evaluation design shall include:
(a) A comparison of data to historical outcomes or control counties;
(b) A retrospective data review of Cuyahoga County's use of the tool;
(c) A prospective data evaluation in each of the ten pilot counties.
(D) The Department of Mental Health shall conduct a study of a sample of the children placed using the Child Placement Level of Care Tool, which shall run concurrent with the Department of Job and Family Services Child Placement Level of Care Tool pilot program. This study shall evaluate outcomes from the initial and regular administration of the Ohio Scales Tool and changes in the level of children's functioning over time. The Department of Mental Health shall seek maximum federal financial participation to conduct the Ohio Scales Tool evaluation. Upon completion of the study, the Department of Mental Health shall send a copy of the results of the study to the independent evaluator designated under division (C) of this section.
(E) The independent evaluator of the Child Placement Level of Care Tool designated under division (C) of this section shall compare the evaluation of the Child Placement Level of Care Tool conducted pursuant to division (C) of this section to the study of the Ohio Scales Tool conducted under division (D) of this section. The comparison shall focus on analyzing any correlations between the placement stability outcomes associated with the Level of Care Tool and the behavioral health level of functioning outcomes associated with the Ohio Scales Tool. The independent evaluator shall send a copy of the evaluator's initial evaluation of the Child Placement Level of Care Tool, the Department of Mental Health study, and the comparison to the Department of Job and Family Services.
(F) The Department of Job and Family Services may adopt rules in accordance with section 111.15 of the Revised Code, as if they were internal management rules, as necessary to carry out the purposes of this section. The Department shall seek maximum federal financial participation to support the pilot and the evaluation.
(G) Notwithstanding division (E) of section 5101.141 of the Revised Code, the Department of Job and Family Services shall use up to $1,000,000 of appropriation item 600-663, Children and Family Support, over the biennium to implement the Child Placement Level of Care Tool pilot program described in this section and to contract for the independent evaluation of the pilot program.
(H) As used in this section:
(1) "Child Placement Level of Care Tool" means an assessment tool to be developed by the participating counties to assess a child's placement needs when a child must be removed from the child's own home and cannot be placed with a relative or kin that includes assessing a child's behavior, history, psychological state, and the involvement of service systems.
(2) "Ohio Scales Tool" means the Ohio Youth Problems, Functioning, and Satisfaction Scales used by the Ohio Department of Mental Health to measure outcomes for youth ages five to eighteen who receive mental health services.
Section 309.50.70. OHIO BENEFIT BANK
Of the foregoing appropriation item 600-659, TANF/Title XX, up to $299,276 in fiscal year 2008 and up to $472,366 in fiscal year 2009 shall be used by the Governor's Office of Faith-Based and Community Initiatives to support the Ohio Benefit Bank, a web-enabled, counselor-assisted, program for low- and moderate-income Ohioans.
Section 309.50.80. EARLY CARE AND EDUCATION
Before July 1, 2008, the departments of Job and Family Services and Education shall develop a fiscal model bringing together early care and education programs under one funding system that will provide all children with access to affordable quality care and education.
Section 309.70. WORKFORCE DEVELOPMENT
Section 309.70.10. TRANSFER TO THE MILITARY INJURY RELIEF FUND
In each year of the biennium, the Director of Job and Family Services shall certify to the Director of Budget and Management the total amount of incentive grants deposited into Fund 331, Federal Operating, on behalf of state and county employees and other individuals, entities, and persons with exemplary service to veterans under an approved employment service delivery program defined in the "Jobs for Veterans Act," 116 Stat. 2033 (2002), as approved by the United States Department of Labor. The Director of Budget and Management shall transfer cash equal to the amount certified by the Director of Job and Family Services from Fund 331 to Fund 5DB, Military Injury Relief Fund. The transferred funds shall be used to support grants to eligible individuals under section 5101.98 of the Revised Code and rules adopted in accordance with that section.
Section 309.70.20. WORKFORCE DEVELOPMENT GRANT AGREEMENT
The Department of Job and Family Services may use appropriations from appropriation item 600-688, Workforce Investment Act, to provide financial assistance for workforce development activities included in a grant agreement entered into by the department in accordance with section 5101.20 of the Revised Code.
OHIO STATE APPRENTICESHIP COUNCIL
Of the foregoing appropriation item 600-688, Workforce Investment Act, up to $1,900,000 in fiscal year 2008 and up to $2,200,000 in fiscal year 2009 may be used to support the activities of the Ohio State Apprenticeship Council.
YOUTH EMPLOYMENT PROGRAMS
Of the foregoing appropriation item 600-688, Workforce Investment Act, up to $6,000,000 over the biennium shall be used for competitive grants to eight major urban centers and four other locations, at least two of which are rural, to provide strategies and programs that meet the needs of at-risk youth. The program shall target youth who have disengaged from the education system and youthful offenders who will be returning to their communities. Eligible grant applications include governmental units, workforce investment boards, and not-for-profit and for-profit entities. Grant funds may be used for youth wages and benefits, supervisory costs, training and support costs, and infrastructure expenses. Grant funds may not be used for construction or renovation of facilities.
THIRD FRONTIER INTERNSHIP PROGRAM
Of the foregoing appropriation item 600-688, Workforce Investment Act, $1,500,000 in each fiscal year shall be used to support the Third Frontier Internship program.
NURSE EDUCATION ASSISTANCE
Of the foregoing appropriation item 600-688, Workforce Investment Act, $700,000 in each fiscal year shall be used to support the Nurse Education Assistance program described in division (C)(1)(a) of section 3333.28 of the Revised Code.
Section 309.80. UNEMPLOYMENT COMPENSATION
Section 309.80.10. EMPLOYER SURCHARGE
The surcharge and the interest on the surcharge amounts due
for calendar years
1988, 1989, and 1990 as required by Am. Sub.
H.B. 171 of the 117th General
Assembly, Am. Sub. H.B. 111 of the
118th General Assembly, and section
4141.251 of the Revised Code
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd
General
Assembly, again shall be assessed and
collected by, accounted for,
and made available to the Department of Job and
Family Services in
the same manner as
set forth in section 4141.251 of the Revised
Code as it existed prior to its repeal by Sub.
H.B. 478 of the 122nd General
Assembly, notwithstanding the repeal of the
surcharge for calendar
years after 1990, pursuant to Sub. H.B. 478 of the
122nd General
Assembly, except that amounts received by the Director on or after
July 1, 2001, shall be deposited into the Unemployment Compensation Special Administrative
Fund (Fund 4A9) established pursuant to section 4141.11 of the Revised Code.
Section 309.80.20. FEDERAL UNEMPLOYMENT PROGRAMS
All unexpended funds remaining at the end of fiscal year 2007 that were appropriated and made available to the state under section 903(d) of the Social Security Act, as amended, in the foregoing appropriation item 600-678, Federal Unemployment Programs (Fund 3V4), are hereby appropriated to the Department of Job and Family Services. Upon the request of the Director of Job and Family Services, the Director of Budget and Management may increase the appropriation for fiscal year 2008 by the amount remaining unspent from the fiscal year 2007 appropriation and may increase the appropriation for fiscal year 2009 by the amount remaining unspent from the fiscal year 2008 appropriation. The appropriation shall be used under the direction of the Department of Job and Family Services to pay for administrative activities for the Unemployment Insurance Program, employment services, and other allowable expenditures under section 903(d) of the Social Security Act, as amended.
The amounts obligated pursuant to this section shall not exceed at any time the amount by which the aggregate of the amounts transferred to the account of the state under section 903(d) of the Social Security Act, as amended, exceeds the aggregate of the amounts obligated for administration and paid out for benefits and required by law to be charged against the amounts transferred to the account of the state.
Section 309.80.30. TIME-LIMITED MEDICAID PROVIDER AGREEMENTS
Each Medicaid provider agreement that is not time-limited on the effective date of section 5111.028 of the Revised Code, as enacted by this act, shall be converted by the Department of Job and Family Services into a time-limited provider agreement. The converted provider agreement shall expire three years from effective date of the conversion. The Department shall notify the provider in writing that provider agreement has been converted into a time-limited provider agreement.
Notwithstanding division (B) of section 5111.06 of the Revised Code, the Department is not required to issue an order pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code when converting a provider agreement under this section.
Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO
GRF |
018-321 |
|
Operating Expenses |
|
$ |
985,710 |
|
$ |
1,015,281 |
TOTAL GRF General Revenue Fund |
|
$ |
985,710 |
|
$ |
1,015,281 |
General Services Fund Group
403 |
018-601 |
|
Ohio Jury Instructions |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL GSF General Services Fund Group |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,335,710 |
|
$ |
1,365,281 |
STATE COUNCIL OF UNIFORM STATE LAWS
Notwithstanding section 105.26 of the Revised Code, of the
foregoing appropriation item 018-321, Operating Expenses, up to
$71,000 in fiscal year 2008 and up to $73,000 in fiscal year 2009
may be used to pay the expenses of the State Council of Uniform
State Laws, including membership dues to the National Conference
of Commissioners on Uniform State Laws.
OHIO JURY INSTRUCTIONS FUND
The Ohio Jury Instructions Fund (Fund 403) shall consist of
grants, royalties, dues, conference fees, bequests, devises, and
other gifts received for the purpose of supporting costs incurred
by the Judicial Conference of Ohio in dispensing educational and
informational data to the state's judicial system. Fund
403 shall
be used by the Judicial Conference of Ohio to pay
expenses
incurred in dispensing educational and informational
data to the
state's judicial system. All moneys accruing
to Fund 403 in
excess of $350,000 in fiscal year 2008 and in
excess of $350,000
in fiscal year 2009 are hereby appropriated
for the purposes
authorized.
No money in the Ohio Jury Instructions Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board.
Section 313.10. JSC THE JUDICIARY/SUPREME COURT
GRF |
005-321 |
|
Operating Expenses - Judiciary/Supreme Court |
|
$ |
127,778,192 |
|
$ |
133,144,970 |
GRF |
005-401 |
|
State Criminal Sentencing Council |
|
$ |
331,500 |
|
$ |
336,770 |
GRF |
005-406 |
|
Law-Related Education |
|
$ |
229,290 |
|
$ |
236,172 |
GRF |
005-409 |
|
Ohio Courts Technology Initiative |
|
$ |
4,000,000 |
|
$ |
6,500,000 |
GRF |
005-502 |
|
Legal Education Opportunity |
|
$ |
250,000 |
|
$ |
350,000 |
TOTAL GRF General Revenue Fund |
|
$ |
132,588,982 |
|
$ |
140,567,912 |
General Services Fund Group
672 |
005-601 |
|
Continuing Judicial Education |
|
$ |
136,000 |
|
$ |
140,000 |
TOTAL GSF General Services Fund Group |
|
$ |
136,000 |
|
$ |
140,000 |
Federal Special Revenue Fund Group
3J0 |
005-603 |
|
Federal Grants |
|
$ |
1,518,491 |
|
$ |
1,467,693 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
1,518,491 |
|
$ |
1,467,693 |
State Special Revenue Fund Group
4C8 |
005-605 |
|
Attorney Services |
|
$ |
3,841,416 |
|
$ |
3,936,058 |
5T8 |
005-609 |
|
Grants and Awards |
|
$ |
100,000 |
|
$ |
100,000 |
6A8 |
005-606 |
|
Supreme Court Admissions |
|
$ |
1,496,633 |
|
$ |
1,541,532 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
5,438,049 |
|
$ |
5,577,590 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
139,681,522 |
|
$ |
147,753,195 |
The foregoing appropriation item 005-406, Law-Related Education, shall be distributed directly to the Ohio Center for Law-Related Education for the purposes of providing continuing citizenship education activities to primary and secondary students, expanding delinquency prevention programs, increasing activities for at-risk youth, and accessing additional public and private money for new programs.
OHIO COURTS TECHNOLOGY INITIATIVE
The foregoing appropriation item 005-409, Ohio Courts Technology Initiative, shall be used to fund an initiative by the Supreme Court to facilitate the exchange of information and warehousing of data by and between Ohio courts and other justice system partners through the creation of an Ohio Courts Network, the delivery of technology services to courts throughout the state, including the provision of hardware, software, and the development and implementation of educational and training programs for judges and court personnel, and the creation and operation of the Commission on Technology and the Courts by the Supreme Court for the promulgation of statewide rules, policies, and uniform standards, and to aid in the orderly adoption and comprehensive use of technology in Ohio courts.
LEGAL EDUCATION OPPORTUNITY
The foregoing appropriation item 005-502, Legal Education Opportunity, shall be used to fund activities undertaken at the direction of the Chief Justice of the Supreme Court for purposes of introducing minority, low-income, and educationally disadvantaged Ohio students to the legal system and providing educational opportunities to those same students who are preparing for college and interested in the pursuit of a legal career. The foregoing appropriation item 005-502, Legal Education Opportunity, may be used by the Supreme Court, in cooperation with other entities, to establish and provide programs, courses, and activities consistent with the purposes set forth in this paragraph and to pay the associated administrative costs.
CONTINUING JUDICIAL EDUCATION
The Continuing Judicial Education Fund (Fund 672) shall
consist
of fees
paid by judges and court personnel for attending
continuing education courses
and
other gifts and grants received
for the purpose of continuing judicial
education. The foregoing
appropriation item 005-601, Continuing
Judicial Education, shall
be used to pay expenses for continuing
education courses for
judges and court personnel. If it is determined by the
Administrative Director of the Supreme Court that additional
appropriations are necessary, the amounts are hereby appropriated.
No money in the Continuing Judicial Education Fund shall be
transferred to any other fund by the Director of Budget and
Management or the Controlling Board. Interest earned on moneys
in
the Continuing Judicial Education Fund shall be credited to
the
fund.
The Federal Grants Fund (Fund 3J0) shall consist of grants
and other moneys
awarded to the Supreme Court (The
Judiciary) by the United States
Government or other entities that receive the
moneys directly from
the United States Government and
distribute those moneys to the Supreme Court (The
Judiciary). The foregoing appropriation item 005-603, Federal
Grants,
shall be used in a manner consistent with the purpose of
the grant or award. If it is determined by the Administrative
Director of the Supreme Court that additional appropriations are
necessary, the amounts are hereby appropriated.
No money in the Federal Grants Fund shall be
transferred to any other
fund by the Director of Budget and
Management or the Controlling Board.
However, interest earned on
moneys in the Federal Grants Fund shall be credited or
transferred to the General Revenue
Fund.
The Attorney Services Fund (Fund 4C8), formerly known as the Attorney Registration Fund, shall consist of moneys received by the Supreme Court (The Judiciary) pursuant to the Rules for the Government of the Bar of Ohio. In addition to funding other activities considered appropriate by the Supreme Court, the foregoing appropriation item 005-605, Attorney Services, may be used to compensate employees and to fund appropriate activities of the following offices established by the Supreme Court: the Office of Disciplinary Counsel, the Board of Commissioners on Grievances and Discipline, the Clients' Security Fund, and the Attorney Services Division. If it is determined by the Administrative Director of the Supreme Court that additional appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Attorney Services Fund shall be transferred to any other fund by the Director of Budget and Management or the Controlling Board. Interest earned on moneys in the Attorney Services Fund shall be credited to the fund.
The Grants and Awards Fund (Fund 5T8) shall consist of grants and other moneys awarded to the Supreme Court (The Judiciary) by the State Justice Institute, the Division of Criminal Justice Services, or other entities. The foregoing appropriation item 005-609, Grants and Awards, shall be used in a manner consistent with the purpose of the grant or award. If it is determined by the Administrative Director of the Supreme Court that additional appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Grants and Awards Fund shall be transferred to any other fund by the Director of Budget and Management or the Controlling Board. However, interest earned on moneys in the Grants and Awards Fund shall be credited or transferred to the General Revenue Fund.
The foregoing appropriation item 005-606, Supreme Court
Admissions, shall be
used to compensate Supreme Court employees
who are primarily responsible for
administering the attorney
admissions program under the Rules for the
Government of
the Bar of Ohio, and to fund any other activities considered
appropriate by the court. Moneys shall be deposited into the
Supreme Court
Admissions Fund (Fund 6A8) under the Supreme
Court Rules for the
Government of the Bar of Ohio. If it is
determined by the Administrative Director of the Supreme Court
that additional appropriations are necessary, the amounts are hereby appropriated.
No moneys in the Supreme Court Admissions Fund shall be
transferred to any
other fund by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in
the Supreme Court Admissions Fund shall be
credited to the fund.
Effective July 1, 2007, or as soon as practicable thereafter, the Director of Budget and Management shall transfer the cash balance in the Commission on Continuing Legal Education Fund (Fund 643) to the Attorney Services Fund (Fund 4C8). The director shall cancel any existing encumbrances against appropriation item 005-607, Commission on Continuing Legal Education, and re-establish them against appropriation item 005-605, Attorney Services. The amounts of the re-established encumbrances are hereby appropriated. Upon completion of these transfers, the Commission on Continuing Legal Education Fund (Fund 643) is hereby abolished.
TRANSFER OF UNENCUMBERED GRF APPROPRIATION AUTHORITY FOR INDIGENT DEFENSE
On July 1, 2008, or as soon as practicable thereafter, the Administrative Director of the Supreme Court shall certify to the Director of Budget and Management the total fiscal year 2008 unencumbered appropriations in appropriation item 005-321, Operating Expenses - Judiciary/Supreme Court. The Director of Budget and Management shall transfer that certified amount of unencumbered fiscal year 2008 appropriations to fiscal year 2009 for use within the Ohio Public Defender Commission's appropriation item 019-501, County Reimbursement. The amount certified and transferred is hereby appropriated to the Ohio Public Defender Commission's appropriation item 019-501, County Reimbursement, in fiscal year 2009.
Section 315.10. LEC LAKE ERIE COMMISSION
State Special Revenue Fund Group
4C0 |
780-601 |
|
Lake Erie Protection Fund |
|
$ |
450,000 |
|
$ |
450,000 |
5D8 |
780-602 |
|
Lake Erie Resources Fund |
|
$ |
387,000 |
|
$ |
388,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
837,000 |
|
$ |
838,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
837,000 |
|
$ |
838,000 |
Not later than the thirtieth day of November of each fiscal
year, the
Executive Director of the Ohio
Lake Erie Office, with
the approval
of the Lake Erie Commission, shall certify to
the
Director of Budget and
Management the cash balance in the Lake
Erie Resources
Fund (Fund
5D8) in excess of
amounts needed to meet
operating expenses of the Lake Erie Office. The Lake Erie
Office may request the Director of Budget and Management to
transfer up to the certified amount from the Lake Erie Resources
Fund (Fund 5D8) to the Lake Erie Protection
Fund (Fund 4C0). The
Director of Budget and Management may
transfer the requested
amount, or the Director may transfer a
different amount up to the
certified amount. Cash transferred
shall be
used for the
purposes
described in division (A) of
section 1506.23
of the
Revised Code.
The amount transferred by
the director is hereby
appropriated to the
foregoing appropriation item
780-601, Lake
Erie Protection Fund,
which shall be increased by
the amount
transferred.
Section 317.10. LRS LEGAL RIGHTS SERVICE
GRF |
054-321 |
|
Support Services |
|
$ |
198,075 |
|
$ |
198,075 |
GRF |
054-401 |
|
Ombudsman |
|
$ |
291,247 |
|
$ |
291,247 |
TOTAL GRF General Revenue Fund |
|
$ |
489,322 |
|
$ |
489,322 |
General Services Fund Group
5M0 |
054-610 |
|
Program Support |
|
$ |
81,352 |
|
$ |
81,352 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
81,352 |
|
$ |
81,352 |
Federal Special Revenue Fund Group
3AG |
054-613 |
|
Protection and Advocacy - Voter Accessibility |
|
$ |
115,000 |
|
$ |
115,000 |
3B8 |
054-603 |
|
Protection and Advocacy - Mentally Ill |
|
$ |
1,089,999 |
|
$ |
1,089,999 |
3CA |
054-615 |
|
Work Incentives Planning and Assistance |
|
$ |
355,000 |
|
$ |
355,000 |
3N3 |
054-606 |
|
Protection and Advocacy - Individual Rights |
|
$ |
560,000 |
|
$ |
560,000 |
3N9 |
054-607 |
|
Assistive Technology |
|
$ |
160,000 |
|
$ |
160,000 |
3R9 |
054-604 |
|
Family Support Collaborative |
|
$ |
55,000 |
|
$ |
55,000 |
3R9 |
054-616 |
|
Developmental Disability Publications |
|
$ |
130,000 |
|
$ |
130,000 |
3T2 |
054-609 |
|
Client Assistance Program |
|
$ |
435,000 |
|
$ |
435,000 |
3X1 |
054-611 |
|
Protection and Advocacy for Beneficiaries of Social Security |
|
$ |
235,001 |
|
$ |
235,001 |
3Z6 |
054-612 |
|
Traumatic Brain Injury |
|
$ |
70,000 |
|
$ |
70,000 |
305 |
054-602 |
|
Protection and Advocacy - Developmentally Disabled |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,705,000 |
|
$ |
4,705,000 |
State Special Revenue Fund Group
5AE |
054-614 |
|
Grants and Contracts |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,375,674 |
|
$ |
5,375,674 |
Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE
GRF |
028-321 |
|
Legislative Ethics Committee |
|
$ |
550,000 |
|
$ |
550,000 |
TOTAL GRF General Revenue Fund |
|
$ |
550,000 |
|
$ |
550,000 |
General Services Fund Group
4G7 |
028-601 |
|
Joint Legislative Ethics Committee |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL GSF General Services Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
650,000 |
|
$ |
650,000 |
Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION
GRF |
035-321 |
|
Operating Expenses |
|
$ |
15,167,700 |
|
$ |
15,167,700 |
GRF |
035-402 |
|
Legislative Interns |
|
$ |
1,022,120 |
|
$ |
1,022,120 |
GRF |
035-405 |
|
Correctional Institution Inspection Committee |
|
$ |
438,900 |
|
$ |
438,900 |
GRF |
035-409 |
|
National Associations |
|
$ |
460,560 |
|
$ |
460,560 |
GRF |
035-410 |
|
Legislative Information Systems |
|
$ |
3,661,250 |
|
$ |
3,661,250 |
TOTAL GRF General Revenue Fund |
|
$ |
20,750,530 |
|
$ |
20,750,530 |
General Services Fund Group
4F6 |
035-603 |
|
Legislative Budget Services |
|
$ |
154,025 |
|
$ |
154,025 |
410 |
035-601 |
|
Sale of Publications |
|
$ |
25,250 |
|
$ |
25,250 |
5EF |
035-607 |
|
House and Senate Telephone Usage |
|
$ |
30,000 |
|
$ |
30,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
209,275 |
|
$ |
209,275 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
20,959,805 |
|
$ |
20,959,805 |
JOINT LEGISLATIVE COMMITTEE ON MEDICAID TECHNOLOGY AND REFORM
Of the foregoing appropriation item 035-321, Operating Expenses, $100,000 in each fiscal year shall be used for costs associated with employing an executive director for the Joint Legislative Committee on Medicaid Technology and Reform as authorized by division (C) of section 101.391 of the Revised Code.
Of the foregoing appropriation item 035-321, Operating Expenses, up to $250,000 in each fiscal year shall be used to contract with a person, business, or other entity to provide the General Assembly with additional revenue forecasting and analysis of the Ohio economy.
Section 323.10. LIB STATE LIBRARY BOARD
GRF |
350-321 |
|
Operating Expenses |
|
$ |
6,298,677 |
|
$ |
6,298,677 |
GRF |
350-400 |
|
Ohio Public Library Information Network |
|
$ |
4,330,000 |
|
$ |
4,330,000 |
GRF |
350-401 |
|
Ohioana Rental
Payments |
|
$ |
124,816 |
|
$ |
124,816 |
GRF |
350-501 |
|
Library for the Blind-Cincinnati |
|
$ |
535,615 |
|
$ |
535,615 |
GRF |
350-502 |
|
Regional Library Systems |
|
$ |
1,010,441 |
|
$ |
1,010,441 |
GRF |
350-503 |
|
Library for the Blind-Cleveland |
|
$ |
805,642 |
|
$ |
805,642 |
TOTAL GRF General Revenue Fund |
|
$ |
13,105,191 |
|
$ |
13,105,191 |
General Services Fund Group
139 |
350-602 |
|
Intra-Agency Service Charges |
|
$ |
9,000 |
|
$ |
9,000 |
4S4 |
350-604 |
|
Ohio Public Library Information Network Technology |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
459 |
350-602 |
|
Library Service Charges |
|
$ |
2,708,092 |
|
$ |
2,708,092 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
5,717,092 |
|
$ |
5,717,092 |
Federal Special Revenue Fund Group
313 |
350-601 |
|
LSTA Federal |
|
$ |
5,691,792 |
|
$ |
5,691,792 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,691,792 |
|
$ |
5,691,792 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,514,075 |
|
$ |
24,514,075 |
The foregoing appropriation item 350-401, Ohioana Rental
Payments, shall be used to pay the rental expenses of the
Martha
Kinney Cooper Ohioana
Library Association pursuant to section
3375.61 of the Revised Code.
LIBRARY FOR THE BLIND-CINCINNATI
The foregoing appropriation item 350-501, Library for the Blind-Cincinnati, shall be used for the Talking Book program, which assists the blind and disabled.
The foregoing appropriation item 350-502, Regional Library
Systems,
shall be used to support regional library systems
eligible for funding under sections 3375.83 and 3375.90 of the Revised Code.
LIBRARY FOR THE BLIND-CLEVELAND
The foregoing appropriation item 350-503, Library for the Blind-Cleveland, shall be used for the Talking Book program, which assists the blind and disabled.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
The foregoing appropriation items 350-604, Ohio Public Library Information Network Technology, and 350-400, Ohio Public Library Information Network,
shall be
used for an information
telecommunications network
linking public
libraries in the state
and such
others as may be
certified as
participants by the Ohio
Public Library
Information
Network Board.
The Ohio Public Library Information
Network Board
shall
consist of eleven members appointed by
the State Library Board
from among the staff of public libraries and past and
present
members of boards of
trustees of public libraries, based on the
recommendations
of the Ohio library community. The Ohio Public
Library
Information Network Board, in consultation with the State
Library,
shall develop a plan of operations for the network. The
board may make decisions regarding use
of the foregoing appropriation
items 350-400, Ohio Public Library Information Network, and 350-604, Ohio Public Library Information Network Technology,
may receive
and expend grants to carry out
the
operations of the
network in
accordance with state law and the authority to
appoint
and fix the
compensation of a director and
necessary staff. The
State
Library
shall be the fiscal agent for
the network and shall
have
fiscal
accountability for the
expenditure of funds. The Ohio
Public
Library
Information Network
Board members shall be
reimbursed for
actual travel and
necessary
expenses incurred in carrying out
their responsibilities.
In order to limit access to obscene and illegal materials
through
internet use at Ohio Public Library Information Network
(OPLIN)
terminals,
local libraries with OPLIN computer terminals
shall adopt policies
that
control access to obscene and illegal
materials. These policies may include
use of
technological
systems to select or block
certain internet access. The OPLIN
shall condition provision of its funds, goods, and services on
compliance
with these policies. The OPLIN Board shall also adopt
and
communicate specific recommendations to local libraries on
methods to control
such improper usage. These methods may include
each library implementing a
written policy
controlling such
improper use of library terminals and requirements for
parental
involvement or written authorization for juvenile internet usage.
Of the foregoing appropriation item 350-400, Ohio Public Library Information Network, up to $100,000 in each fiscal year shall be used to help local libraries purchase or maintain filters to screen out obscene and illegal internet materials.
The OPLIN Board shall research and assist or advise local
libraries
with regard to emerging technologies and methods that may be
effective means to control
access to
obscene and illegal
materials. The
OPLIN Executive Director shall biannually provide
written
reports to the
Governor, the Speaker and Minority Leader
of the House of
Representatives, and the President and Minority
Leader of the
Senate on any
steps being taken by
OPLIN and public
libraries in
the state to limit and control such
improper
usage
as
well as
information on technological, legal, and law
enforcement trends
nationally and internationally affecting this
area of public
access and
service.
The Ohio Public Library Information Network, INFOhio, and
OhioLINK shall, to
the extent feasible, coordinate and cooperate
in their purchase or other
acquisition of the use of electronic
databases for their respective users and
shall contribute funds in
an equitable manner to such effort.
Section 325.10. LCO LIQUOR CONTROL COMMISSION
Liquor Control Fund Group
043 |
970-321 |
|
Operating Expenses |
|
$ |
743,093 |
|
$ |
772,524 |
TOTAL LCF Liquor Control Fund Group |
|
$ |
743,093 |
|
$ |
772,524 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
743,093 |
|
$ |
772,524 |
Section 327.10. LOT STATE LOTTERY COMMISSION
General Services Fund Group
231 |
950-604 |
|
Charitable Gaming Oversight |
|
$ |
2,253,000 |
|
$ |
2,378,000 |
TOTAL GSF General Services Fund Group |
|
$ |
2,253,000 |
|
$ |
2,378,000 |
044 |
950-100 |
|
Personal Services |
|
$ |
25,945,116 |
|
$ |
27,085,265 |
044 |
950-200 |
|
Maintenance |
|
$ |
18,748,274 |
|
$ |
18,693,328 |
044 |
950-300 |
|
Equipment |
|
$ |
2,554,500 |
|
$ |
2,446,500 |
044 |
950-402 |
|
Advertising Contracts |
|
$ |
21,250,000 |
|
$ |
21,250,000 |
044 |
950-403 |
|
Gaming Contracts |
|
$ |
50,419,360 |
|
$ |
51,250,704 |
044 |
950-500 |
|
Problem Gambling Subsidy |
|
$ |
335,000 |
|
$ |
335,000 |
044 |
950-601 |
|
Direct Prize Payments |
|
$ |
147,716,286 |
|
$ |
147,716,286 |
871 |
950-602 |
|
Annuity Prizes |
|
$ |
151,724,305 |
|
$ |
151,724,305 |
TOTAL SLF State Lottery Fund |
|
|
|
|
|
|
Group |
|
$ |
418,692,841 |
|
$ |
420,501,388 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
420,945,841 |
|
$ |
422,879,388 |
Notwithstanding sections 127.14 and 131.35 of the Revised Code, the Controlling Board may, at the
request of the State Lottery Commission, authorize additional
appropriations for operating expenses of the State Lottery
Commission from the State Lottery Fund up to a maximum of 15 per
cent of anticipated total revenue accruing from the sale of
lottery tickets.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-601, Direct Prize Payments,
that
the Director of the State Lottery
Commission determines to
be necessary
to fund prizes, bonuses, and
commissions are
hereby appropriated.
With the approval of the Office of Budget and Management,
the
State Lottery Commission shall transfer cash from the State
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund
(Fund 871) in
an amount sufficient to fund deferred prizes. The
Treasurer of State, from time to time, shall credit the Deferred
Prizes Trust Fund
(Fund 871) the pro rata share of interest earned
by the Treasurer
of State on invested balances.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-602, Annuity Prizes,
that
the Director of the State Lottery Commission determines to be
necessary
to
fund deferred prizes and interest earnings are hereby
appropriated.
TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND
The Ohio Lottery Commission shall transfer an amount greater
than or equal to $657,900,000 in fiscal year 2008 and $667,900,000
in fiscal year 2009 to the Lottery Profits Education Fund.
Transfers from the Commission to the Lottery Profits Education
Fund shall represent the estimated net income from operations for
the Commission in fiscal year 2008 and fiscal
year 2009. Transfers by the Commission to the Lottery Profits
Education Fund shall be administered as the statutes direct.
Section 329.10. MHC MANUFACTURED HOMES COMMISSION
General Services Fund Group
4K9 |
996-609 |
|
Operating Expenses |
|
$ |
418,122 |
|
$ |
434,671 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
418,122 |
|
$ |
434,671 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
418,122 |
|
$ |
434,671 |
Section 331.10. MED STATE MEDICAL BOARD
General Services Fund Group
5C6 |
883-609 |
|
Operating Expenses |
|
$ |
7,883,145 |
|
$ |
8,225,945 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,883,145 |
|
$ |
8,225,945 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,883,145 |
|
$ |
8,225,945 |
Section 333.10. AMB MEDICAL TRANSPORTATION BOARD
General Services Fund Group
4K9 |
915-604 |
|
Operating Expenses |
|
$ |
471,450 |
|
$ |
473,450 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
471,450 |
|
$ |
473,450 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
471,450 |
|
$ |
473,450 |
CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND (FUND 4K9)
Effective July 1, 2007, or as soon as practicable thereafter, the Director of Budget and Management may transfer the cash balance in the Ohio Medical Transportation Trust Fund (Fund 4N1), created in division (B) of section 4766.05 of the Revised Code, to the Occupational Licensing and Regulatory Fund (Fund 4K9), created in section 4743.05 of the Revised Code. The director shall cancel any existing encumbrances against appropriation item 915-601, Operating Expenses, and re-establish them against appropriation item 915-604, Operating Expenses. The amounts of the re-established encumbrances are hereby appropriated. Upon completion of these transfers, the Ohio Medical Transportation Trust Fund (Fund 4N1) is hereby abolished.
Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH
General Services Fund Group
151 |
336-601 |
|
Office of Support Services |
|
$ |
134,060,000 |
|
$ |
148,998,000 |
TOTAL General Services Fund Group |
|
$ |
134,060,000 |
|
$ |
148,998,000 |
Division of Mental Health--Psychiatric Services to Correctional Facilities
GRF |
332-401 |
|
Forensic Services |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
TOTAL GRF General Revenue Fund |
|
$ |
4,338,858 |
|
$ |
4,338,858 |
Section 335.10.10. FORENSIC SERVICES
The foregoing appropriation item 332-401, Forensic Services,
shall be used to
provide psychiatric
services to courts of common
pleas. The appropriation
shall be allocated through community
mental health boards to
certified community agencies and shall be
distributed according
to the criteria delineated in rule
5122:32-01 of the
Administrative Code. These community forensic
funds may also be
used to provide forensic training to community
mental health
boards and to forensic psychiatry residency programs
in hospitals operated by
the Department of Mental Health and to
provide evaluations of patients of
forensic status
in facilities
operated by the Department of Mental Health prior
to conditional
release to the community.
In addition, appropriation item 332-401, Forensic Services,
may be used to
support projects involving mental health, substance
abuse,
courts,
and law enforcement to identify and develop
appropriate
alternative services to incarceration for
nonviolent
mentally ill offenders, and to provide specialized re-entry services to offenders leaving prisons and jails. Funds may also be
utilized to
provide forensic
monitoring and tracking in addition to community
programs
serving
persons of forensic status on conditional release
or
probation.
Section 335.20. Division of Mental Health--
Administration and Statewide Programs
GRF |
333-321 |
|
Central Administration |
|
$ |
23,750,000 |
|
$ |
23,750,000 |
GRF |
333-402 |
|
Resident Trainees |
|
$ |
1,364,919 |
|
$ |
1,364,919 |
GRF |
333-403 |
|
Pre-Admission Screening Expenses |
|
$ |
650,135 |
|
$ |
650,135 |
GRF |
333-415 |
|
Lease-Rental Payments |
|
$ |
23,767,400 |
|
$ |
20,504,500 |
GRF |
333-416 |
|
Research Program Evaluation |
|
$ |
1,001,551 |
|
$ |
1,001,551 |
TOTAL GRF General Revenue Fund |
|
$ |
50,534,005 |
|
$ |
47,271,105 |
General Services Fund Group
149 |
333-609 |
|
Central Office Operating |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
TOTAL General Services Fund Group |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
Federal Special Revenue Fund Group
3A6 |
333-608 |
|
Community & Hospital Services |
|
$ |
140,000 |
|
$ |
140,000 |
3A7 |
333-612 |
|
Social Services Block Grant |
|
$ |
25,000 |
|
$ |
25,000 |
3A8 |
333-613 |
|
Federal Grant - Administration |
|
$ |
4,888,105 |
|
$ |
4,888,105 |
3A9 |
333-614 |
|
Mental Health Block Grant - Administration |
|
$ |
748,470 |
|
$ |
748,470 |
3B1 |
333-635 |
|
Community Medicaid Expansion |
|
$ |
13,691,682 |
|
$ |
13,691,682 |
324 |
333-605 |
|
Medicaid/Medicare |
|
$ |
154,500 |
|
$ |
154,500 |
TOTAL Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
19,647,757 |
|
$ |
19,647,757 |
State Special Revenue Fund Group
232 |
333-621 |
|
Family and Children First Administration |
|
$ |
625,000 |
|
$ |
625,000 |
4X5 |
333-607 |
|
Behavioral Health Medicaid Services |
|
$ |
3,000,634 |
|
$ |
3,000,634 |
485 |
333-632 |
|
Mental Health Operating |
|
$ |
134,233 |
|
$ |
134,233 |
5V2 |
333-611 |
|
Non-Federal Miscellaneous |
|
$ |
580,000 |
|
$ |
560,000 |
TOTAL State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
4,339,867 |
|
$ |
4,319,867 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
75,721,629 |
|
$ |
72,438,729 |
Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS
The foregoing appropriation item 333-402, Resident Trainees,
shall be used to fund training agreements entered into by the
Department of
Mental Health for the development of curricula and
the provision of training
programs to support public mental health
services.
Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES
The foregoing appropriation item 333-403, Pre-Admission
Screening
Expenses, shall be used to pay
for costs to ensure that
uniform statewide methods for pre-admission screening
are in place
to perform assessments for persons who have severe mental illness and are referred for long-term Medicaid certified nursing facility placement. Pre-admission screening
includes the following
activities: pre-admission assessment,
consideration of continued stay
requests, discharge planning and
referral, and adjudication of appeals and
grievance procedures.
Section 335.20.30. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 333-415, Lease-Rental
Payments, shall
be used to meet
all payments during the
period from July 1, 2007, to June
30, 2009, by the Department of
Mental Health
under leases
and agreements made under section 154.20 of the Revised
Code. These appropriations are the source of funds pledged for bond service charges on obligations issued pursuant to Chapter 154. of the Revised Code.
Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES
The Department of Mental Health shall administer specified
Medicaid Services
as delegated by the Department of Job and Family
Services
in an interagency agreement.
The foregoing appropriation
item
333-607, Behavioral Health Medicaid
Services, may be used to
make
payments for free-standing
psychiatric hospital inpatient
services
as defined in an
interagency agreement with the
Department of
Job and Family Services.
Section 335.20.50. PERFORMANCE AUDIT
The Auditor of State shall complete a performance
audit of the Department of Mental Health. Upon completing the performance audit, the Auditor of State shall submit a report of the findings of the audit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Director of Mental Health. Expenses incurred by the Auditor of State to conduct the performance audit shall be reimbursed by the Department of Mental Health.
Section 325.20.60. INTERNAL REVIEW
The Director of Mental Health shall consult with the Director of Budget and Management and representatives of local and county mental health services agencies to conduct an internal review of policies and procedures to increase efficiency and identify and eliminate duplicative practices. Any savings identified as a result of the internal review or the performance audit conducted by the Auditor of State shall be used for community-based care.
The Director of Mental Health shall seek Controlling Board approval before expending any funds identified as a result of the internal review or the performance audit.
Section 335.30. DIVISION OF MENTAL HEALTH - HOSPITALS
GRF |
334-408 |
|
Community and Hospital Mental Health Services |
|
$ |
400,324,545
|
|
$ |
400,324,545 |
GRF |
334-506 |
|
Court Costs |
|
$ |
976,652 |
|
$ |
976,652 |
TOTAL GRF General Revenue Fund |
|
$ |
401,301,197 |
|
$ |
401,301,197 |
General Services Fund Group
149 |
334-609 |
|
Hospital - Operating Expenses |
|
$ |
33,800,000 |
|
$ |
33,800,000 |
150 |
334-620 |
|
Special Education |
|
$ |
120,930 |
|
$ |
120,930 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
33,920,930 |
|
$ |
33,920,930 |
Federal Special Revenue Fund Group
3A6 |
334-608 |
|
Subsidy for Federal Grants |
|
$ |
586,224 |
|
$ |
586,224 |
3A8 |
334-613 |
|
Federal Letter of Credit |
|
$ |
200,000 |
|
$ |
200,000 |
3B0 |
334-617 |
|
Adult Basic and Literary Education |
|
$ |
182,334 |
|
$ |
182,334 |
3B1 |
334-635 |
|
Hospital Medicaid Expansion |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
324 |
334-605 |
|
Medicaid/Medicare |
|
$ |
34,500,000 |
|
$ |
50,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
37,468,558 |
|
$ |
53,468,558 |
State Special Revenue Fund Group
485 |
334-632 |
|
Mental Health Operating |
|
$ |
3,100,000 |
|
$ |
3,100,000 |
692 |
334-636 |
|
Community Mental Health Board Risk Fund |
|
$ |
80,000 |
|
$ |
80,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,180,000 |
|
$ |
3,180,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
475,870,685 |
|
$ |
491,870,685 |
Section 335.30.20. COMMUNITY MENTAL HEALTH BOARD RISK FUND
The foregoing appropriation item 334-636, Community Mental
Health Board Risk
Fund, shall
be used to make payments under
section 5119.62 of the
Revised Code.
Section 335.40. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT
SERVICES
GRF |
335-404 |
|
Behavioral Health Services-Children |
|
$ |
8,076,153 |
|
$ |
8,711,153 |
GRF |
335-405 |
|
Family & Children First |
|
$ |
2,260,000 |
|
$ |
2,260,000 |
GRF |
335-419 |
|
Community Medication Subsidy |
|
$ |
9,959,798 |
|
$ |
9,959,798 |
GRF |
335-505 |
|
Local Mental Health Systems of Care |
|
$ |
104,187,868 |
|
$ |
104,187,868 |
TOTAL GRF General Revenue Fund |
|
$ |
124,483,819 |
|
$ |
125,118,819 |
General Services Fund Group
4P9 |
335-604 |
|
Community Mental Health Projects |
|
$ |
250,000 |
|
$ |
250,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
250,000 |
|
$ |
250,000 |
Federal Special Revenue Fund Group
3A6 |
335-608 |
|
Federal Miscellaneous |
|
$ |
2,178,699 |
|
$ |
2,178,699 |
3A7 |
335-612 |
|
Social Services Block Grant |
|
$ |
8,657,288 |
|
$ |
8,657,288 |
3A8 |
335-613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
2,595,040 |
|
$ |
2,595,040 |
3A9 |
335-614 |
|
Mental Health Block Grant |
|
$ |
14,969,400 |
|
$ |
14,969,400 |
3B1 |
335-635 |
|
Community Medicaid Expansion |
|
$ |
299,614,455 |
|
$ |
316,699,716 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
328,014,882 |
|
$ |
345,100,143 |
State Special Revenue Fund Group
5AU |
335-615 |
|
Behavioral Healthcare |
|
$ |
6,690,000 |
|
$ |
6,690,000 |
632 |
335-616 |
|
Community Capital Replacement |
|
$ |
350,000 |
|
$ |
350,000 |
5CH |
335-622 |
|
Residential Support Service |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
8,540,000 |
|
$ |
8,540,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
461,288,701 |
|
$ |
479,008,962 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
580,657,879 |
|
$ |
578,029,979 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
169,430,930 |
|
$ |
184,368,930 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE |
|
|
|
|
|
|
FUND GROUP |
|
$ |
385,131,197 |
|
$ |
418,216,458 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
16,059,867 |
|
$ |
16,039,867 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
TOTAL DEPARTMENT OF MENTAL HEALTH |
|
$ |
1,151,279,873 |
|
$ |
1,196,655,234 |
Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN
The foregoing appropriation item 335-404, Behavioral Health Services-Children, shall be used to provide behavioral health services for children and their families. Behavioral health services include mental health and alcohol and other drug treatment services and other necessary supports.
Of the foregoing appropriation item 335-404, Behavioral Health Services-Children, an amount up to $4.5 million in fiscal year 2008 and $5.5 million in fiscal year 2009 shall be distributed to local Alcohol, Drug Addiction, and Mental Health Boards; Community Mental Health Boards; and Alcohol and Drug Addiction Boards, based upon a distribution formula and guidance defined by a team of state and local stakeholders appointed by the Ohio Family and Children First Cabinet Council. This team shall include, but not be limited to, all of the following:
(A) At least one representative from each of the Departments of Alcohol and Drug Addiction Services, Mental Health, Education, Health, Job and Family Services, Mental Retardation and Developmental Disabilities, and the Department of Youth Services;
(B) At least one person representing local public children's services agencies;
(C) At least one person representing juvenile courts;
(D) At least one person representing local Alcohol, Drug Addiction, and Mental Health Boards; Community Mental Health Boards; and Alcohol and Drug Addiction Boards;
(E) At least one person representing local Family and Children First Council Coordinators;
(F) At least one family representative.
Funds may be used to support the following services and activities as determined by local Alcohol, Drug Addiction, and Mental Health Boards; Community Mental Health Boards; and Alcohol and Drug Addiction Boards and local family and children first councils and aligned with county service coordination mechanism as described in division (C) of section 121.37 of the Revised Code:
(A) Mental health services provided by the Ohio Department of Mental Health certified agencies and alcohol and other drug services provided by Department of Alcohol and Drug Addiction Services certified agencies;
(B) Services and supports for children and their families that further the implementation of their individual service plans;
(C) Treatment services in out-of-home settings, including residential facilities, when other alternatives are not available or feasible;
(D) Administrative support for efforts associated with this initiative;
(E) These funds shall not be used to supplant existing efforts.
Of the foregoing appropriation item 335-404, Behavioral Health Services-Children, an amount up to $1.0 million in fiscal year 2008 and $1.0 million in fiscal year 2009 shall be used to support projects, as determined by the Ohio Family and Children First Cabinet Council, in select areas around the state to focus on improving behavioral health juvenile justice services.
Of the foregoing appropriation item 335-405, Family & Children First, an amount up to $500,000 in fiscal year 2008 and $500,000 in fiscal year 2009 shall be used for children for whom the primary focus of treatment is not a mental health or alcohol or drug addiction disorder and require services or supports to assist those needs through the County Family and Children First Council.
Of the foregoing appropriation item 335-404, Behavioral Health Services – Children, an amount up to $500,000 in each fiscal year shall be used to provide behavioral health treatment services for children from birth to age seven.
Section 335.40.15. BEHAVIORAL HEALTH PILOT PROGRAM IN SPECIFIED COUNTIES
(A) As used in this section:
(1) "Local boards" means all of the following, collectively:
(a) The Clermont County Mental Health & Recovery Board;
(b) The Heartland East Collaborative, which is comprised of the Ashtabula Mental Health & Recovery Board; the Columbiana County Mental Health & Recovery Board; the Mental Health & Recovery Board of Portage County; the Alcohol & Drug Addiction Services Board of Stark County; the Stark County Community Mental Health Board; and the Mental Health & Recovery Board of Wayne and Holmes Counties;
(c) The Alcohol, Drug and Mental Health Board of Franklin County;
(d) The Geauga County Board of Mental Health and Recovery Services;
(e) The Mental Health, Drug and Alcohol Services Board of Logan and Champaign Counties;
(f) The Mental Health & Recovery Services Board of Lucas County;
(g) The Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction and Mental Health Services;
(h) The Mental Health and Recovery Services Board of Richland County.
(2) "Large county local boards" means the Alcohol, Drug and Mental Health Board of Franklin County and the Mental Health & Recovery Services Board of Lucas County.
(3) "Medicaid managed care plan" means a health insuring corporation under contract with the Department of Job and Family Services pursuant to section 5111.17 of the Revised Code.
(4) "Mid-size county local boards" means the Mental Health and Recovery Services Board of Richland County and the Clermont County Mental Health & Recovery Board.
(5) "Selected local boards" means the local boards selected pursuant to division (B) of this section to participate in the behavioral health pilot program.
(6) "Small county local boards" means the Geauga County Board of Mental Health and Recovery Services; the Mental Health, Drug and Alcohol Services Board of Logan and Champaign Counties; and the Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction and Mental Health Services.
(B) The local boards and the Departments of Mental Health, Alcohol and Drug Addiction Services, and Job and Family Services shall select one large county local board, one mid-size county local board, and one small local board to participate with the Heartland East Collaborative in a behavioral health pilot program to be developed and operating not later than October 1, 2007, that serves the counties of the selected local boards and the counties served by the Heartland East Collaborative. The purpose of the program is to test a model of a system of care for community behavioral health services delivered to individuals described in division (E) of this section. The pilot program shall cease to operate on June 30, 2009.
(C) The model tested by the pilot program shall propose to do all of the following:
(1) Provide clinically appropriate and timely behavioral health services;
(2) Provide improved access to a full continuum of behavioral health care to Medicaid recipients and individuals who are not Medicaid recipients;
(3) Improve the quality of behavioral health services provided;
(4) Improve accountability for behavioral health services provided through measurement of outcomes;
(5) Control costs to assure financial viability;
(6) Consider all public funds administered through the boards;
(7) Coordinate with Medicaid managed care plans operating in the counties in which the pilot is operated.
(8)
Have the ability to be replicated in all regions of the state.
(D) The pilot program may include the following elements:
(1) Development of defined behavioral health service packages;
(2) Guidelines to ensure that behavioral health service types and amounts match individual needs;
(3) Identification and tracking of outcomes;
(4) A process for care coordination and utilization review and management;
(5) Performance standards for provider participation.
(E) The pilot program shall target the following individuals:
(1) Adults who reside in the counties served by the selected local boards and have been diagnosed as suffering from one or more serious mental illnesses;
(2) Adults who reside in the counties served by the selected local boards and have been diagnosed as suffering from alcoholism or drug addiction, or both;
(3) Adults who reside in the counties served by the selected local boards and have been diagnosed as suffering from at least one of the conditions described in division (E)(1) of this section and at least one of the conditions described in division (E)(2) of this section, who have been identified as having a high risk for frequent utilization of behavioral health services, and who currently receive services from the public behavioral health system.
To the extent determined appropriate by the advisory committee that must be convened under division (G) of this section, the pilot program may target adults who reside in the counties served by the selected local boards and have been identified as having a high risk for frequent utilization of behavioral health services, regardless of diagnosis.
(F) The selected local boards, the Departments of Mental Health, Alcohol and Drug Addiction Services, and Job and Family Services, and the Medicaid managed care plans operating in the counties in which the pilot is operated shall conduct an interim and final evaluation of the pilot program. A report summarizing the findings of the interim evaluation shall be submitted to the Governor, the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, and the Directors of Mental Health, Alcohol and Drug Addiction Services, and Job and Family Services not later than January 30, 2009. A report summarizing the findings of the final evaluation shall be submitted to the Governor, the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, and the Directors of Mental Health, Alcohol and Drug Addiction Services, and Job and Family Services not later than September 1, 2009.
(G) The selected local boards, Departments of Mental Health, Alcohol and Drug Addiction Services, and Job and Family Services, and Medicaid managed care plans operating in the counties in which the pilot is operated shall convene an advisory committee to consult the selected local boards and the Departments of Mental Health, Alcohol and Drug Addiction Services, and Job and Family Services in the development and operation of the pilot program. Members of the advisory committee shall represent consumers, advocacy groups, and providers of alcohol and drug addiction or mental health services.
On submission of the report summarizing the results of the final evaluation of the pilot program, the advisory committee shall cease to exist.
Section 335.40.20. COMMUNITY MEDICATION SUBSIDY
The foregoing appropriation item 335-419, Community
Medication Subsidy, shall be used to provide subsidized support
for psychotropic medication needs of indigent citizens in the
community to reduce unnecessary hospitalization because of lack
of
medication and to provide subsidized support for methadone
costs.
Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE
The foregoing appropriation item 335-505, Local Mental Health Systems of Care, shall be used for mental health services provided by community mental health boards in accordance with a community mental health plan submitted under section 340.03 of the Revised Code and as approved by the Department of Mental Health.
Of the foregoing appropriation item 334-505, Local Mental Health Systems of Care, not less than $37,058,917 in fiscal year 2008 and not less than $37,058,917 in fiscal year 2009 shall be distributed by the Department of Mental Health on a per capita basis to community mental health boards.
Of the foregoing appropriation item 335-505, Local Mental Health Systems of Care, $10,000 in each fiscal year shall be allocated to The Gathering Place in Athens.
Of the foregoing appropriation 335-505, Local Mental Health Systems of Care, $150,000 in each fiscal year shall be used to fund family and consumer education and support.
Section 335.40.40. RESIDENTIAL STATE SUPPLEMENT
The foregoing appropriation item 335-622, Residential State Supplement, shall be used to provide subsidized support for licensed adult care facilities that serve individuals with mental illness.
Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
Section 337.20. GENERAL ADMINISTRATION AND STATEWIDE SERVICES
GRF |
320-321 |
|
Central Administration |
|
$ |
9,638,610 |
|
$ |
9,638,610 |
GRF |
320-412 |
|
Protective Services |
|
$ |
2,792,322 |
|
$ |
2,792,322 |
GRF |
320-415 |
|
Lease-Rental Payments |
|
$ |
23,767,400 |
|
$ |
20,504,500 |
TOTAL GRF General Revenue Fund |
|
$ |
36,198,332 |
|
$ |
32,935,432 |
General Services Fund Group
4B5 |
320-640 |
|
Training and Service Development |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
Federal Special Revenue Fund Group
3A5 |
320-613 |
|
DD Council
|
|
$ |
2,705,004 |
|
$ |
2,743,630 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,705,004 |
|
$ |
2,743,630 |
State Special Revenue Fund Group |
|
|
|
|
|
|
5S2 |
590-622 |
|
Medicaid Administration & Oversight |
|
$ |
11,003,855 |
|
$ |
11,472,335 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
11,003,855 |
|
$ |
11,472,335 |
TOTAL ALL GENERAL ADMINISTRATION |
|
|
|
|
|
|
AND STATEWIDE SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
50,007,191 |
|
$ |
47,251,397 |
Section 337.20.10. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 320-415,
Lease-Rental
Payments,
shall be used to meet
all payments at the time they are required to be made during the
period from July 1, 2007, to June
30, 2009, by the Department of
Mental Retardation and
Developmental Disabilities under leases and
agreements
made
under section 154.20 of the Revised Code. These appropriations are the source of funds pledged for bond service charges or obligations issued pursuant to Chapter 154. of the Revised Code.
Section 337.20.20. MR/DD FUTURES STUDY COMMITTEE
(A) There is hereby created the MR/DD Futures Study Committee. The Committee shall consist of the following:
(1) One member who is an individual eligible to receive services from a county board of mental retardation and developmental disabilities, appointed by the Governor;
(2) One member who is an immediate family member of an individual eligible to receive services from a county board of mental retardation and developmental disabilities, appointed by the Governor;
(3) Two members who are members of the House of Representatives, appointed by the Speaker of the House of Representatives as follows:
(a) One member from the majority party;
(b) One member from the minority party.
(4) Two members who are members of the Senate, appointed by the President of the Senate as follows:
(a) One member from the majority party;
(b) One member from the minority party.
(5) Four members of statewide advocacy organizations for individuals with mental retardation or other developmental disabilities, appointed as follows:
(a) One member by the Board of Trustees of the Arc of Ohio;
(b) One member by the Board of Directors of the Ohio League for the Mentally Retarded;
(c) One member by the Board of People First of Ohio;
(d) One member by the governing board of an organization designated by the Director of Mental Retardation and Developmental Disabilities;
(6) One member appointed by the Board of Directors of the Ohio Self-Determination Association;
(7) One member appointed by the governing authority of the Ohio Superintendents of County Boards of Mental Retardation and Developmental Disabilities Association;
(8) Two members appointed by the Board of Trustees of the Ohio Association of County Boards of Mental Retardation and Developmental Disabilities;
(9) One member appointed by the Board of Trustees of the County Commissioners' Association of Ohio;
(10) Two members appointed by the Board of Trustees of the Ohio Provider Resource Association;
(11) One member appointed by the Board of Directors of the Ohio Health Care Association;
(12) The Director of Job and Family Services or the Director's designee;
(13) Two members appointed by the Governor who are representatives of statewide labor organizations representing public employees;
(14) The Director of Mental Retardation and Developmental Disabilities, who shall serve as the committee's chairperson.
(B) The Governor shall not appoint an individual under division (A)(1) or (2) of this section if the individual is an employee of the state, an employee or member of a county board of mental retardation and developmental disabilities, or an employee or a governing board member of a provider of services to an individual with mental retardation and developmental disabilities.
(C) Members of the Committee shall be appointed not later than thirty days after the effective date of this section. Members of the Committee shall serve without compensation, except to the extent that serving on the committee is considered part of their regular employment duties. The Department of Mental Retardation and Developmental Disabilities may reimburse members of the Committee for their reasonable travel expenses.
(D) The Committee shall meet at times and locations determined by the chairperson to do all of the following:
(1) Review the effectiveness, efficiency, and sustainability of current uses of funding for the state's mental retardation and developmental disabilities system;
(2) Propose alternatives for effectively funding the nonfederal share of Medicaid expenditures for home and community-based services for individuals with mental retardation and other developmental disabilities, including the amendments by this act to sections 5123.047, 5123.048, 5123.0414, 5126.059, 5126.0510, 5126.0511, and 5126.0512 of the Revised Code.
(3) Identify the potential for reducing administrative costs in the state's mental retardation and developmental disabilities system;
(4) Propose alternatives for effectively balancing revenues available to the state and the county boards of mental retardation and developmental disabilities to fulfill their responsibilities for funding, planning, and monitoring the delivery of mental retardation and developmental disability services;
(5) Examine the efficiency and effectiveness of the current system of separate and concurrent mental retardation and developmental disabilities accreditation, licensure, certification, quality assurance, and quality improvement activities and propose changes to improve that system;
(6) Recommend steps necessary to assure the long term financial sustainability of mental retardation and developmental disability services to meet current and future needs while affording counties the ability to make local decisions about the priority uses of local tax levy funding;
(7) Determine the feasibility and potential benefits of regional planning approaches to meet specialized and intensive service needs;
(8) Propose improvements needed and action steps to fully realize the principle of self-determination by individuals with mental retardation and other developmental disabilities;
(9) Evaluate the effectiveness and equity of the state's mental retardation and developmental disabilities systems' uses of waiting and service substitution lists, priority populations, and having separate acuity instruments that vary by service setting;
(10) Review other matters the Director of Mental Retardation and Developmental Disabilities considers appropriate for evaluations.
(E) The Committee shall not transact business unless a quorum is present. A majority of the Committee members constitutes a quorum.
(F) Not later than March 30, 2008, the Committee shall submit a report on its actions and recommendations to the Governor and General Assembly. The Committee shall cease to exist on submission of the report.
Section 337.30. COMMUNITY SERVICES
GRF |
322-413 |
|
Residential and Support
Services |
|
$ |
6,753,881 |
|
$ |
6,753,881 |
GRF |
322-416 |
|
Medicaid Waiver - State Match |
|
$ |
109,551,380 |
|
$ |
109,551,380 |
GRF |
322-451 |
|
Family Support Services |
|
$ |
6,938,898 |
|
$ |
6,938,898 |
GRF |
322-501 |
|
County Boards Subsidies |
|
$ |
87,270,048 |
|
$ |
87,270,048 |
GRF |
322-503 |
|
Tax Equity |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
GRF |
322-504 |
|
Martin Settlement |
|
$ |
6,159,766 |
|
$ |
29,036,451 |
TOTAL GRF General Revenue Fund |
|
$ |
230,673,973 |
|
$ |
253,550,658 |
General Services Fund Group
488 |
322-603 |
|
Provider Audit Refunds |
|
$ |
10,000 |
|
$ |
10,000 |
5MO |
322-628 |
|
Martin Settlement |
|
$ |
150,000 |
|
$ |
0 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
160,000 |
|
$ |
10,000 |
Federal Special Revenue Fund Group
3G6 |
322-639 |
|
Medicaid Waiver - Federal |
|
$ |
456,311,171 |
|
$ |
506,618,829 |
3M7 |
322-650 |
|
CAFS Medicaid |
|
$ |
4,278,713 |
|
$ |
0 |
325 |
322-612 |
|
Community Social Service Programs
|
|
$ |
11,186,114 |
|
$ |
11,164,639 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
471,775,998 |
|
$ |
517,783,468 |
State Special Revenue Fund Group
4K8 |
322-604 |
|
Medicaid Waiver - State Match |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
5DJ |
322-625 |
|
Targeted Case Management Match |
|
$ |
11,082,857 |
|
$ |
11,470,757 |
5DJ |
322-626 |
|
Targeted Case Management Services |
|
$ |
27,548,737 |
|
$ |
28,512,943 |
5EV |
322-627 |
|
Program Fees |
|
$ |
20,000 |
|
$ |
20,000 |
5H0 |
322-619 |
|
Medicaid Repayment |
|
$ |
10,000 |
|
$ |
10,000 |
5Z1 |
322-624 |
|
County Board Waiver Match |
|
$ |
116,000,000 |
|
$ |
126,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
166,661,594 |
|
$ |
178,013,700 |
TOTAL ALL COMMUNITY SERVICES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
869,271,565 |
|
$ |
949,357,826 |
Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES
The Department of Mental Retardation and Developmental Disabilities may designate a portion of appropriation item 322-413, Residential and Support Services, for Sermak Class Services used to implement the requirements
of the agreement settling the condecree in
Sermak v. Manuel, Case No.
c-2-80-220,
United
States District Court for the Southern District
of Ohio,
Eastern Division.
Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS
Notwithstanding Chapters 5123. and 5126. of the Revised Code, the Department of Mental Retardation and Developmental Disabilities may develop residential and support service programs funded by appropriation item 322-413, Residential and Support Services, and the appropriation for supported living in appropriation item 322-501, County Board Subsidy, that enable persons with mental retardation and developmental disabilities to live in the community. Notwithstanding Chapter 5121. and section 5123.122 of the Revised Code, the Department may waive the support collection requirements of those statutes for persons in community programs developed by the Department under this section. The Department shall adopt rules under Chapter 119. of the Revised Code or may use existing rules for the implementation of these programs.
Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)
Except as otherwise provided in section 5123.0416 of the Revised Code, the purposes for which the foregoing appropriation item 322-416, Medicaid Waiver - State Match, shall be used include the following:
(A) Home and community-based waiver services under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(B) To pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds, if the Director of Mental Retardation and Developmental Disabilities is required by this act to transfer to the Director of Job and Family Services funds to pay such nonfederal share.
Except as otherwise provided in section 5123.0416 of the Revised Code, the Department of Mental Retardation and Developmental Disabilities may designate a portion of appropriation item 322-416, Medicaid Waiver - State Match, to county boards of mental retardation and developmental disabilities that have greater need for various residential and support services because of a low percentage of residential and support services development in comparison to the number of individuals with mental retardation or developmental disabilities in the county.
Section 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS
Except as otherwise provided in Section 337.40.30 of this act, the Department of Mental Retardation and Developmental Disabilities shall use the foregoing appropriation item 322-501, County Boards Subsidy, to pay each county board of mental retardation and developmental disabilities in each fiscal year of the biennium an amount that is equal to the amount such board received in fiscal year 2007 from former appropriation items 322-417, Supported Living; 322-452, Service and Support Administration; and 322-501, County Boards Subsidies.
Except as otherwise provided in section 5126.0511 of the Revised Code, county boards shall use the subsidy for early childhood services and adult services provided under section 5126.05 of the Revised Code, service and support administration provided under section 5126.15 of the Revised Code, and supported living as defined in section 5126.01 of the Revised Code.
In the event that the appropriation in appropriation item 322-501, County Board Subsidy, for fiscal year 2008 or fiscal year 2009 is greater than the subsidy paid by the Department for fiscal year 2007 from former appropriation items 332-417, Supported Living; 322-452, Services and Support Administration; and 322-501, County Boards Subsidies, the Department and county boards shall develop a formula for allocating the additional appropriation to each county board to support priorities determined by the Department and county boards.
The Department shall distribute this subsidy to county boards in quarterly installments of equal amounts. The installments shall be made not later than the thirtieth day of September, the thirty-first day of December, the thirty-first day of March, and thirtieth day of June.
The Department also may use the foregoing appropriation item 322-501, County Boards Subsidy, to pay the nonfederal share of the cost of one or more new intermediate care facility for the mentally retarded certified beds, if the Director of Mental Retardation and Developmental Disabilities is required by this act to transfer to the Director of Job and Family Services funds to pay such nonfederal share.
Section 337.30.43. TAX EQUITY
Notwithstanding section 5126.18 of the Revised Code, if a county board of mental retardation and developmental disabilities received a tax equity payment in fiscal year 2007, but would not receive such a payment in fiscal years 2008 and 2009, the Department of Mental Retardation and Developmental Disabilities shall use the foregoing appropriation item 322-503, Tax Equity, to pay each such board in each fiscal year of the biennium an amount that is equal to the tax equity payment the board received in fiscal year 2007 or $25,000, whichever is less. The Department shall use the remainder of the appropriation item to make tax equity payments in accordance with section 5126.18 of the Revised Code.
Section 337.30.45. MARTIN CONSENT ORDER COMPLIANCE
To comply with the Martin Consent Order, on July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer $150,000 in cash from the General Revenue Fund to the Program Income Fund (FUND 5MO).
Section 337.30.50. MEDICAID WAIVER - STATE MATCH (FUND 4K8)
The foregoing appropriation item 322-604, Medicaid Waiver - State Match (Fund
4K8),
shall be used as state matching funds for the home and
community-based
waivers.
Section 337.30.60. TARGETED CASE MANAGEMENT SERVICES
County boards of mental retardation and developmental disabilities shall pay the nonfederal portion of targeted case management costs to the Department of Mental Retardation and Developmental Disabilities. The Director of Mental Retardation and Developmental Disabilities shall withhold any amount owed to the Department from subsequent disbursements from any appropriation item or money otherwise due to a nonpaying county.
The Departments of Mental Retardation and Developmental Disabilities and Job and Family Services may enter into an interagency agreement under which the Department of Mental Retardation and Developmental Disabilities shall pay the Department of Job and Family Services the nonfederal portion of the cost of targeted case management services paid by county boards and the Department of Job and Family Services shall pay the total cost of targeted case management claims.
Section 337.30.70. TRANSFER TO PROGRAM FEE FUND
On July 1, 2007, or as soon as possible thereafter, the Director of Mental Retardation and Developmental Disabilities shall certify to the Director of Budget and Management the amount of cash that has been deposited into Fund 4B5, Conference/Training, pursuant to sections 5123.19 and 5126.25 of the Revised Code, less the amount that has been expended from Fund 4B5 to operate the Certification and Registration Program established under section 5126.25 of the Revised Code and to license and inspect residential facilities as outlined in section 5123.19 of the Revised Code. The certified amount shall not include amounts deposited into Fund 4B5 for training and conferences conducted by the Department of Mental Retardation and Developmental Disabilities. Upon receipt of the certification, the Director of Budget and Management shall transfer cash equal to the amount certified and all associated liabilities and obligations to Fund 5EV, Program Fee Fund, in the Department of Mental Retardation and Developmental Disabilities.
Section 337.30.80. DEVELOPMENTAL CENTER BILLING FOR
SERVICES
Developmental centers of the Department of Mental Retardation
and
Developmental Disabilities may provide services to persons
with mental
retardation or developmental disabilities living in
the community or to
providers of services to these persons. The
Department may develop a
method for recovery of all costs
associated with the provisions of these
services.
Section 337.40. RESIDENTIAL FACILITIES
GRF |
323-321 |
|
Developmental Center and Residential Facilities
Operation Expenses |
|
$ |
102,796,851 |
|
$ |
102,796,851 |
TOTAL GRF General Revenue Fund |
|
$ |
102,796,851 |
|
$ |
102,796,851 |
General Services Fund Group
152 |
323-609 |
|
Developmental Center and Residential Operating Services
|
|
$ |
912,177 |
|
$ |
912,177 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
912,177 |
|
$ |
912,177 |
Federal Special Revenue Fund Group
3A4 |
323-605 |
|
Developmental Center and Residential Facility Services and Support |
|
$ |
136,299,536 |
|
$ |
137,555,308 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
136,299,536 |
|
$ |
137,555,308 |
State Special Revenue Fund Group
221 |
322-620 |
|
Supplement Service Trust |
|
$ |
150,000 |
|
$ |
150,000 |
489 |
323-632 |
|
Developmental Center Direct Care Support |
|
$ |
14,543,764 |
|
$ |
14,671,616 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,693,764 |
|
$ |
14,821,616 |
TOTAL ALL RESIDENTIAL FACILITIES |
|
|
|
|
|
|
BUDGET FUND GROUPS |
|
$ |
254,702,328 |
|
$ |
256,085,952 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL REVENUE FUND |
|
$ |
369,669,156 |
|
$ |
389,282,941 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
GENERAL SERVICES FUND GROUP |
|
$ |
1,172,177 |
|
$ |
1,022,177 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
FEDERAL SPECIAL REVENUE FUND GROUP |
|
$ |
610,780,538 |
|
$ |
658,082,406 |
DEPARTMENT TOTAL |
|
|
|
|
|
|
STATE SPECIAL REVENUE FUND GROUP |
|
$ |
192,359,213 |
|
$ |
204,307,651 |
TOTAL DEPARTMENT OF MENTAL |
|
|
|
|
|
|
RETARDATION AND DEVELOPMENTAL |
|
|
|
|
|
|
DISABILITIES |
|
$ |
1,173,981,084 |
|
$ |
1,252,695,175 |
Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER PHARMACY PROGRAMS
The Department of Mental Retardation and Developmental Disabilities shall pay the Department of Job and Family Services quarterly, through intrastate transfer voucher, the nonfederal share of Medicaid prescription drug claim costs for all developmental centers paid by the Department of Job and Family Services.
Section 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT PROGRAM
The Director of Job and Family Services, working with the Director of Mental Retardation and Developmental Disabilities, shall submit to the United States Secretary of Health and Human Services an amendment to the federal Medicaid waiver authorizing the Individual Options Medicaid waiver program as necessary to establish, as part of the Individual Options Medicaid Waiver program, a pilot program to be operated during calendar year 2008 under which the Gallipolis Developmental Center provides home and community-based services under the Individual Options Medicaid waiver program to not more than ten individuals at one time. The Director shall implement the pilot program if the United States Secretary approves the amendment.
The pilot program shall be operated in a manner consistent with the terms of the consent order filed March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United States District Court for the Southern District of Ohio, Eastern Division. The pilot program also shall be operated in accordance with the amendment to the federal Medicaid waiver authorizing the Individual Options Medicaid waiver program sought under this section. Only individuals eligible for the Individual Options Medicaid waiver program who volunteer to receive home and community-based services under the Individual Options Medicaid waiver program from the Gallipolis Developmental Center may participate in the pilot program. The Director of Mental Retardation and Developmental Disabilities and the Director of Job and Family Services shall provide the Gallipolis Developmental Center technical assistance the Center needs regarding the pilot program.
The Gallipolis Developmental Center shall be paid in the same manner and at the same rates as other providers of home and community-based services under the Individual Options Medicaid waiver program for the home and community-based services the Center provides under the program. All expenses the Gallipolis Developmental Center incurs in participating in the pilot program shall be paid from the Medicaid payments the Center receives for providing home and community-based services under the program.
The Director of Mental Retardation and Developmental Disabilities shall conduct an evaluation of the pilot program, including an evaluation of the quality and effectiveness of the home and community-based services the Gallipolis Developmental Center provides under the pilot program. The Director shall submit a report of the evaluation to the Governor and the General Assembly not later than April 1, 2009. The Director shall include in the report recommendations for or against permitting the Gallipolis Developmental Center to continue to provide home and community-based services under the Individual Options Medicaid waiver program and permitting other developmental centers to begin to provide these services.
Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT SERVICES
Any county funds received by the Department from county boards for active treatment shall be deposited in Fund 489, Mental Retardation Operating.
Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS
(A) As used in this section, "intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(B) If one or more new beds obtain certification as an intermediate care facility for the mentally retarded bed on or after July 1, 2007, the Director of Mental Retardation and Developmental Disabilities shall transfer funds to the Department of Job and Family Services to pay the nonfederal share of the cost under the Medicaid Program for those beds. Except as otherwise provided in section 5123.0416 of the Revised Code, the Director shall use only the following funds for the transfer:
(1) Funds appropriated to the Department of Mental Retardation and Developmental Disabilities in appropriation item 322-416, Medicaid Waiver - State Match;
(2) Funds appropriated to the Department in appropriation item 322-501, County Boards Subsidies.
(C) If the beds are located in a county served by a county board of mental retardation and developmental disabilities that initiates or supports the beds' certification, the funds that the Director transfers under division (B) of this section shall be funds that the Director has allocated to the county board serving the county in which the beds are located unless the amount of the allocation is insufficient to pay the entire nonfederal share of the cost under the Medicaid Program for those beds. If the allocation is insufficient, the Director shall use as much of such funds allocated to other counties as is needed to make up the difference.
Section 339.10. MIH COMMISSION ON MINORITY HEALTH
GRF |
149-321 |
|
Operating Expenses |
|
$ |
550,211 |
|
$ |
561,216 |
GRF |
149-501 |
|
Minority Health Grants |
|
$ |
670,965 |
|
$ |
1,670,965 |
GRF |
149-502 |
|
Lupus Program |
|
$ |
136,126 |
|
$ |
136,126 |
TOTAL GRF General Revenue Fund |
|
$ |
1,357,302 |
|
$ |
2,368,307 |
Federal Special Revenue Fund Group
3J9 |
149-602 |
|
Federal Grants |
|
$ |
457,486 |
|
$ |
320,297 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
457,486 |
|
$ |
320,297 |
State Special Revenue Fund Group
4C2 |
149-601 |
|
Minority Health Conference |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
150,000 |
|
$ |
150,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,964,788 |
|
$ |
2,838,604 |
Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR
REGISTRATION BOARD
General Service Fund Group
4K9 |
865-601 |
|
Operating Expenses |
|
$ |
334,995 |
|
$ |
334,995 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
334,995 |
|
$ |
334,995 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
334,995 |
|
$ |
334,995 |
CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND (FUND 4K9)
Effective July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management may transfer the cash balance in the Motor Vehicle Collision Repair Registration Fund (Fund 5H9), created in division (A) of section 4775.08 of the Revised Code, to the Occupational Licensing and Regulatory Fund (Fund 4K9), created in section 4743.05 of the Revised Code. The Director may cancel any existing encumbrances against appropriation item 865-609, Operating Expenses – CRB, in Fund 5H9, and re-establish them against appropriation item 865-601, Operating Expenses, in Fund 4K9. The amounts of the re-established encumbrances are hereby appropriated. The Motor Vehicle Collision Repair Registration Fund (Fund 5H9), created in division (A) of section 4775.08 of the Revised Code, is hereby abolished.
Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES
GRF |
725-401 |
|
Wildlife-GRF Central Support |
|
$ |
2,705,950 |
|
$ |
2,800,930 |
GRF |
725-404 |
|
Fountain Square Rental Payments - OBA |
|
$ |
1,094,900 |
|
$ |
1,081,200 |
GRF |
725-407 |
|
Conservation Reserve Enhancement Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
GRF |
725-413 |
|
Lease Rental Payments |
|
$ |
19,589,400 |
|
$ |
18,316,200 |
GRF |
725-423 |
|
Stream and Ground Water Gauging |
|
$ |
311,910 |
|
$ |
311,910 |
GRF |
725-425 |
|
Wildlife License Reimbursement |
|
$ |
500,000 |
|
$ |
400,000 |
GRF |
725-456 |
|
Canal Lands |
|
$ |
332,859 |
|
$ |
332,859 |
GRF |
725-502 |
|
Soil and Water Districts |
|
$ |
12,237,420 |
|
$ |
12,895,791 |
GRF |
725-903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
24,713,800 |
|
$ |
25,723,000 |
GRF |
727-321 |
|
Division of Forestry |
|
$ |
8,541,511 |
|
$ |
8,541,511 |
GRF |
728-321 |
|
Division of Geological Survey |
|
$ |
1,799,222 |
|
$ |
1,825,150 |
GRF |
729-321 |
|
Office of Information Technology |
|
$ |
440,895 |
|
$ |
440,895 |
GRF |
730-321 |
|
Division of Parks and Recreation |
|
$ |
39,874,841 |
|
$ |
39,874,841 |
GRF |
733-321 |
|
Division of Water |
|
$ |
3,207,619 |
|
$ |
3,257,619 |
GRF |
736-321 |
|
Division of Engineering |
|
$ |
3,118,703 |
|
$ |
3,118,703 |
GRF |
737-321 |
|
Division of Soil and Water |
|
$ |
4,074,788 |
|
$ |
4,074,788 |
GRF |
738-321 |
|
Division of Real Estate and Land Management |
|
$ |
2,291,874 |
|
$ |
2,291,874 |
GRF |
741-321 |
|
Division of Natural Areas and Preserves |
|
$ |
3,050,000 |
|
$ |
3,050,000 |
GRF |
744-321 |
|
Division of Mineral
Resources Management |
|
$ |
3,068,167 |
|
$ |
3,068,167 |
TOTAL GRF General Revenue Fund |
|
$ |
131,953,859 |
|
$ |
132,405,438 |
General Services Fund Group
155 |
725-601 |
|
Departmental Projects |
|
$ |
2,259,402 |
|
$ |
2,260,021 |
157 |
725-651 |
|
Central Support Indirect |
|
$ |
6,228,950 |
|
$ |
6,528,675 |
204 |
725-687 |
|
Information Services |
|
$ |
4,676,627 |
|
$ |
4,676,627 |
207 |
725-690 |
|
Real Estate Services |
|
$ |
64,000 |
|
$ |
64,000 |
223 |
725-665 |
|
Law Enforcement Administration |
|
$ |
2,230,485 |
|
$ |
2,358,307 |
227 |
725-406 |
|
Parks Projects Personnel |
|
$ |
110,000 |
|
$ |
110,000 |
4D5 |
725-618 |
|
Recycled Materials |
|
$ |
50,000 |
|
$ |
50,000 |
4S9 |
725-622 |
|
NatureWorks Personnel |
|
$ |
525,000 |
|
$ |
525,000 |
4X8 |
725-662 |
|
Water Resources Council |
|
$ |
125,000 |
|
$ |
125,000 |
430 |
725-671 |
|
Canal Lands |
|
$ |
1,150,082 |
|
$ |
1,150,082 |
508 |
725-684 |
|
Natural Resources Publications |
|
$ |
148,527 |
|
$ |
148,280 |
510 |
725-631 |
|
Maintenance - State-owned Residences |
|
$ |
353,611 |
|
$ |
303,611 |
516 |
725-620 |
|
Water Management |
|
$ |
2,913,618 |
|
$ |
2,931,513 |
635 |
725-664 |
|
Fountain Square Facilities Management |
|
$ |
3,609,835 |
|
$ |
3,640,398 |
697 |
725-670 |
|
Submerged Lands |
|
$ |
751,342 |
|
$ |
772,011 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
25,196,479 |
|
$ |
25,643,525 |
Federal Special Revenue Fund Group
3B3 |
725-640 |
|
Federal Forest Pass-Thru |
|
$ |
225,000 |
|
$ |
225,000 |
3B4 |
725-641 |
|
Federal Flood Pass-Thru |
|
$ |
490,000 |
|
$ |
490,000 |
3B5 |
725-645 |
|
Federal Abandoned Mine Lands |
|
$ |
14,307,664 |
|
$ |
14,307,667 |
3B6 |
725-653 |
|
Federal Land and Water Conservation Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
3B7 |
725-654 |
|
Reclamation -
Regulatory |
|
$ |
2,107,291 |
|
$ |
2,107,292 |
3P0 |
725-630 |
|
Natural Areas and Preserves - Federal |
|
$ |
215,000 |
|
$ |
215,000 |
3P1 |
725-632 |
|
Geological Survey - Federal |
|
$ |
655,000 |
|
$ |
720,000 |
3P2 |
725-642 |
|
Oil and Gas-Federal |
|
$ |
226,961 |
|
$ |
234,509 |
3P3 |
725-650 |
|
Coastal Management - Federal |
|
$ |
2,643,323 |
|
$ |
1,691,237 |
3P4 |
725-660 |
|
Water - Federal |
|
$ |
316,304 |
|
$ |
316,734 |
3R5 |
725-673 |
|
Acid Mine Drainage Abatement/Treatment |
|
$ |
1,999,998 |
|
$ |
2,025,001 |
3Z5 |
725-657 |
|
REALM-Federal |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
332 |
725-669 |
|
Federal Mine Safety Grant |
|
$ |
258,102 |
|
$ |
258,102 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
27,294,643 |
|
$ |
26,440,542 |
State Special Revenue Fund Group
4J2 |
725-628 |
|
Injection Well Review |
|
$ |
67,578 |
|
$ |
68,933 |
4M7 |
725-631 |
|
Wildfire Suppression |
|
$ |
70,000 |
|
$ |
0 |
4M7 |
725-686 |
|
Wildfire Suppression |
|
$ |
100,000 |
|
$ |
100,000 |
4U6 |
725-668 |
|
Scenic Rivers Protection |
|
$ |
407,100 |
|
$ |
407,100 |
5BV |
725-683 |
|
Soil and Water Districts |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
5B3 |
725-674 |
|
Mining Regulation |
|
$ |
28,850 |
|
$ |
28,850 |
5K1 |
725-626 |
|
Urban Forestry Grant |
|
$ |
10,000 |
|
$ |
12,000 |
5P2 |
725-634 |
|
Wildlife Boater Angler Administration |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
509 |
725-602 |
|
State Forest |
|
$ |
5,070,946 |
|
$ |
5,211,924 |
511 |
725-646 |
|
Ohio Geological Mapping |
|
$ |
815,179 |
|
$ |
724,310 |
512 |
725-605 |
|
State Parks Operations |
|
$ |
27,314,288 |
|
$ |
27,314,288 |
512 |
725-680 |
|
Parks Facilities Maintenance |
|
$ |
2,576,240 |
|
$ |
2,576,240 |
514 |
725-606 |
|
Lake Erie Shoreline |
|
$ |
917,113 |
|
$ |
757,113 |
518 |
725-643 |
|
Oil and Gas Permit Fees |
|
$ |
2,574,378 |
|
$ |
2,586,568 |
518 |
725-677 |
|
Oil and Gas Well Plugging |
|
$ |
800,000 |
|
$ |
800,000 |
521 |
725-627 |
|
Off-Road Vehicle Trails |
|
$ |
198,490 |
|
$ |
143,490 |
522 |
725-656 |
|
Natural Areas and Preserves |
|
$ |
1,550,670 |
|
$ |
1,550,670 |
526 |
725-610 |
|
Strip Mining Administration Fee |
|
$ |
1,932,491 |
|
$ |
1,903,871 |
527 |
725-637 |
|
Surface Mining Administration |
|
$ |
1,852,842 |
|
$ |
1,946,591 |
529 |
725-639 |
|
Unreclaimed Land Fund |
|
$ |
2,892,516 |
|
$ |
2,024,257 |
531 |
725-648 |
|
Reclamation Forfeiture |
|
$ |
2,062,234 |
|
$ |
2,062,237 |
532 |
725-644 |
|
Litter Control and Recycling |
|
$ |
6,280,681 |
|
$ |
6,280,681 |
586 |
725-633 |
|
Scrap Tire Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
615 |
725-661 |
|
Dam Safety |
|
$ |
548,223 |
|
$ |
595,416 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
64,419,819 |
|
$ |
63,444,539 |
Clean Ohio Conservation Fund Group
061 |
725-405 |
|
Clean Ohio Operating |
|
$ |
155,000 |
|
$ |
155,000 |
TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
155,000 |
|
$ |
155,000 |
015 |
740-401 |
|
Division of Wildlife Conservation |
|
$ |
53,706,000 |
|
$ |
54,906,000 |
815 |
725-636 |
|
Cooperative Management Projects |
|
$ |
120,449 |
|
$ |
120,449 |
816 |
725-649 |
|
Wetlands Habitat |
|
$ |
966,885 |
|
$ |
966,885 |
817 |
725-655 |
|
Wildlife Conservation Checkoff Fund |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
818 |
725-629 |
|
Cooperative Fisheries Research |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
819 |
725-685 |
|
Ohio River Management |
|
$ |
128,584 |
|
$ |
128,584 |
TOTAL WLF Wildlife Fund Group |
|
$ |
61,421,918 |
|
$ |
62,621,918 |
Waterways Safety Fund Group
086 |
725-414 |
|
Waterways Improvement |
|
$ |
3,925,075 |
|
$ |
4,062,452 |
086 |
725-418 |
|
Buoy Placement |
|
$ |
52,182 |
|
$ |
52,182 |
086 |
725-501 |
|
Waterway Safety Grants |
|
$ |
137,867 |
|
$ |
137,867 |
086 |
725-506 |
|
Watercraft Marine Patrol |
|
$ |
576,153 |
|
$ |
576,153 |
086 |
725-513 |
|
Watercraft Educational Grants |
|
$ |
366,643 |
|
$ |
366,643 |
086 |
739-401 |
|
Division of Watercraft |
|
$ |
19,626,681 |
|
$ |
20,166,681 |
5AW |
725-682 |
|
Watercraft Revolving Loans |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL WSF Waterways Safety Fund |
|
|
|
|
|
|
Group |
|
$ |
25,684,601 |
|
$ |
26,361,978 |
Holding Account Redistribution Fund Group
R17 |
725-659 |
|
Performance Cash Bond Refunds |
|
$ |
279,263 |
|
$ |
279,263 |
R43 |
725-624 |
|
Forestry |
|
$ |
1,950,188 |
|
$ |
2,007,977 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
2,229,451 |
|
$ |
2,287,240 |
Accrued Leave Liability Fund Group
4M8 |
725-675 |
|
FOP Contract |
|
$ |
20,844 |
|
$ |
20,844 |
TOTAL ALF Accrued Leave |
|
|
|
|
|
|
Liability Fund Group |
|
$ |
20,844 |
|
$ |
20,844 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
338,376,614 |
|
$ |
339,381,024 |
Section 343.20. CENTRAL SUPPORT INDIRECT
With the exception of the Division of Wildlife, whose direct and indirect central support charges shall be paid out of the General Revenue Fund from the foregoing appropriation item 725-401, Wildlife-GRF Central Support, the Department of Natural Resources, with approval of the Director of Budget and Management, shall utilize a methodology for determining each division's payments into the Central Support Indirect Fund (Fund 157). The methodology used shall contain the characteristics of administrative ease and uniform application in compliance with federal grant requirements. It may include direct cost charges for specific services provided. Payments to the Central Support Indirect Fund (Fund 157) shall be made using an intrastate transfer voucher.
Section 343.30. FOUNTAIN SQUARE
The foregoing appropriation item 725-404, Fountain Square
Rental Payments - OBA, shall be used by the Department of Natural
Resources to meet all payments required to be made to the Ohio
Building Authority during the period from July 1, 2007, to June
30, 2009, pursuant to leases and agreements with the Ohio Building
Authority under section 152.42 of the Revised Code. These appropriations are the source of funds pledged for bond service charges on obligations issued pursuant to Chapter 152. of the Revised Code.
The Director of Natural Resources, using intrastate transfer
vouchers, shall make payments to the General Revenue Fund from
funds other than the General Revenue Fund to reimburse the General
Revenue Fund for the other funds' shares of the lease rental
payments to the Ohio Building Authority. The transfers from the
non-General Revenue funds shall be made within 10 days of the
payment to the Ohio Building Authority for the actual amounts
necessary to fulfill the leases and agreements pursuant to section
152.241 of the Revised Code.
The foregoing appropriation item 725-664, Fountain Square
Facilities Management (Fund 635), shall be used for payment of
repairs, renovation, utilities, property management, and building
maintenance expenses for the Fountain Square Complex. Cash
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of
Natural Resources shall be deposited into the Fountain Square
Facilities Management Fund (Fund 635).
The foregoing appropriation item 725-413, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2007, to June
30, 2009, by the Department of Natural Resources pursuant to
leases and agreements made under section 154.22 of the Revised
Code. These appropriations are the source of funds pledged for bond service charges or obligations issued pursuant to Chapter 154. of the Revised Code.
NATURAL RESOURCES GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 725-903, Natural Resources
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs during the period July 1, 2007, to June 30, 2009, on obligations issued under sections 151.01 and 151.05 of the Revised Code.
Section 343.35. DIVISION OF SOIL AND WATER
Of the foregoing appropriation item 737-321, Division of Soil and Water, $100,000 in each fiscal year shall be used for soil and water quality improvements utilizing best management practices.
Section 343.40. WILDLIFE LICENSE REIMBURSEMENT
Notwithstanding the limits of the transfer from the General
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15
of the Revised Code, up to the amount available in appropriation
item 725-425, Wildlife License Reimbursement, may be transferred
from the General Revenue Fund to the Wildlife Fund (Fund 015).
Pursuant to the certification of the Director of Budget and
Management of the amount of foregone revenue in accordance with
section 1533.15 of the Revised Code, the foregoing appropriation
item in the General Revenue Fund, appropriation item 725-425,
Wildlife License Reimbursement, shall be used to reimburse the
Wildlife Fund (Fund 015) for the cost of hunting and fishing
licenses and permits issued after June 30, 1990, to individuals
who are exempted under the Revised Code from license, permit, and
stamp fees.
The foregoing appropriation item 725-456, Canal Lands, shall
be used to transfer funds to the Canal Lands Fund (Fund 430) to
provide operating expenses for the State Canal Lands Program. The
transfer shall be made using an intrastate transfer voucher and
shall be subject to the approval of the Director of Budget and
Management.
In addition to state payments to soil and water conservation
districts authorized by section 1515.10 of the Revised Code, the
Department of Natural Resources may pay to any soil and water
conservation district, from authority in appropriation item
725-502, Soil and Water Districts, an annual amount not to exceed
$30,000, upon receipt of a request and justification from the
district and approval by the Ohio Soil and Water Conservation
Commission. The county auditor shall credit the payments to the
special fund established under section 1515.10 of the Revised Code
for the local soil and water conservation district. Moneys
received by each district shall be expended for the purposes of
the district. The foregoing appropriation item 725-683, Soil and Water Districts, shall be expended for the purposes described above, except that the funding source for this appropriation shall be a fee applied on the disposal of construction and demolition debris as provided in section 1515.14 of the Revised Code, as amended by this act.
Of the foregoing appropriation item 725-683, Soil and Water Districts, $220,000 in each fiscal year shall be used to support the Heidelberg College Water Quality Laboratory.
Of the foregoing appropriation item 725-683, Soil and Water Districts, $125,000 in each fiscal year shall be used for the Indian Lake Watershed in Logan County.
Of the foregoing appropriation item 725-502, Soil and Water Districts, $50,000 in each fiscal year shall be used for the Conservation Action Project.
STATE PARK DEPRECIATION RESERVE
The foregoing appropriation item 725-680, Parks Facilities Maintenance, shall be used by the Division of Parks and Recreation to maintain state park revenue-producing facilities in the best economic operating condition and to repair and replace equipment used in the operation of state park revenue producing facilities.
OIL AND GAS WELL PLUGGING
The foregoing appropriation item 725-677, Oil and Gas Well
Plugging, shall be used exclusively for the purposes of plugging
wells and to properly restore the land surface of idle and orphan
oil and gas wells pursuant to section 1509.071 of the Revised
Code. No funds from the appropriation item shall be used for
salaries, maintenance, equipment, or other administrative
purposes, except for those costs directly attributed to the
plugging of an idle or orphan well. Appropriation authority from
this appropriation item shall not be transferred to any other fund or line
item.
LITTER CONTROL AND RECYCLING
Of the foregoing appropriation item, 725-644, Litter Control and Recycling, not more than $1,500,000 may be used in each fiscal year for the administration of the Recycling and Litter Prevention program.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 725-405, Clean Ohio Operating, shall be used by the Department of Natural Resources in administering section 1519.05 of the Revised Code.
Of the foregoing appropriation item 725-414, Waterways Improvement, $50,000 in each fiscal year shall be used for dredging operations at Fairport Harbor.
Of the foregoing appropriation item 739-401, Division of
Watercraft, not more than $200,000 in each fiscal year shall be
expended for the purchase of equipment for marine patrols
qualifying for funding from the Department of Natural Resources
pursuant to section 1547.67 of the Revised Code. Proposals for
equipment shall accompany the submission of documentation for
receipt of a marine patrol subsidy pursuant to section 1547.67 of
the Revised Code and shall be loaned to eligible marine patrols
pursuant to a cooperative agreement between the Department of
Natural Resources and the eligible marine patrol.
WATERCRAFT REVOLVING LOAN PROGRAM
Upon certification by the Director of Natural Resources, the Director of Budget and Management shall transfer an amount not to exceed $1,000,000 in fiscal year 2008 and not to exceed $1,000,000 in fiscal year 2009 so certified from the Waterways Safety Fund (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The moneys shall be used pursuant to sections 1547.721 to 1547.726 of the Revised Code.
PARKS CAPITAL EXPENSES FUND
The Director of Natural Resources shall submit to the Director of Budget and Management the estimated design, engineering, and planning costs of capital-related work to be done by Department of Natural Resources staff for parks projects. If the Director of Budget and Management approves the estimated costs, the Director may release appropriations from appropriation item 725-406, Parks Projects Personnel, for those purposes. Upon release of the appropriations, the Department of Natural Resources shall pay for these expenses from the Parks Capital Expenses Fund (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the Parks and Recreation Improvement Fund (Fund 035) using an intrastate transfer voucher.
The Department of Natural Resources shall periodically prepare and submit to the Director of Budget and Management the estimated design, planning, and engineering costs of capital-related work to be done by the Department of Natural Resources for each project. Based on the estimates, the Director of Budget and Management may release appropriations from appropriation item CAP-753, Project Planning, within the Ohio Parks and Natural Resources Fund (Fund 031) to pay for design, planning, and engineering costs incurred by the Department of Natural Resources for the projects. Upon release of the appropriations by the Director of Budget and Management, the Department of Natural Resources shall pay for these expenses from the Capital Expenses Fund (Fund 4S9), and shall be reimbursed by the Ohio Parks and Natural Resources Fund (Fund 031) using an intrastate voucher.
On July 1, 2007, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balance as certified by the Director of Natural Resources from the Federal Forestry Fund (Fund 328) to the State Forest Fund (Fund 509). The Director shall cancel any remaining outstanding encumbrances against appropriation item 725-603, Forestry-Federal, and re-establish them against appropriation item 725-602, State Forest. The amounts of any encumbrances canceled and re-established are hereby appropriated.
On July 1, 2007, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balance as certified by the Director of Natural Resources from the REALM Support Services Fund (Fund 206) to the Fountain Square Facilities Management Fund (Fund 635). The Director shall cancel any remaining outstanding encumbrances against appropriation item 725-689, REALM Support Services, and re-establish them against appropriation item 725-664, Fountain Square Facilities Management. The amounts of any encumbrances canceled and re-established are hereby appropriated.
All proceeds from insurance companies and any other sources for the replacement and construction of the Lake Hope Lodge and its appurtenances shall be deposited into the State Park Operating Fund (Fund 512).
Section 345.10. NUR STATE BOARD OF NURSING
General Services Fund Group
4K9 |
884-609 |
|
Operating Expenses |
|
$ |
5,661,280 |
|
$ |
5,661,280 |
5P8 |
884-601 |
|
Nursing Special Issues |
|
$ |
5,000 |
|
$ |
5,000 |
5AC |
884-602 |
|
Nurse Education Grant Program |
|
$ |
1,450,000 |
|
$ |
1,450,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,116,280 |
|
$ |
7,116,280 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
7,116,280 |
|
$ |
7,116,280 |
The foregoing appropriation item 884-601, Nursing Special
Issues (Fund 5P8), shall be used to pay the costs the Board of
Nursing incurs in implementing section 4723.062 of the Revised
Code.
Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND ATHLETIC TRAINERS BOARD
General Services Fund Group
4K9 |
890-609 |
|
Operating Expenses |
|
$ |
892,241 |
|
$ |
963,984 |
TOTAL GSF General Services Fund Group |
|
$ |
892,241 |
|
$ |
963,984 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
892,241 |
|
$ |
963,984 |
Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION
GRF |
355-501 |
|
Library Subsidy |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GRF General Revenue Fund |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
200,000 |
|
$ |
200,000 |
Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
4K9 |
894-609 |
|
Operating Expenses |
|
$ |
333,656 |
|
$ |
345,324 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
333,656 |
|
$ |
345,324 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
333,656 |
|
$ |
345,324 |
Section 353.10. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
4K9 |
885-609 |
|
Operating Expenses |
|
$ |
344,571 |
|
$ |
351,071 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
344,571 |
|
$ |
351,071 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
344,571 |
|
$ |
351,071 |
Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND
PEDORTHICS
General Services Fund Group
4K9 |
973-609 |
|
Operating Expenses |
|
$ |
111,300 |
|
$ |
116,260 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
111,300 |
|
$ |
116,260 |
TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
111,300 |
|
$ |
116,260 |
Section 357.10. PBR STATE PERSONNEL BOARD OF REVIEW
GRF |
124-321 |
|
Operating |
|
$ |
1,148,181 |
|
$ |
1,201,643 |
TOTAL GRF General Revenue Fund |
|
$ |
1,148,181 |
|
$ |
1,201,643 |
General Services Fund Group
636 |
124-601 |
|
Records and Reporting Support |
|
$ |
15,000 |
|
$ |
15,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
15,000 |
|
$ |
15,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,163,181 |
|
$ |
1,216,643 |
Section 359.10. UST PETROLEUM UNDERGROUND STORAGE TANK
691 |
810-632 |
|
PUSTRCB Staff |
|
$ |
1,116,658 |
|
$ |
1,169,181 |
TOTAL AGY Agency Fund Group |
|
$ |
1,116,658 |
|
$ |
1,169,181 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,116,658 |
|
$ |
1,169,181 |
Section 361.10. PRX STATE BOARD OF PHARMACY
General Services Fund Group
4A5 |
887-605 |
|
Drug Law Enforcement |
|
$ |
75,550 |
|
$ |
75,550 |
4K9 |
887-609 |
|
Operating Expenses |
|
$ |
4,874,572 |
|
$ |
5,251,032 |
TOTAL GSF General Services Fund Group |
|
$ |
4,950,122 |
|
$ |
5,326,582 |
Federal Special Revenue Fund Group
3BC |
887-604 |
|
Dangerous Drugs Database |
|
$ |
558,531 |
|
$ |
491,405 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
558,531 |
|
$ |
491,405 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,508,653 |
|
$ |
5,817,987 |
Section 363.10. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
4K9 |
882-609 |
|
Operating Expenses |
|
$ |
586,565 |
|
$ |
586,565 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
586,565 |
|
$ |
586,565 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
586,565 |
|
$ |
586,565 |
Section 365.10. PUB OHIO PUBLIC DEFENDER COMMISSION
GRF |
019-321 |
|
Public Defender Administration |
|
$ |
1,287,404 |
|
$ |
1,315,150 |
GRF |
019-401 |
|
State Legal Defense Services |
|
$ |
5,914,023 |
|
$ |
6,120,592 |
GRF |
019-403 |
|
Multi-County: State Share |
|
$ |
766,402 |
|
$ |
762,727 |
GRF |
019-404 |
|
Trumbull County - State Share |
|
$ |
244,816 |
|
$ |
243,650 |
GRF |
019-405 |
|
Training
Account |
|
$ |
31,324 |
|
$ |
31,324 |
GRF |
019-501 |
|
County Reimbursement |
|
$ |
29,834,251 |
|
$ |
29,572,857 |
TOTAL GRF General Revenue Fund |
|
$ |
38,078,220 |
|
$ |
38,046,300 |
General Services Fund Group
101 |
019-602 |
|
Inmate Legal Assistance |
|
$ |
33,338 |
|
$ |
34,638 |
407 |
019-604 |
|
County Representation |
|
$ |
219,800 |
|
$ |
227,500 |
408 |
019-605 |
|
Client Payments |
|
$ |
611,537 |
|
$ |
476,760 |
5CX |
019-617 |
|
Civil Case Filing Fee |
|
$ |
409,237 |
|
$ |
598,400 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,273,912 |
|
$ |
1,337,298 |
Federal Special Revenue Fund Group
3S8 |
019-608 |
|
Federal Representation |
|
$ |
350,948 |
|
$ |
364,917 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
350,948 |
|
$ |
364,917 |
State Special Revenue Fund Group
4C7 |
019-601 |
|
Multi-County: County Share |
|
$ |
2,181,300 |
|
$ |
2,288,200 |
4X7 |
019-610 |
|
Trumbull County - County Share |
|
$ |
696,800 |
|
$ |
731,000 |
574 |
019-606 |
|
Civil Legal Aid |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
42,878,100 |
|
$ |
43,019,200 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
82,581,180 |
|
$ |
82,767,715 |
The foregoing appropriation items 019-404, Trumbull County -
State Share, and
019-610, Trumbull County - County Share, shall be
used to
support an indigent defense office for Trumbull County.
The foregoing appropriation items 019-403, Multi-County:
State Share, and 019-601, Multi-County: County Share, shall be
used to support the Office of the Ohio Public Defender's
Multi-County Branch Office Program.
The foregoing appropriation item 019-405, Training Account,
shall be used by the Ohio Public Defender to provide legal
training programs at no cost for private appointed counsel who
represent at
least one indigent defendant at no cost and for
state and county public
defenders and attorneys who contract with
the Ohio Public
Defender to provide indigent defense services.
The foregoing appropriation item 019-608, Federal
Representation, shall be used to receive reimbursements from the
federal courts when the Ohio Public Defender
provides
representation in federal court cases and to support representation in such cases.
Section 367.10. DHS DEPARTMENT OF PUBLIC SAFETY
GRF |
763-403 |
|
Operating Expenses - EMA |
|
$ |
4,164,697 |
|
$ |
4,164,697 |
GRF |
768-424 |
|
Operating Expenses - CJS |
|
$ |
814,478 |
|
$ |
814,478 |
GRF |
769-321 |
|
Food Stamp Trafficking Enforcement Operations |
|
$ |
752,000 |
|
$ |
752,000 |
TOTAL GRF General Revenue Fund |
|
$ |
5,731,175 |
|
$ |
5,731,175 |
General Services Fund Group
5ET |
768-625 |
|
Drug Law Enforcement |
|
$ |
800,000 |
|
$ |
800,000 |
TOTAL GSF General Services Fund Group |
|
$ |
800,000 |
|
$ |
800,000 |
State Special Revenue Fund Group
5CC |
768-607 |
|
Public Safety Services |
|
$ |
125,000 |
|
$ |
125,000 |
5EX |
768-690 |
|
Disaster Preparedness |
|
$ |
350,000 |
|
$ |
350,000 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
475,000 |
|
$ |
475,000 |
Tobacco Master Settlement Agreement Fund Group
L87 |
767-406 |
|
Under-Age Tobacco Use Enforcement |
|
$ |
0 |
|
$ |
375,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
0 |
|
$ |
375,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,006,175 |
|
$ |
7,381,175 |
OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT
Of the foregoing appropriation item 763-403, Operating
Expenses -
EMA,
$200,000 in each fiscal year shall be used to fund
the Ohio Task Force One -
Urban Search and Rescue Unit and other
urban search and rescue programs around the state to create a
stronger search and rescue capability statewide.
STATE FIRE MARSHAL FUND CASH TRANSFERS
Notwithstanding section 3737.71 of the Revised Code, on July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer $125,000 in cash from the State Fire Marshal Fund (Fund 546) in the Department of Commerce to the Public Safety Services Fund (Fund 5CC) in the Department of Public Safety.
Notwithstanding section 3737.71 of the Revised Code, on July 1, 2008, or as soon as possible thereafter, the Director of Budget and Management shall transfer $125,000 in cash from the State Fire Marshal Fund (Fund 546) in the Department of Commerce to the Public Safety Services Fund (Fund 5CC) in the Department of Public Safety.
SOUTHERN OHIO DRUG TASK FORCE
The foregoing appropriation item 768-607, Public Safety Services, shall be distributed by the Division of Criminal Justice Services in the Department of Public Safety directly to the Southern Ohio Drug Task Force.
EMA DISASTER PREPAREDNESS AND RESPONSE GRANT
Of the foregoing appropriation item 768-690, Disaster Preparedness, $275,000 in fiscal year 2008 and $350,000 in fiscal year 2009 shall be used for a grant to the American Red Cross Greater Columbus Chapter for implementation of programs to assist in disaster preparedness and response throughout Ohio. The American Red Cross Greater Columbus Chapter shall develop a funding plan that includes programmatic, infrastructure, and administrative costs. Moneys shall be released to the American Red Cross Greater Columbus Chapter not more than 45 days after submission of the plan to the Ohio Emergency Management Agency. Of the foregoing appropriation item 768-690, Disaster Preparedness, $75,000 in fiscal year 2008 shall be used for the Fire and Emergency Services Regionalization Project of Berea and Olmstead Falls.
CASH TRANSFER TO THE DRUG LAW ENFORCEMENT FUND
Notwithstanding any other provision of law to the contrary, on the first of July in each of 2007 and 2008, or as soon as practicable thereafter in each of those years, the Director of Budget and Management shall transfer $800,000 in cash from the Charitable Foundations Fund (Fund 418) to the Drug Law Enforcement Fund (Fund 5ET).
The foregoing appropriation item 768-625, Drug Law Enforcement, shall be used by the Division of Criminal Justice Services of the Department of Public Safety for the purpose of awarding grants to local law enforcement agencies and local law enforcement task forces with regard to the enforcement of state drug laws and other state laws related to illegal drug activity.
Section 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO
General Services Fund Group
5F6 |
870-622 |
|
Utility and Railroad Regulation |
|
$ |
32,820,027 |
|
$ |
33,804,627 |
5F6 |
870-624 |
|
NARUC/NRRI Subsidy |
|
$ |
158,000 |
|
$ |
158,000 |
5F6 |
870-625 |
|
Motor Transportation Regulation |
|
$ |
4,635,413 |
|
$ |
4,772,765 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
37,613,440 |
|
$ |
38,735,392 |
Federal Special Revenue Fund Group
3V3 |
870-604 |
|
Commercial Vehicle Information Systems/Networks |
|
$ |
300,000 |
|
$ |
300,000 |
333 |
870-601 |
|
Gas Pipeline Safety |
|
$ |
597,957 |
|
$ |
597,959 |
350 |
870-608 |
|
Motor Carrier Safety |
|
$ |
7,137,534 |
|
$ |
7,351,660 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
8,035,491 |
|
$ |
8,249,619 |
State Special Revenue Fund Group
4A3 |
870-614 |
|
Grade Crossing Protection Devices-State |
|
$ |
1,349,757 |
|
$ |
1,349,757 |
4L8 |
870-617 |
|
Pipeline Safety-State |
|
$ |
187,621 |
|
$ |
187,621 |
4S6 |
870-618 |
|
Hazardous Material Registration |
|
$ |
464,325 |
|
$ |
464,325 |
4S6 |
870-621 |
|
Hazardous Materials Base State Registration |
|
$ |
373,346 |
|
$ |
373,346 |
4U8 |
870-620 |
|
Civil Forfeitures |
|
$ |
284,986 |
|
$ |
284,986 |
5BP |
870-623 |
|
Wireless 9-1-1 Administration |
|
$ |
26,875,000 |
|
$ |
13,375,000 |
559 |
870-605 |
|
Public Utilities Territorial
Administration |
|
$ |
4,000 |
|
$ |
4,000 |
560 |
870-607 |
|
Public Utilities Investigations |
|
$ |
100,000 |
|
$ |
100,000 |
561 |
870-606 |
|
Power Siting Board |
|
$ |
404,651 |
|
$ |
404,652 |
638 |
870-611 |
|
Biomass Energy Program |
|
$ |
40,000 |
|
$ |
40,000 |
661 |
870-612 |
|
Hazardous Materials Transportation |
|
$ |
900,000 |
|
$ |
900,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
30,983,686 |
|
$ |
17,483,687 |
4G4 |
870-616 |
|
Base State Registration Program |
|
$ |
2,000,000 |
|
$ |
0 |
TOTAL AGY Agency Fund Group |
|
$ |
2,000,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
78,632,617 |
|
$ |
64,468,698 |
COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT
The fund created by section 4923.26 of the Revised Code is the same fund, with a new name, as the Commercial Vehicle Information Systems and Networks Fund (Fund 3V3).
ENHANCED AND WIRELESS ENHANCED 9-1-1
The foregoing appropriation item 870-623, Wireless 9-1-1 Administration, shall be used pursuant to section 4931.63 of the Revised Code.
TELECOMMUNICATIONS RELAY SERVICE FUNDING
The Telecommunications Relay Service Fund is hereby created in the state treasury. The vendor selected to provide telecommunications relay service in Ohio, as required by 47 C.F.R. 64.601, shall submit an invoice to the Public Utilities Commission by January 31, 2009, for costs it has incurred in providing the service during calendar year 2008. The Public Utilities Commission shall notify the Director of Budget and Management of the amount invoiced, and the Director of Budget and Management shall transfer that amount from the Public Utilities Fund (Fund 5F6) to the Telecommunications Relay Service Fund on or before February 28, 2009. The amount transferred shall be used to pay the telecommunications relay service vendor the amount invoiced. This amount is hereby appropriated.
Section 371.10. PWC PUBLIC WORKS COMMISSION
GRF |
150-904 |
|
Conservation General Obligation Debt Service |
|
$ |
14,847,200 |
|
$ |
19,779,200 |
GRF |
150-907 |
|
State Capital Improvements
|
|
$ |
177,513,600 |
|
$ |
188,696,300 |
|
|
|
General Obligation Debt Service |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
192,360,800 |
|
$ |
208,475,500 |
Clean Ohio Conservation Fund Group
056 |
150-403 |
|
Clean Ohio Operating Expenses |
|
$ |
301,537 |
|
$ |
311,509 |
TOTAL 056 Clean Ohio Conservation Fund Group |
|
$ |
301,537 |
|
$ |
311,509 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
192,662,337 |
|
$ |
208,787,009 |
CONSERVATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150-904, Conservation
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs during the period from July 1, 2007, through June 30, 2009, at the times they are required to be made for obligations issued under sections 151.01 and 151.09 of the Revised Code.
STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150-907, State Capital
Improvements General Obligation Debt Service, shall be used to pay
all debt service and related financing costs during the period from July 1, 2007, to June 30, 2009, at the times they are required to be made for obligations issued under sections 151.01 and 151.08 of the Revised Code.
REIMBURSEMENT TO THE GENERAL REVENUE FUND
(A) On or before July 15, 2009, the Director of the Public Works Commission shall certify to the Director of Budget and Management the following:
(1) The total amount disbursed from appropriation item 700-409, Farmland Preservation, during the fiscal year 2008-2009 biennium; and
(2) The amount of interest earnings that have been credited to the Clean Ohio Conservation Fund (Fund 056) that are in excess of the amount needed for other purposes as calculated by the Director of the Public Works Commission.
(B) If the Director of Budget and Management determines under division (A)(2) of this section that there are excess interest earnings, the Director of Budget and Management shall, on or before July 15, 2009, transfer the excess interest earnings to the General Revenue Fund in an amount equal to the total amount disbursed under division (A)(1) of this section from the Clean Ohio Conservation Fund.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 150-403, Clean Ohio Operating Expenses, shall be used by the Ohio Public Works Commission in administering sections 164.20 to 164.27 of the Revised Code.
Section 373.10. RAC STATE RACING COMMISSION
State Special Revenue Fund Group
5C4 |
875-607 |
|
Simulcast Horse Racing Purse |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
562 |
875-601 |
|
Thoroughbred Race Fund |
|
$ |
3,100,000 |
|
$ |
3,100,000 |
563 |
875-602 |
|
Standardbred Development Fund |
|
$ |
2,600,000 |
|
$ |
2,600,000 |
564 |
875-603 |
|
Quarterhorse Development Fund |
|
$ |
1,000 |
|
$ |
1,000 |
565 |
875-604 |
|
Racing Commission Operating |
|
$ |
4,487,599 |
|
$ |
4,487,599 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
26,188,599 |
|
$ |
26,188,599 |
Holding Account Redistribution Fund Group
R21 |
875-605 |
|
Bond Reimbursements |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
Fund Group |
|
$ |
212,900 |
|
$ |
212,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
26,401,499 |
|
$ |
26,401,499 |
Section 375.10. BOR BOARD OF REGENTS
GRF |
235-321 |
|
Operating Expenses |
|
$ |
3,141,351 |
|
$ |
3,141,351 |
GRF |
235-401 |
|
Lease Rental Payments |
|
$ |
203,177,900 |
|
$ |
136,017,500 |
GRF |
235-402 |
|
Sea Grants |
|
$ |
300,000 |
|
$ |
300,000 |
GRF |
235-406 |
|
Articulation and Transfer |
|
$ |
2,900,000 |
|
$ |
2,900,000 |
GRF |
235-408 |
|
Midwest Higher Education Compact |
|
$ |
95,000 |
|
$ |
95,000 |
GRF |
235-409 |
|
Information System |
|
$ |
1,175,172 |
|
$ |
1,175,172 |
GRF |
235-414 |
|
State Grants and Scholarship Administration |
|
$ |
1,707,881 |
|
$ |
1,707,881 |
GRF |
235-415 |
|
Jobs Challenge |
|
$ |
9,348,300 |
|
$ |
9,348,300 |
GRF |
235-417 |
|
Ohio Learning Network |
|
$ |
3,119,496 |
|
$ |
3,119,496 |
GRF |
235-418 |
|
Access Challenge |
|
$ |
66,585,769 |
|
$ |
66,585,769 |
GRF |
235-420 |
|
Success Challenge |
|
$ |
53,653,973 |
|
$ |
53,653,973 |
GRF |
235-428 |
|
Appalachian New Economy Partnership |
|
$ |
1,176,068 |
|
$ |
1,176,068 |
GRF |
235-433 |
|
Economic Growth Challenge |
|
$ |
17,186,194 |
|
$ |
17,186,194 |
GRF |
235-434 |
|
College Readiness and Access |
|
$ |
12,655,425 |
|
$ |
12,655,425 |
GRF |
235-435 |
|
Teacher Improvement Initiatives |
|
$ |
4,797,506 |
|
$ |
11,297,506 |
GRF |
235-436 |
|
AccelerateOhio |
|
$ |
1,250,000 |
|
$ |
2,500,000 |
GRF |
235-438 |
|
Choose Ohio First Scholarship |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
GRF |
235-439 |
|
Ohio Research Scholars |
|
$ |
30,000,000 |
|
$ |
0 |
GRF |
235-451 |
|
Eminent Scholars |
|
$ |
0 |
|
$ |
1,000,000 |
GRF |
235-455 |
|
EnterpriseOhio Network |
|
$ |
1,373,941 |
|
$ |
1,373,941 |
GRF |
235-474 |
|
Area Health Education Centers Program Support |
|
$ |
1,571,756 |
|
$ |
1,571,756 |
GRF |
235-501 |
|
State Share of Instruction |
|
$ |
1,678,877,952 |
|
$ |
1,842,965,747 |
GRF |
235-502 |
|
Student Support Services |
|
$ |
795,790 |
|
$ |
795,790 |
GRF |
235-503 |
|
Ohio Instructional
Grants |
|
$ |
42,533,966 |
|
$ |
18,315,568 |
GRF |
235-504 |
|
War Orphans Scholarships |
|
$ |
4,812,321 |
|
$ |
4,812,321 |
GRF |
235-507 |
|
OhioLINK |
|
$ |
7,387,824 |
|
$ |
7,387,824 |
GRF |
235-508 |
|
Air Force Institute of Technology |
|
$ |
2,050,345 |
|
$ |
2,050,345 |
GRF |
235-510 |
|
Ohio Supercomputer Center |
|
$ |
4,271,195 |
|
$ |
4,271,195 |
GRF |
235-511 |
|
Cooperative Extension Service |
|
$ |
26,273,260 |
|
$ |
26,273,260 |
GRF |
235-513 |
|
Ohio University Voinovich Center |
|
$ |
669,082 |
|
$ |
669,082 |
GRF |
235-514 |
|
Central State Supplement |
|
$ |
11,756,414 |
|
$ |
12,109,106 |
GRF |
235-515 |
|
Case Western Reserve University School of Medicine |
|
$ |
3,011,271 |
|
$ |
3,011,271 |
GRF |
235-518 |
|
Capitol Scholarship Program |
|
$ |
125,000 |
|
$ |
125,000 |
GRF |
235-519 |
|
Family Practice |
|
$ |
4,548,470 |
|
$ |
4,548,470 |
GRF |
235-520 |
|
Shawnee State Supplement |
|
$ |
2,502,323 |
|
$ |
2,577,393 |
GRF |
235-521 |
|
The Ohio State University John Glenn School of Public Affairs |
|
$ |
619,082 |
|
$ |
619,082 |
GRF |
235-524 |
|
Police and Fire Protection |
|
$ |
171,959 |
|
$ |
171,959 |
GRF |
235-525 |
|
Geriatric Medicine |
|
$ |
750,110 |
|
$ |
750,110 |
GRF |
235-526 |
|
Primary Care Residencies |
|
$ |
2,245,688 |
|
$ |
2,245,688 |
GRF |
235-527 |
|
Ohio Aerospace Institute |
|
$ |
1,764,957 |
|
$ |
1,764,957 |
GRF |
235-530 |
|
Academic Scholarships |
|
$ |
7,800,000 |
|
$ |
7,800,000 |
GRF |
235-531 |
|
Student Choice Grants |
|
$ |
38,485,376 |
|
$ |
38,485,376 |
GRF |
235-535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
37,174,292 |
|
$ |
37,174,292 |
GRF |
235-536 |
|
The Ohio State University Clinical Teaching |
|
$ |
13,565,885 |
|
$ |
13,565,885 |
GRF |
235-537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
11,157,756 |
|
$ |
11,157,756 |
GRF |
235-538 |
|
University of Toledo Clinical Teaching |
|
$ |
8,696,866 |
|
$ |
8,696,866 |
GRF |
235-539 |
|
Wright State University Clinical Teaching |
|
$ |
4,225,107 |
|
$ |
4,225,107 |
GRF |
235-540 |
|
Ohio University Clinical Teaching |
|
$ |
4,084,540 |
|
$ |
4,084,540 |
GRF |
235-541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
4,200,945 |
|
$ |
4,200,945 |
GRF |
235-543 |
|
Ohio College of Podiatric Medicine Clinic Subsidy |
|
$ |
100,000 |
|
$ |
100,000 |
GRF |
235-547 |
|
School of International Business |
|
$ |
450,000 |
|
$ |
650,000 |
GRF |
235-552 |
|
Capital Component |
|
$ |
19,306,442 |
|
$ |
19,306,442 |
GRF |
235-553 |
|
Dayton Area Graduate Studies Institute |
|
$ |
2,931,599 |
|
$ |
2,931,599 |
GRF |
235-554 |
|
Priorities in Collaborative Graduate Education |
|
$ |
2,355,548 |
|
$ |
2,355,548 |
GRF |
235-555 |
|
Library Depositories |
|
$ |
1,696,458 |
|
$ |
1,696,458 |
GRF |
235-556 |
|
Ohio Academic Resources Network |
|
$ |
3,727,223 |
|
$ |
3,727,223 |
GRF |
235-558 |
|
Long-term Care Research |
|
$ |
461,047 |
|
$ |
461,047 |
GRF |
235-561 |
|
Bowling Green State University Canadian Studies Center |
|
$ |
100,015 |
|
$ |
100,015 |
GRF |
235-563 |
|
Ohio College Opportunity Grant |
|
$ |
139,974,954 |
|
$ |
151,113,781 |
GRF |
235-567 |
|
Central State University Speed to Scale |
|
$ |
4,400,000 |
|
$ |
3,800,000 |
GRF |
235-571 |
|
James A. Rhodes Scholarship |
|
$ |
10,000,000 |
|
$ |
0 |
GRF |
235-572 |
|
The Ohio State University Clinic Support |
|
$ |
1,277,019 |
|
$ |
1,277,019 |
GRF |
235-573 |
|
Ohio Humanities Council |
|
$ |
25,000 |
|
$ |
25,000 |
GRF |
235-583 |
|
Urban University Program |
|
$ |
5,825,937 |
|
$ |
5,825,937 |
GRF |
235-587 |
|
Rural University Projects |
|
$ |
1,159,889 |
|
$ |
1,159,889 |
GRF |
235-596 |
|
Hazardous Materials Program |
|
$ |
360,435 |
|
$ |
360,435 |
GRF |
235-599 |
|
National Guard
Scholarship Program |
|
$ |
16,611,063 |
|
$ |
16,611,063 |
GRF |
235-909 |
|
Higher Education General Obligation Debt Service |
|
$ |
172,722,400 |
|
$ |
208,747,200 |
TOTAL GRF General Revenue Fund |
|
$ |
2,773,258,537 |
|
$ |
2,861,908,923 |
General Services Fund Group
220 |
235-614 |
|
Program Approval and Reauthorization |
|
$ |
800,000 |
|
$ |
800,000 |
456 |
235-603 |
|
Sales and Services |
|
$ |
700,000 |
|
$ |
700,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
Federal Special Revenue Fund Group
3BG |
235-626 |
|
Star Schools |
|
$ |
2,980,865 |
|
$ |
2,990,746 |
3H2 |
235-608 |
|
Human Services Project |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
3H2 |
235-622 |
|
Medical Collaboration Network |
|
$ |
3,346,144 |
|
$ |
3,346,144 |
3N6 |
235-605 |
|
State Student Incentive Grants |
|
$ |
2,196,680 |
|
$ |
2,196,680 |
3T0 |
235-610 |
|
National Health Service Corps -
Ohio Loan Repayment |
|
$ |
250,000 |
|
$ |
250,000 |
312 |
235-609 |
|
Tech Prep |
|
$ |
183,850 |
|
$ |
183,850 |
312 |
235-611 |
|
Gear-up Grant |
|
$ |
3,300,000 |
|
$ |
3,300,000 |
312 |
235-612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
112,960 |
|
$ |
112,960 |
312 |
235-617 |
|
Improving Teacher Quality Grant |
|
$ |
3,200,000 |
|
$ |
3,200,000 |
312 |
235-621 |
|
Science Education Network |
|
$ |
1,686,970 |
|
$ |
1,686,970 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
20,257,469 |
|
$ |
20,267,350 |
State Special Revenue Fund Group
4E8 |
235-602 |
|
Higher Educational Facility Commission Administration |
|
$ |
50,000 |
|
$ |
45,000 |
4P4 |
235-604 |
|
Physician Loan Repayment |
|
$ |
476,870 |
|
$ |
476,870 |
649 |
235-607 |
|
The Ohio State University
Highway/Transportation Research |
|
$ |
760,000 |
|
$ |
760,000 |
682 |
235-606 |
|
Nursing Loan Program |
|
$ |
893,000 |
|
$ |
893,000 |
5DT |
235-627 |
|
American Diploma Project |
|
$ |
250,000 |
|
$ |
0 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
2,429,870 |
|
$ |
2,174,870 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,797,445,876 |
|
$ |
2,885,851,143 |
Section 375.10.10. OPERATING EXPENSES
Of the foregoing appropriation item 235-321, Operating Expenses, up to $150,000 in each fiscal year shall be used in conjunction with funding provided in the Department of Education budget under appropriation item 200-427, Academic Standards, to fund the operations of Ohio's Partnership for Continued Learning. The Partnership shall advise and make recommendations to promote collaboration among relevant state entities in an effort to help local communities develop coherent and successful "P-16" learning systems. Upon requesting and receiving approval from the Controlling Board, the Director of Budget and Management may transfer any unencumbered fiscal year 2008 balance to fiscal year 2009 to support the activities of the Partnership.
Section 375.10.20. LEASE RENTAL PAYMENTS
The foregoing appropriation item 235-401, Lease Rental
Payments, shall be used to meet all payments at the times they are required to be made during the period from July 1, 2007, to June
30, 2009, by the Board of Regents under leases and
agreements made under section 154.21 of the Revised Code. These appropriations are the source of funds pledged for bond service charges or obligations issued pursuant to Chapter 154. of the Revised Code.
Section 375.10.30. SEA GRANTS
The foregoing appropriation item 235-402, Sea Grants, shall
be disbursed to
the Ohio State University and shall be
used to
conduct research on fish in
Lake Erie.
Section 375.10.40. ARTICULATION AND TRANSFER
The foregoing appropriation item 235-406, Articulation and Transfer, shall be used by the Board of Regents to maintain and expand the work of the Articulation and Transfer Council to develop a system of transfer policies to ensure that students at state institutions of higher education can transfer and have coursework apply to their majors and degrees at any other state institution of higher education without unnecessary duplication or institutional barriers under sections 3333.16, 3333.161, and 3333.162 of the Revised Code. The Board of Regents shall, in consultation with the Governor and the Department of Education, convene a work group to establish coursework for content knowledge and teacher competencies for early care and education degrees to support articulation and transfer of coursework, certifications, and credit earned across state-supported institutions of higher education.
Of the foregoing appropriation item 235-406, Articulation and Transfer, $200,000 in each fiscal year shall be used to support the work of the Articulation and Transfer Council under division (B) of section 3333.162 of the Revised Code.
Section 375.10.50. MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235-408, Midwest Higher
Education Compact, shall be distributed by the Board of
Regents
under section 3333.40 of the Revised Code.
Section 375.10.60. INFORMATION SYSTEM
The foregoing appropriation item 235-409, Information System,
shall be used by
the Board of Regents to operate the higher
education information data system known as the
Higher Education
Information System.
Section 375.10.70. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION
The foregoing appropriation item 235-414, State Grants and Scholarship Administration, shall be used by the Board of Regents to administer the following student financial aid programs: Ohio Instructional Grants, Ohio College Opportunity Grant, Ohio Student Choice Grant, Ohio Academic Scholarship, Ohio War Orphans' Scholarship, Nurse Education Assistance Loan Program, Regents Graduate/Professional Fellowship, Ohio Safety Officers College Memorial Fund, Capitol Scholarship Program, and any other student financial aid programs created by the General Assembly. The appropriation item also shall be used to administer the federal Leveraging Educational Assistance Partnership (LEAP) and Special Leveraging Educational Assistance Partnership (SLEAP) programs and other student financial aid programs created by Congress and to provide fiscal services for the Ohio National Guard Scholarship Program, the Physician Loan Repayment Program, and the Dentist Loan Repayment Program.
Section 375.10.80. JOBS CHALLENGE
Funds appropriated to the foregoing appropriation item 235-415, Jobs
Challenge, shall be distributed to state-assisted community and
technical colleges, regional campuses of state-assisted
universities, and other organizationally distinct and identifiable
member campuses of the EnterpriseOhio Network in support of
noncredit job-related training. In each fiscal year, $2,770,773 shall be distributed as
performance grants to EnterpriseOhio Network campuses based upon
each campus's documented performance according to criteria
established by the Board of Regents for assessment, training, and
related services to businesses, industries, and public sector
organizations.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$2,819,345 in each fiscal year shall be allocated to the Targeted
Industries Training Grant
Program to attract, develop, and retain
business and industry
strategically important to the state's
economy and regional priorities.
Of the foregoing appropriation item 235-415, Jobs Challenge, $3,758,182 in each fiscal year shall be allocated to the Higher Skills
Incentives Program to promote and deliver coordinated assessment and comprehensive training to local employers and to reward EnterpriseOhio Network campuses for
the amount of non-credit skill upgrading services
provided to Ohio employers and employees. The funds shall be
distributed to campuses in proportion to each campus's share of
noncredit job-related training revenues received by all campuses
for the previous fiscal year.
Section 375.10.90. OHIO LEARNING NETWORK
The foregoing appropriation item 235-417, Ohio Learning Network, shall be
used by the
Board of
Regents to support the continued
implementation of the
Ohio Learning Network,
a statewide
collaborative that delivers adult education including degree completion, workforce training, and professional development using online and distance education initiatives. The funds shall be used by the Ohio Learning Network to develop and promote learning and assessment through the use of technology, to test and provide advice on emerging learning-directed technologies, and to facilitate cost-effectiveness through shared educational technology investments.
Section 375.20.10. ACCESS CHALLENGE
The foregoing appropriation item
235-418, Access
Challenge, shall be distributed to Ohio's
state-assisted access colleges and
universities. For the
purposes of this
allocation,
"access campuses" includes
state-assisted community
colleges,
state community colleges,
technical colleges, Shawnee
State University,
Central State
University, Cleveland State
University, the regional campuses of
state-assisted universities,
and, where they are
organizationally
distinct and
identifiable,
the community-technical colleges
located at
the University of
Cincinnati, Youngstown State
University, and the
University of
Akron.
The purpose of Access Challenge is to reduce the student share of costs for resident undergraduates enrolled in lower division undergraduate courses at Ohio's access campuses. The long-term goal is to make the student share of costs for these students equivalent to the student share of costs for resident undergraduate students enrolled throughout Ohio's public colleges and universities. Access Challenge appropriations shall be used to sustain, as much as possible, the tuition restraint or tuition reduction that was achieved with Access Challenge allocations in prior years. Access campuses shall disclose, in their tuition billing statements to students, the amount of tuition subsidized by state Access Challenge subsidies.
In fiscal year 2008, Access Challenge subsidies
shall be distributed by the Board of Regents to eligible access
campuses on the basis of the average of each campus's share of fiscal year 2005 and 2006
all-terms subsidy-eligible General Studies FTEs. In fiscal year 2009, Access Challenge subsidies shall be distributed by the Board of Regents to eligible access campuses on the basis of the average of each campus's share of fiscal year 2006 and 2007 all-terms subsidy-eligible General Studies FTEs.
For purposes of this calculation, Cleveland State
University's enrollments shall
be adjusted by the ratio of the sum
of subsidy-eligible
lower-division FTE student enrollments
eligible for access funding
to the sum of subsidy-eligible General
Studies FTE student
enrollments at Central State University and
Shawnee State
University, and for the following universities and
their regional
campuses: the Ohio State University, Ohio University,
Kent State
University, Bowling Green State University, Miami
University, the
University of Cincinnati, the University of Akron,
and Wright
State University.
Section 375.20.20. SUCCESS CHALLENGE
The foregoing appropriation item 235-420, Success
Challenge,
shall be used by the Board of Regents to promote
degree
completion by students enrolled at a main campus of a
state-assisted
university.
Of the foregoing appropriation item 235-420, Success Challenge, 66.67 per cent of the appropriation in each fiscal year shall
be distributed to
state-assisted university main campuses in
proportion to each campus's share of
the total statewide
bachelor's
degrees granted by university main campuses to
"at-risk" students.
In fiscal years 2008 and 2009, an
"at-risk"
student
means any undergraduate student who was eligible to receive an
Ohio
need-based financial aid award during the past ten years.
An eligible
institution
shall not receive its share of this
distribution until
it has submitted
a plan that addresses how the
subsidy will
be
used to better serve at-risk students and increase
their
likelihood of
successful completion of a bachelor's degree
program. The Board of Regents
shall disseminate to all
state-supported
institutions of higher education all such plans
submitted by
institutions that received Success Challenge funds.
Of the foregoing appropriation item 235-420, Success Challenge, 33.33 per cent of the appropriation in each fiscal year shall be
distributed to
university main campuses in proportion to each
campus's share of the total
bachelor's degrees granted by
university main campuses to undergraduate
students who completed
their bachelor's degrees in a
"timely manner" in the
previous
fiscal year. For purposes of this section,
"timely manner"
means the normal time it would take for a full-time degree-seeking
undergraduate
student to complete the student's degree.
Generally,
for
such students pursuing a bachelor's degree,
"timely
manner"
means four
years. Exceptions to this general rule shall
be
permitted for students
enrolled in programs specifically
designed
to be completed in a longer time
period. The Board of
Regents
shall collect data to assess the timely completion statistics by
university
main
campuses.
Section 375.20.30. APPALACHIAN NEW ECONOMY PARTNERSHIP
The foregoing appropriation item 235-428, Appalachian New
Economy Partnership, shall be distributed to Ohio University to
continue a multi-campus and multi-agency coordinated effort to link
Appalachia to the new economy. Ohio University shall use these
funds to provide leadership in the development and implementation
of initiatives in the areas of entrepreneurship, management,
education, and technology.
Section 375.20.40. ECONOMIC GROWTH CHALLENGE
The foregoing appropriation item 235-433, Economic Growth Challenge, shall be used to enhance the basic research capabilities of Ohio's public and private institutions of higher education, support improved graduate programs throughout the state, and promote the transfer of technology developed by colleges and universities to private industry to further the economic goals of the state.
Of the foregoing appropriation item 235-433, Economic Growth
Challenge, $12,000,000 in each fiscal year shall be used for the Research Incentive Program to enhance the basic research
capabilities of public
colleges and universities and accredited
Ohio institutions of
higher education holding certificates of
authorization issued
under section 1713.02 of the Revised
Code, in order to
strengthen academic research for pursuing
Ohio's economic
development goals. The Board of Regents,
in consultation
with
the colleges and universities, shall
administer the Research
Incentive Program and utilize a means of
matching, on a fractional
basis, external funds attracted in the
previous year by
institutions for basic research. The program
may include
incentives for increasing the amount of external
research funds
coming to eligible institutions and for
focusing research
efforts
upon critical state needs. Colleges
and universities
shall submit
for review and approval to the
Board of Regents
plans for the
institutional allocation of state
dollars received
through the
program. The institutional plans
shall provide the
rationale for
the allocation in terms of the
strategic targeting
of funds for
academic and state purposes, for
strengthening
research programs, for increasing the amount of
external
research funds, and
shall include an evaluation process
to provide
results of the
increased support. Institutional plans for the use of Research Incentive funding must demonstrate a significant investment in Third Frontier activities funded at the institution. For a college or university with multiple Third Frontier grants, as much as ten per cent of that institution's Research Incentive funding may be invested in Third Frontier Project-related activities. Each institutional plan for the investment of Research Incentive moneys shall report on existing, planned, or possible relationships with other state science and technology programs and funding recipients in order to further ongoing statewide science and technology collaboration objectives.
The Board of Regents shall submit a biennial report of
progress to the General Assembly.
In each fiscal year, both those state-assisted doctoral degree-granting universities and those accredited Ohio institutions of higher education holding certificates of authorization under section 1713.02 of the Revised Code may elect to participate in the Innovation Incentive Plan designed to enhance doctoral programs and areas of research that have the greatest potential to attract preeminent researchers and build research capacity; enhance regional or state economic growth by creating new products and services to be commercialized; and complement Ohio's Third Frontier Project.
In each fiscal year, funding for the Innovation Incentive Program shall be generated from those state-assisted doctoral degree-granting universities electing to set aside a portion of their allocations as provided in appropriation item 235-501, State Share of Instruction, and state matching funds provided in appropriation item 235-433, Economic Growth Challenge. In each fiscal year, the Board of Regents shall withhold each participating state-assisted university's required matching share from its allocation as provided in appropriation item 235-501, State Share of Instruction. Additionally, those accredited Ohio institutions of higher education holding certificates of authorization under section 1713.02 of the Revised Code electing to participate in the Innovation Incentive Program shall be required to set aside an amount comparable to the state-assisted doctoral degree-granting universities. The criteria for the determination of this amount shall be developed by the Board of Regents.
Of the foregoing appropriation item 235-433, Economic Growth Challenge, $4,686,194 in each fiscal year shall
match funds set aside by the participating universities under the Innovation Incentive Program.
The Board of Regents shall use the combined amount of each participating state-assisted university's set aside of the doctoral reserve that has been withheld, the state matching funds earmarked under appropriation item 235-433, Economic Growth Challenge, and the amount set aside by each accredited Ohio institution of higher education holding a certificate of authorization under section 1713.02 of the Revised Code electing to participate in the Innovation Incentive Program to make awards through a competitive process under the Innovation Incentive Program. Only universities electing to set aside the prescribed amount shall be eligible to compete for and receive Innovation Incentive awards. The participating universities shall use these awards to restructure their array of doctoral programs.
Of the foregoing appropriation item 235-433, Economic Growth Challenge, $500,000 in each fiscal year shall be distributed for the Technology Commercialization Incentive. The purpose of the Technology Commercialization Incentive is to reward public and private colleges and universities for successful technology transfer to Ohio-based business and industry resulting in the commercialization of new products, processes, and services and the establishment of new business start-ups within the state. The Third Frontier Commission, with counsel from the Third Frontier Advisory Board, shall establish the eligibility criteria for public and private colleges and universities interested in applying for Technology Commercialization Incentive funding. To qualify for the funds, public and private colleges and universities must maintain a significant investment in their own technology-transfer and commercialization operation and capabilities, and possess a significant history of successful research partnerships with Ohio-based business and industry.
Section 375.20.50. COLLEGE READINESS AND ACCESS
Appropriation item 235-434, College Readiness and Access,
shall be used by
the
Board of Regents to support programs
designed to improve the academic preparation and increase the number of students that enroll
and succeed in higher education such as the Ohio College Access Network, the state match for the federal Gaining Early Awareness and Readiness for Undergraduate Program, and early awareness initiatives. The appropriation item shall also be used to support innovative statewide strategies to increase student access and retention for specialized populations, and to provide for pilot projects that will contribute to improving access to higher education by specialized populations. The funds also may be used for projects that improve access for nonpublic secondary students.
Of the foregoing appropriation item 235-434, College Readiness and Access, $798,684 in fiscal year 2008 and $822,645 in fiscal year 2009 shall be distributed to the Ohio Appalachian Center for Higher Education at Shawnee State University. The board of directors of the Center shall consist of the presidents of Shawnee State University, Belmont Technical College, Hocking College, Jefferson Community College, Zane State College, Rio Grande Community College, Southern State Community College, and Washington State Community College; the president of Ohio University or a designee of the president; the dean of one of the Salem, Tuscarawas, and East Liverpool regional campuses of Kent State University, as designated by the president of Kent State University; and a representative of the Board of Regents designated by the Chancellor.
Of the foregoing appropriation item 235-434, College Readiness and Access, $169,553 in fiscal year 2008 and $174,640 in fiscal year 2009 shall be distributed to Miami University for the Student Achievement in Research and Scholarship (STARS) Program.
Of the foregoing appropriation item 235-434, College Readiness and Access, $3,503,985 in each fiscal year shall be used in conjunction with funding provided in the Ohio Department of Education budget under appropriation item 200-431, School Improvement Initiatives, to support the Early College High School Program. The funds shall be distributed according to guidelines established by the Department of Education and the Board of Regents.
Section 375.20.60. TEACHER IMPROVEMENT INITIATIVES
Appropriation item 235-435, Teacher
Improvement Initiatives, shall be used
by
the Board of Regents to support
programs such as OSI - Discovery and the Centers of Excellence in Mathematics and Science designed to raise the quality of
mathematics and science
teaching in primary, secondary, and post-secondary education.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, $204,049 in each fiscal year shall be distributed to the Mathematics and Science Center in Lake County.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, $106,619 in each fiscal year shall
be distributed to the Ohio Mathematics and Science Coalition.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, $100,000 in each fiscal year shall be distributed to the Teacher Quality Partnerships study.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, $100,000 in each fiscal year shall be distributed to the Sinclair Community College Distance Learning STEM Partnership.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, $874,871 in each fiscal year shall be distributed to the Ohio Resource Center for Mathematics, Science, and Reading. The funds shall be used to support a resource center for mathematics, science, and reading to be located at a state-assisted university for the purpose of identifying best educational practices in primary and secondary schools and establishing methods for communicating them to colleges of education and school districts. The Ohio Resource Center for Mathematics, Science, and Reading shall not make available resources that are inconsistent with the K-12 science standards and policies as adopted by the State Board of Education.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, up to $2,000,000 in each fiscal year shall be used to support up to ten regional summer academies that focus on foreign language, science, mathematics, engineering, and technology and prepare eleventh and twelfth grade students enrolled in public or chartered nonpublic schools to pursue college-level foreign language, mathematics, science, technology, and engineering, with a focus on secondary teaching in these disciplines. Successful completion of these academics shall result in dual high school and college credits. Costs shall be based upon reasonable expenses, as determined by the Board of Regents, that institutions of higher education may incur for faculty, supplies, and other associated costs.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, up to $4,000,000 in fiscal year 2009 shall be used to fund teacher-signing bonuses for individuals that enter the teaching profession in a public school district or school district building that has been designated a hard-to-staff school by the Department of Education. To qualify for the signing bonus, an individual must: (a) be licensed to teach; (b) be assigned to teach in foreign language, science, or mathematics; and (c) agree to teach in a hard-to-staff school for a minimum of five years. An individual may qualify for up to $20,000 in state-funded bonuses if all obligations are met. The Board of Regents shall develop this program jointly with the Department of Education and the Partnership for Continued Learning. An individual may participate in either the teacher-signing bonus program or the teacher loan-forgiveness program, but may not receive benefits from both programs. The Board of Regents shall recoup funds received by any program participant who has not fulfilled the five-year teaching obligation as described in this section.
Of the foregoing appropriation item 235-435, Teacher Improvement Initiatives, up to $2,500,000 in fiscal year 2009 shall be used to fund teacher loan-forgiveness for individuals that enter the teaching profession in a school district or school district building that has been designated as a hard-to-staff school by the Department of Education. To qualify for the loan forgiveness, an individual must: (a) be licensed to teach; (b) be assigned to teach in foreign language, science, or mathematics; and (c) agree to teach in a hard-to-staff school for a minimum of five years. An individual may qualify for up to $20,000 in state funded loan forgiveness if all obligations are met. The Board of Regents shall develop this program jointly with the Department of Education and the Partnership for Continued Learning. An individual may participate in either the teacher-signing bonus program or the teacher loan-forgiveness program, but may not receive benefits from both programs. The Board of Regents shall recoup funds received by any program participant who has not fulfilled the five-year teaching obligation as described in this section.
Section 375.20.70. ACCELERATEOHIO
Of the foregoing appropriation item 235-436, AccelerateOhio, $500,000 in each fiscal year shall be used to support the Health Information and Imaging Technology Workforce Development Pilot Project pursuant to section 3333.55 of the Revised Code.
The remainder of the foregoing appropriation item 235-436 AccelerateOhio, shall be used by the Board of Regents, in collaboration with Ohio's public two-year campuses, to develop and implement a statewide program designed to improve the education and skills of Ohio's workforce by assisting low-income working adults in Ohio to improve their education and training. AccelerateOhio shall consist of competency-based, low-cost, noncredit, and credit-bearing modules and courses in communications, mathematics, and information technology, and other fields selected by the Board of Regents. The program shall be designed to culminate in a certificate and provide recipients with a foundation for additional post-secondary education.
Section 375.20.76. CHOOSE OHIO FIRST SCHOLARSHIP
The foregoing appropriation item 235-438, Choose Ohio First Scholarship, shall be disbursed pursuant to sections 3333.60 to 3333.70 of the Revised Code.
Section 375.20.77. OHIO RESEARCH SCHOLARS
The foregoing appropriation item 235-439, Ohio Research Scholars, shall be disbursed pursuant to sections 3333.60 to 3333.70 of the Revised Code.
Section 375.20.80. EMINENT SCHOLARS
The foregoing appropriation item 235-451, Eminent Scholars,
shall be used by the Ohio Board of Regents to continue the Ohio
Eminent Scholars Program, the purpose of which is to invest
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of
Ohio's academic programs. Ohio Eminent Scholars endowed chairs shall allow Ohio universities to recruit senior faculty members from outside Ohio who are nationally and internationally recognized scholars in areas of science and technology that provide the basic research platforms on which the state's technology and commercialization efforts are built. Endowment grants to state
colleges and universities and nonprofit Ohio institutions of
higher education holding certificates of authorization issued
under section 1713.02 of the Revised Code to match endowment gifts
from nonstate sources may be made in accordance with a plan
established by the Ohio Board of Regents. Matching nonstate endowment gifts shall be equal to the state's endowment grant. The grants shall have as their
purpose attracting and sustaining in Ohio scholar-leaders of
national or international prominence; each grant shall assist in accelerating state economic growth through research that provides an essential basic science platform for commercialization efforts. Such scholar-leaders shall, among their duties, share
broadly the benefits and knowledge unique to their fields of
scholarship to the betterment of Ohio and its people and collaborate with other state technology programs and program recipients.
All new Eminent Scholar awards made by the Board of Regents shall be associated with a Wright Center of Innovation, a Partnership Award from the Biomedical Research and Technology Transfer Trust Fund, or a Wright Capital Project.
Section 375.20.90. ENTERPRISEOHIO NETWORK
The foregoing appropriation item 235-455, EnterpriseOhio Network, shall be allocated by the Board of
Regents
to continue increasing
the capabilities of the EnterpriseOhio
Network to meet the ongoing training needs of
Ohio employers.
Funds shall support multicampus collaboration, best practice
dissemination, and capacity building
projects. The Regents
Advisory Committee for Workforce
Development, in its advisory
role, shall advise in the development of plans
and
activities.
Section 375.30.10. AREA HEALTH EDUCATION CENTERS
The foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, shall be used by the Board of
Regents to support
the
medical school regional area health
education centers' educational
programs for the
continued support
of medical and other health
professions
education and for support
of the Area Health Education
Center
Program.
Of the foregoing appropriation item 235-474, Area Health
Education Centers Program
Support, $159,158 in each fiscal year shall be disbursed to the
Ohio University College of Osteopathic
Medicine to operate a mobile health care unit to
serve the
southeastern area of the state.
Of the foregoing
appropriation
item 235-474, Area Health Education Centers Program
Support, $119,369 in each fiscal year shall be used to support the
Ohio Valley Community Health
Information Network (OVCHIN) project.
Section 375.30.20. STATE SHARE OF INSTRUCTION
The Board of Regents shall establish procedures to allocate the foregoing appropriation item 235-501, State Share of Instruction, based on the formulas and enrollment in the instructional models set out in this section.
(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS
(1) As soon as practicable during each fiscal year of the
biennium ending June 30, 2009, in accordance with instructions of the
Board of
Regents, each state-assisted institution of higher
education shall
report its actual enrollment to the Board of
Regents.
(2) In defining the number of full-time equivalent students
for
state subsidy purposes, the Board of Regents shall exclude
all undergraduate students who are not residents of Ohio, except
those charged in-state fees in accordance with reciprocity
agreements made under section 3333.17 of the Revised Code or employer contracts
entered into
under section 3333.32 of the Revised Code.
(3) In calculating the core subsidy entitlements for
Medical
II models only, the Board of Regents shall use the following count
of
FTE students:
(a) For those medical schools whose current year
enrollment, including students repeating terms,
is below the base enrollment, the Medical II FTE
enrollment shall
equal: 65 per cent of the base
enrollment plus
35 per cent of the
current year enrollment including students repeating terms, where
the base
enrollment is:
|
The Ohio State University |
|
1010 |
|
University of Cincinnati |
|
833 |
|
University of Toledo |
|
650 |
|
Wright State University |
|
433 |
|
Ohio University |
|
433 |
|
Northeastern Ohio Universities College of Medicine |
|
433 |
(b) For those medical schools whose current year
enrollment, excluding students repeating terms,
is equal to or greater than the base enrollment, the
Medical II
FTE enrollment shall equal the
base
enrollment plus the FTE for repeating students.
(c) Students repeating terms may be no more than five per cent of current year enrollment.
(4) The state share of instruction to state-supported
universities for
students
enrolled in law schools in fiscal year
2008 and fiscal year 2009 shall be
calculated by using the number
of subsidy-eligible FTE law
school students funded by state
subsidy in fiscal year 1995 or the actual
number of
subsidy-eligible FTE law school students at the
institution in the
fiscal year, whichever is less.
(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT
For purposes of calculating state share of instruction allocations, the total instructional costs per full-time equivalent student shall be:
Model |
Fiscal Year 2008 |
Fiscal Year 2009 |
ARTS AND HUMANITIES 1 |
$7,220 |
$7,494 |
ARTS AND HUMANITIES 2 |
9,431 |
9,790 |
ARTS AND HUMANITIES 3 |
12,186 |
12,649 |
ARTS AND HUMANITIES 4 |
17,836 |
18,514 |
ARTS AND HUMANITIES 5 |
27,829 |
28,887 |
ARTS AND HUMANITIES 6 |
34,540 |
35,852 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
6,352 |
6,594 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
7,389 |
7,670 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
8,911 |
9,249 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
10,744 |
11,152 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
17,070 |
17,719 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
21,908 |
22,740 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
26,019 |
27,008 |
MEDICAL 1 |
43,190 |
44,831 |
MEDICAL 2 |
47,635 |
49,445 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
6,552 |
6,801 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
9,196 |
9,545 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
11,610 |
12,051 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
14,789 |
15,351 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
18,420 |
19,119 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
19,990 |
20,750 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
27,676 |
28,728 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
35,308 |
36,650 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
48,150 |
49,979 |
Doctoral I and Doctoral II models shall be allocated in accordance with division (D)(1) of this section.
(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL, AND GRADUATE WEIGHTS
For the purpose of implementing the recommendations of the State Share of Instruction Consultation and the Higher Education Funding Study Council that priority be given to maintaining state support for science, technology, engineering, mathematics, medicine, and graduate programs, the costs in division (B) of this section shall be weighted by the amounts provided below:
Model |
Fiscal Year 2008 |
Fiscal Year 2009 |
ARTS AND HUMANITIES 1 |
1.000 |
1.000 |
ARTS AND HUMANITIES 2 |
1.000 |
1.000 |
ARTS AND HUMANITIES 3 |
1.000 |
1.000 |
ARTS AND HUMANITIES 4 |
1.000 |
1.000 |
ARTS AND HUMANITIES 5 |
1.250 |
1.250 |
ARTS AND HUMANITIES 6 |
1.250 |
1.250 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
1.000 |
1.000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
1.250 |
1.250 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
1.250 |
1.250 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
1.250 |
1.250 |
MEDICAL 1 |
1.500 |
1.500 |
MEDICAL 2 |
1.728 |
1.728 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
1.000 |
1.000 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
1.002 |
1.002 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
1.613 |
1.613 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
1.690 |
1.690 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
1.420 |
1.420 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
2.081 |
2.081 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
1.702 |
1.702 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
1.808 |
1.808 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
1.341 |
1.341 |
(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA ENTITLEMENTS AND ADJUSTMENTS
(1) Of the foregoing appropriation item 235-501, State Share of Instruction, up to 10.44 per cent of the appropriation in each fiscal year shall be reserved for support of doctoral programs to implement the recommendations of the Graduate Funding Commission. The amount so reserved shall be referred to as the doctoral set-aside.
The doctoral set-aside shall be allocated to universities in
proportion to
their share of the total number of Doctoral I
equivalent FTEs as
calculated on
an institutional basis using the
greater of the two-year or five-year
FTEs for
the period fiscal
year 1994 through fiscal year 1998 with annualized
FTEs for
fiscal
years 1994 through 1997 and all-term FTEs for fiscal year 1998
as
adjusted to
reflect the effects of doctoral review and subsequent changes in Doctoral I equivalent enrollments. For the
purposes of this calculation,
Doctoral I equivalent FTEs shall
equal the sum of Doctoral
I FTEs plus 1.5 times
the sum of
Doctoral II FTEs.
If a university participates in the Innovation Incentive Program outlined in appropriation item 235-433, Economic Growth Challenge, in fiscal year 2008 the Board of Regents shall withhold the university's increasing matching share required by the Innovation Incentive Program from its allocation of the doctoral set-aside.
The Board of Regents shall use the combined amount of each participating state-assisted university's set aside of the doctoral reserve that has been withheld, the state matching funds earmarked under appropriation item 235-433, Economic Growth Challenge, and the amount set aside by each accredited Ohio institution of higher education holding a certificate of authorization under section 1713.02 of the Revised Code electing to participate in the Innovation Incentive Program to make awards through a competitive process under the Innovation Incentive Program. Only universities electing to set aside the prescribed amount shall be eligible to compete for and receive Innovation Incentive awards. The participating universities shall use these awards to restructure their array of doctoral programs.
(2) Each campus's state share of instruction base formula earnings shall be determined as follows:
(a) For each campus in each fiscal year, the instructional costs shall be determined by multiplying the
amounts
listed above in divisions
(B) and (C) of this
section by (i) average
subsidy-eligible FTEs for the two-year period ending in the
prior
year for
all models except Doctoral I and Doctoral II; and (ii)
average
subsidy-eligible
FTEs for the five-year period
ending in
the
prior year for all models except Doctoral I and
Doctoral II.
(b) The Board of Regents shall compute the
two
calculations listed in division (D)(2)(a) of this section and use
the
greater amount as
each campus's instructional costs.
(c) The Board of Regents shall compute a uniform state share of instructional costs by dividing the appropriations for 235-501, State Share of Instruction, less the doctoral set-aside calculated in division (D)(1) of this section, by the sum of all campuses' instructional costs as calculated in division (D)(2)(b) of this section.
(d) The formula entitlement for each campus shall be determined by multiplying the uniform state share of costs calculated in division (D)(2)(c) of this section by the campus's instructional cost determined in division (D)(2)(b) of this section.
(3) In addition to the doctoral set-aside allocation determined in division (D)(1) of this section and the formula entitlement determined in division (D)(2) of this section, an allocation based on fiscal year 2007 facility-based plant operations and maintenance (POM) subsidy shall be made. No campus shall be eligible for a POM allocation if the campus did not receive a net-assignable-square-foot-based (NASF) POM allocation in fiscal year 2007 and the amount of state share of instruction subsidy the campus would have received in fiscal year 2007 had the campus's calculation been based on the state share of instruction method described in this section, but using relevant fiscal year 2007 data, is less than 98.5% of the campus's actual final fiscal year 2007 state share of instruction earnings.
For each eligible campus, the amount of the POM allocation in each fiscal year shall be the lesser of:
(a) 98.5% of the campus's actual final fiscal year 2007 state share of instruction earnings, minus the amount the campus would have received in fiscal year 2007 had the campus's calculation been based on the state share of instruction method described in this section, but using relevant fiscal year 2007 data; or
(b) The actual final fiscal year 2007 net-assignable-square-foot-based (NASF) POM allocation that was provided to the campus.
Any POM allocations required by this division shall be funded by proportionately reducing formula entitlement earnings, including the POM allocations, for all campuses.
The Board of Regents, in consultation with representatives of state-assisted colleges and universities, shall study the need for the facility-based POM allocations and make recommendations for changes by June 30, 2008.
(4) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE
In addition to and after the other adjustment noted above, in each
fiscal year, no campus shall receive a state share of instruction allocation that is less than 100 per cent of the prior year's state share of instruction amount. Funds shall be made available to fund this guarantee provision by recalculating the uniform state share as described in division (D)(2)(c) of this section by subtracting guarantee funds and the doctoral set-aside from the total appropriations for appropriation item 235-501, State Share of Instruction.
(5) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, state share of instruction earnings
shall be reduced for each campus by the amount,
if any, by which debt service
charged in Am. H.B. 748 of the
121st General Assembly, Am. Sub. H.B. 850 of
the 122nd
General
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B. 675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th General Assembly, and Am. Sub. H.B. 699 of the 126th General Assembly for
that campus exceeds
that campus's capital
component earnings. The sum of the amounts deducted shall be transferred to appropriation item 235-552, Capital Component, in each fiscal year.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be made without the recommendation of the Chancellor and the
approval of the Controlling Board.
(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF INSTRUCTION
The standard provisions of the state share of instruction calculation as described in the preceding sections of temporary law shall apply to any reductions made to appropriation item 235-501, State Share of Instruction, before the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year.
Any reductions made to appropriation item 235-501, State Share of Instruction, after the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year, shall be uniformly applied to each campus in proportion to its share of the final allocation.
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the first six months of the fiscal
year shall be
based upon the state share of instruction appropriation
estimates
made for the various institutions of higher education
according to
Board of Regents enrollment estimates.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
Section 375.30.25. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2008 AND 2009
(A) The boards of trustees of institutions of state-supported higher education shall restrain increases in in-state undergraduate instructional and general fees. For the 2007-2008 academic year, each state-supported institution shall not increase its in-state undergraduate instructional and general fees over what the institution charged for the 2006-2007 academic year. For the 2008-2009 academic year, each state-supported institution shall not increase its in-state undergraduate instructional and general fees over what the institution charged for the 2007-2008 academic year.
These limitations shall not apply to increases required to comply with institutional covenants related to their obligations or to meet unfunded legal mandates or legally binding obligations incurred or commitments made prior to the effective date of this section with respect to which the institution had identified such fee increases as the source of funds. Any increase required by such covenants and any such mandates, obligations, or commitments shall be reported by the Board of Regents to the Controlling Board. These limitations may also be modified by the Board of Regents, with the approval of the Controlling Board, to respond to exceptional circumstances as identified by the Board of Regents.
Of the foregoing appropriation item 235-501, State Share of Instruction, $58,000,000 in fiscal year 2008 and $60,000,000 in fiscal year 2009 shall be distributed based on each campus's proportional share of the total in-state undergraduate instructional and general fees for fiscal year 2007. For purposes of this subsidy, the in-state undergraduate instructional and general fee amounts for all campuses except for Miami University shall be determined by multiplying the number of a campus's in-state full-time equivalent undergraduate students by the campus's full-time in-state undergraduate instructional and general fees, prior to deducting any scholarships and student financial aid grants. In the case of Miami University, the instructional and general fee amount used in the calculation shall be the average full-time in-state undergraduate instructional and general fee amount after taking into account Ohio Resident and Ohio Leader scholarships.
The remainder of appropriation item 235-501, State Share of Instruction, shall be distributed according to division (B) of this section.
(B)(1) Notwithstanding the distribution formulas outlined in Section 375.30.20 of this act, in fiscal year 2008 each state-supported institution shall receive what was received in fiscal year 2007. In addition, each institution shall receive a proportional share of the total appropriation increase from fiscal year 2007 to fiscal year 2008 in appropriation item 235-501, State Share of Instruction, if the institution demonstrates one per cent savings through identified internal efficiencies in fiscal year 2008, as certified by the Chancellor of the Board of Regents.
Notwithstanding the distribution formulas outlined in Section 375.30.20 of this act, in fiscal year 2009 each state-supported institution shall receive what was received in fiscal year 2008. In addition, each institution shall receive a proportional share of the total appropriation increase from fiscal year 2008 to fiscal year 2009 in appropriation item 235-501, State Share of Instruction, if the institution demonstrates three per cent savings through identified internal efficiencies in fiscal year 2009, as certified by the Chancellor of the Board of Regents.
(2) In each fiscal year, state share of instruction earnings
shall be reduced for each campus by the amount,
if any, by which debt service
charged in Am. H.B. 748 of the
121st General Assembly, Am. Sub. H.B. 850 of
the 122nd
General
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B. 675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th General Assembly, and Am. Sub. H.B. 699 of the 126th General Assembly for
that campus exceeds
that campus's capital
component earnings. The sum of the amounts deducted shall be transferred to appropriation item 235-552, Capital Component, in each fiscal year.
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be made without the recommendation of the Board of Regents and the
approval of the Controlling Board.
Any reductions made to appropriation item 235-501, State Share of Instruction, shall be uniformly applied to each campus in proportion to its share of the allocation.
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
(C) In consultation with the Department of Development, the Chancellor of the Board of Regents shall commission a study on the needs of the business community relative to higher education in the state. The study shall include all of the following:
(1) Determine the needs of Ohio's business community;
(2) Determine whether state-supported institutions of higher education are meeting those needs;
(3) Identify how state-supported institutions of higher education can improve to meet those needs;
(4) Identify the necessary skills and talents required by the business community that Ohio's college graduates must have in order to perform in the workplace; and
(5) Make any necessary recommendations as to how state-supported institutions of higher education can better meet the needs of the business community.
Not later than December 31, 2007, the Chancellor of the Board of Regents shall report the findings of the study to the Governor, the Speaker and the Minority Leader of the House of Representatives, and the President and the Minority Leader of the Senate.
(D) In consultation with state-supported institutions of higher education, the Chancellor of the Board of Regents shall develop a plan that includes all of the following:
(1) A plan to achieve the access goal of increasing the number of Ohioans with a college degree by 230,000 by 2017;
(2) A plan to achieve the success goal of increasing the graduation rate of those who first enroll in college on or after the effective date of this section by twenty per cent by 2017;
(3) A plan to achieve affordability through tuition restraint and additional state support for higher education; such a plan shall include goals for establishing and implementing funding policies that provide for sufficient state funding support to reach tuition that matches or is lower than the national average and state support that matches or exceeds the national average;
(4) A plan to enhance the state's competitiveness for attracting federal and other support for research and development at public research universities; such a plan shall include goals for reaching or exceeding the national average level of support, on a per capita basis, for research and development;
(5) A plan to promote higher education throughout the state through the coordinated leadership efforts of the Governor, the Chancellor of the Board of Regents, and other stakeholders; such a plan shall include goals for using various media and other partnerships to raise awareness of college opportunities, to increase public awareness about the value of a college education, and to create a shared vision that a higher education is attainable by all Ohioans.
Each of these plans shall include key outcome measures and other appropriate indicators to allow for monitoring of progress made in meeting the established goals. Each state-supported institution of higher education shall provide any student and institutional outcome data in any program areas requested by the Chancellor of the Board of Regents, including program efficiency and utilization of state resources. Each state-supported institution of higher education shall also commit to increasing inter-institution collaborations and partnerships and enhancing efficiencies with the goal of achieving measurable increases in savings.
In consultation with state-supported institutions of higher education, the Chancellor of the Board of Regents shall study the feasibility of establishing and implementing a tuition flexibility plan that may allow state-supported institutions of higher education to charge per-credit-hour-based tuition or differential tuition.
Not later than December 31, 2007, the Chancellor of the Board of Regents shall report the plan and the tuition flexibility feasibility study to the Governor, the Speaker and the Minority Leader of the House of Representatives, and the President and the Minority Leader of the Senate.
Section 375.30.30. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges
and universities may be used to provide such branch or other
off-campus undergraduate courses of study and such master's
degree
courses of study as may be approved by the Board of
Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies by income from charges
to students. Each board shall establish the
fees to be charged to
all students, including an instructional fee for
educational and
associated operational support of the institution and a
general
fee for noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges for services
assessed uniformly to all
enrolled students. Each board may also establish
special purpose
fees, service charges, and fines as required; such special
purpose
fees and service charges shall be for services or benefits
furnished
individual students or specific categories of students
and shall not be
applied uniformly to all enrolled students. Except for the board of trustees of Miami University, in implementing the pilot tuition restructuring plan recognized in Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly and again recognized by this act, a
tuition surcharge shall be paid
by all students who are not
residents of Ohio.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees. This prohibition is not intended to limit the authority of the board of trustees of Miami University in providing financial assistance to students in implementing the pilot tuition restructuring plan recognized in Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly and again recognized by this act.
Except for Miami University, in implementing the pilot tuition restructuring plan recognized in Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly and again recognized by this act, each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
The board of trustees of state-assisted institutions of higher education shall ensure that faculty members devote a proper and
judicious part of their work week to the actual instruction of
students. Total class credit hours of production per quarter per
full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Board of Regents.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups.
Administrative decisions about the utilization of
available
resources, about organizational structure, about
disciplinary
procedure, about the operation and staffing of all
auxiliary
facilities, and about administrative personnel shall be
the
exclusive prerogative of boards of trustees. Any delegation
of
authority by a board of trustees in other areas of
responsibility
shall be accompanied by appropriate standards of
guidance
concerning expected objectives in the exercise of such
delegated
authority and shall be accompanied by periodic review
of the
exercise of this delegated authority to the end that the
public
interest, in contrast to any institutional or special
interest,
shall be served.
Section 375.30.40. STUDENT SUPPORT SERVICES
The foregoing appropriation item 235-502, Student Support
Services, shall be
distributed by the Board of Regents to Ohio's
state-assisted colleges and
universities that incur
disproportionate costs in the provision of support
services to
disabled students.
Section 375.30.50. OHIO INSTRUCTIONAL GRANTS
In each fiscal year, instructional grants for all eligible full-time students who have attended a college, university, or proprietary school and have completed coursework for college credit, excluding early college high school and post-secondary enrollment option students, prior to academic year 2006-2007, shall be made using the tables under section 3333.12 of the Revised Code.
Of the foregoing appropriation item 235-503, Ohio Instructional
Grants, an amount in each fiscal year shall be used to make the payments authorized by division
(C) of section 3333.26 of the Revised Code to the institutions
described in that division. In addition, an amount in each fiscal year shall
be used to reimburse the institutions described in division (B) of
section 3333.26 of the Revised Code for the cost of the waivers
required by that division.
The unencumbered balance of appropriation item 235-503, Ohio Instructional Grants, at the end of fiscal year 2008 shall be transferred to fiscal year 2009 for use under the same appropriation item. The amounts transferred are hereby appropriated.
Section 375.30.60. WAR ORPHANS SCHOLARSHIPS
The foregoing appropriation item 235-504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Ohio Board of Regents under Chapter 1713. of the Revised
Code, in accordance with the provisions of section 5910.04 of the
Revised Code, and to fund additional scholarship benefits provided
by section 5910.032 of the Revised Code.
Section 375.30.70. OHIOLINK
The foregoing appropriation item 235-507, OhioLINK, shall be used by the Board of Regents to support OhioLINK, the state's electronic library information and retrieval system, which provides access statewide to an extensive set of electronic databases and resources and the library holdings of all of Ohio's public colleges and universities, 44 private colleges, and the State Library of Ohio.
Section 375.30.80. AIR FORCE INSTITUTE OF TECHNOLOGY
The foregoing appropriation item 235-508, Air Force Institute of Technology, shall be used to strengthen the research and educational linkages between the Wright Patterson Air Force Base and institutions of higher education in Ohio. Of the foregoing appropriation item 235-508, Air Force Institute of Technology, $1,358,588 in each fiscal year shall be used for research projects that connect the Air Force Research Laboratories with university partners. The institute shall provide annual reports to the Third Frontier Commission, that discuss existing, planned, or possible collaborations between programs and funding recipients related to technology, research development, commercialization, and support for Ohio's economic development.
Of the foregoing appropriation item 235-508, Air Force Institute of Technology, $691,757 in each fiscal year shall be used to match federal dollars to support technology commercialization and job creation. The Development Research Corporation shall use the funds to create or expand Ohio-based technology and commercial development collaborations in areas that are a priority in Ohio's third frontier initiative between industry, academia, and government.
Section 375.30.90. OHIO SUPERCOMPUTER CENTER
The foregoing appropriation item 235-510, Ohio
Supercomputer
Center, shall be used by the Board of Regents
to support the
operation of the Ohio Super Computer Center, located at The Ohio State
University, as
a statewide resource available to
Ohio research universities both
public and private. It is also
intended that the center be made
accessible to private industry
as appropriate. Policies of the
center shall be established by a
governance committee,
representative of Ohio's research
universities and private
industry, to be appointed by the
Chancellor of the Board of
Regents and established for this
purpose.
Funds shall be used, in part, to support the Ohio Supercomputer Center's Computational Science Initiative which includes its industrial outreach program, Blue Collar Computing, and its School of Computational Science. These collaborations between the Ohio Supercomputer Center and Ohio's colleges and universities shall be aimed at making Ohio a leader in using computer modeling to promote economic development.
Of the foregoing appropriation item 235-510, Ohio Supercomputer Center, $250,000 in each fiscal year shall be used to support the Super Computer Center's activities in Beavercreek.
Section 375.40.10. COOPERATIVE EXTENSION SERVICE
The foregoing appropriation item 235-511, Cooperative Extension Service, shall be disbursed through the Board of Regents to The Ohio State University in monthly payments, unless otherwise determined by the Director of Budget and Management under section 126.09 of the Revised Code.
Of the foregoing appropriation item 235-511, Cooperative
Extension Service, $178,271 in each fiscal year shall be used for
additional staffing for county
agents for expanded 4-H activities.
Of the foregoing
appropriation item 235-511, Cooperative Extension
Service,
$178,271 in each fiscal year
shall be used by the
Cooperative Extension Service, through the
Enterprise Center for
Economic Development in cooperation with
other agencies, for a
public-private effort to create and operate
a small business
economic development program to enhance the
development of
alternatives to the growing of tobacco, and
implement, through
applied research and demonstration, the
production and marketing
of other high-value crops and
value-added products. Of the
foregoing appropriation item
235-511, Cooperative Extension
Service, $55,179 in each fiscal year shall be used for farm labor
mediation and education
programs, $182,515 in each fiscal year shall
be used to support the Ohio State University
Marion Enterprise Center, and $772,931 in each fiscal year shall be used to
support the Ohio Watersheds
Initiative.
Section 375.40.20. OHIO UNIVERSITY VOINOVICH CENTER
The foregoing appropriation item 235-513, Ohio University Voinovich Center, shall be used by the Board of Regents to support the operations of Ohio University's Voinovich Center.
Section 375.40.30. PERFORMANCE STANDARDS FOR MEDICAL EDUCATION
The Board of Regents, in consultation with the
state-assisted medical
colleges, shall develop performance
standards for medical
education. Special
emphasis in the
standards shall be placed on attempting to ensure
that at least 50
per cent of the aggregate number of students
enrolled in
state-assisted medical colleges continue to enter residency as
primary care
physicians. Primary care physicians are
general
family
practice
physicians, general internal medicine
practitioners, and general
pediatric care
physicians.
The Board
of Regents shall monitor medical school
performance in relation
to their
plans for reaching the 50 per
cent systemwide standard
for primary care
physicians.
Section 375.40.35. CENTRAL STATE SUPPLEMENT
The foregoing appropriation item 235-514, Central State Supplement, shall be used by Central State University to keep undergraduate fees below the statewide average, consistent with its mission of service to many first-generation college students from groups historically underrepresented in higher education and from families with limited incomes.
Section 375.40.40. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF MEDICINE
The foregoing appropriation item 235-515, Case Western
Reserve University School of
Medicine, shall be disbursed to Case
Western Reserve University
through the Board of Regents in
accordance with agreements
entered into under section
3333.10 of the Revised
Code, provided that the state support per
full-time medical
student shall not exceed that provided to
full-time medical
students at state universities.
Section 375.40.50. CAPITOL SCHOLARSHIP PROGRAM
The foregoing appropriation item 235-518, Capitol Scholarship Program, shall be used by the Board of Regents to provide scholarships to undergraduates of Ohio's four-year public and private institutions of higher education participating in the Washington Center Internship Program. A scholarship of $1,800 shall be awarded to students enrolled in an institution operating on a quarter system, and a scholarship of $2,300 shall be awarded to students enrolled in an institution operating on a semester system. The number of scholarships awarded shall be limited by the amounts appropriated in fiscal years 2008 and 2009. The Washington Center shall provide a minimum of $1,300 per student in matching scholarships.
Section 375.40.60. FAMILY PRACTICE
The Board of Regents shall develop plans consistent with existing criteria and guidelines as may be required for the distribution of appropriation item 235-519, Family Practice.
Section 375.40.70. SHAWNEE STATE SUPPLEMENT
The foregoing appropriation item 235-520, Shawnee State
Supplement, shall be used by Shawnee State University as detailed
by both of the following:
(A) To allow Shawnee State University to keep its
undergraduate
fees below the statewide average, consistent with
its mission of service to an
economically depressed Appalachian
region;
(B) To allow Shawnee State University to employ new faculty
to develop and
teach in new degree programs that meet the needs of
Appalachians.
Section 375.40.80. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS
The foregoing appropriation item 235-521, The Ohio State University John Glenn School of Public Affairs, shall be used by the Board of Regents to support the operations of the Ohio State University's John Glenn School of Public Affairs.
Section 375.40.90. POLICE AND FIRE PROTECTION
The foregoing appropriation item 235-524, Police and Fire
Protection, shall be
used for police and fire services in the
municipalities of Kent, Athens,
Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County),
Rootstown
Township, and the City of Nelsonville that may be used to assist these local governments in
providing police and fire protection for the central campus of the
state-affiliated university located therein. Each participating
municipality
and township shall receive at least $5,000 in each fiscal year. Funds
shall be distributed according to the method employed by the Board of
Regents in the previous biennium.
Section 375.50.10. GERIATRIC MEDICINE
The Board of Regents shall develop plans consistent
with
existing criteria and guidelines as may be required for the
distribution of appropriation item 235-525, Geriatric Medicine.
Section 375.50.20. PRIMARY CARE RESIDENCIES
The Board of Regents shall develop plans consistent with existing criteria and guidelines as may be required for the distribution of appropriation item 235-526, Primary Care Residencies.
The foregoing appropriation item 235-526, Primary Care Residencies, shall be distributed in each fiscal year of the biennium, based on whether or not the institution has submitted and gained approval for a plan. If the institution does not have an approved plan, it shall receive five per cent less funding per student than it would have received from its annual allocation. The remaining funding shall be distributed among those institutions that meet or exceed their targets.
Section 375.50.30. OHIO AEROSPACE INSTITUTE
The foregoing appropriation item 235-527, Ohio Aerospace
Institute, shall be distributed by the Board of Regents
under
section 3333.042 of the Revised Code.
The Board of Regents, in consultation with the Third Frontier Commission, shall develop a plan for providing for appropriate, value-added participation of the Ohio Aerospace Institute in Third Frontier Project proposals and grants.
Section 375.50.40. ACADEMIC SCHOLARSHIPS
The foregoing appropriation item 235-530, Academic
Scholarships, shall be used to provide academic scholarships to
students under section 3333.22 of the Revised Code.
Section 375.50.50. STUDENT CHOICE GRANTS
The foregoing appropriation item 235-531, Student Choice
Grants, shall be used to provide Student Choice Grants under section 3333.27 of the Revised Code. The unencumbered balance of appropriation item 235-531, Student Choice Grants, at the end of fiscal year 2008 shall be transferred to fiscal year 2009 for use under the same appropriation item. The amounts transferred are hereby appropriated.
Section 375.50.60. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER
The foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, shall be disbursed through the Board of Regents to The Ohio State University in monthly payments, unless otherwise determined by the Director of Budget and Management under section 126.09 of the Revised Code. The Ohio Agricultural Research and Development Center shall not be required to remit payment to The Ohio State University during the biennium ending June 30, 2009, for cost reallocation assessments. The cost reallocation assessments include, but are not limited to, any assessment on state appropriations to the Center.
The Ohio Agricultural Research and Development Center, an entity of the College of Food, Agricultural, and Environmental Sciences of The Ohio State University, shall further its mission of enhancing Ohio's economic development and job creation by continuing to internally allocate on a competitive basis appropriated funding of programs based on demonstrated performance. Academic units, faculty, and faculty-driven programs shall be evaluated and rewarded consistent with agreed-upon performance expectations as called for in the College's Expectations and Criteria for Performance Assessment.
Of the foregoing appropriation item 235-535, Ohio Agricultural Research and Development Center, $467,578 in each fiscal year shall be used to purchase equipment.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $822,592 in each fiscal year shall be distributed to the Piketon
Agricultural
Research and
Extension Center.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $216,471 in each fiscal year shall be distributed to the
Raspberry/Strawberry-Ellagic Acid
Research program at The Ohio
State
University Medical College in
cooperation with The Ohio
State University
College of Agriculture.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and
Development Center, $43,294 in each fiscal year shall
be used to support the
Ohio Berry Administrator.
Of the foregoing appropriation item 235-535, Ohio
Agricultural
Research and Development Center, $86,588 in each fiscal year shall be
used for the development of agricultural
crops and
products not
currently in widespread production in Ohio,
in order
to increase
the income and viability of family farmers.
Section 375.50.70. STATE UNIVERSITY CLINICAL TEACHING
The foregoing appropriation items 235-536, The Ohio State University Clinical Teaching; 235-537, University of Cincinnati Clinical Teaching; 235-538, University of Toledo Clinical Teaching; 235-539, Wright State University Clinical Teaching; 235-540, Ohio University Clinical Teaching; and 235-541, Northeastern Ohio Universities College of Medicine Clinical Teaching, shall be distributed through the Board of Regents.
Of the foregoing appropriation item 235-539, Wright State University Clinical Teaching, $124,644 in each fiscal year of the biennium shall be for the use of Wright State University's Ellis Institute for Clinical Teaching Studies to operate the clinical facility to serve the Greater Dayton area.
Section 375.50.80. SCHOOL OF INTERNATIONAL BUSINESS
Of the foregoing appropriation item 235-547, School of
International Business, $250,000 in each fiscal year
shall be
used for the continued development and
support of the School of
International Business of the state universities of northeast
Ohio. The money
shall go to The University of Akron. These funds
shall be used by the
university to establish a School of
International Business located at The
University of Akron. It may
confer with Kent State University,
Youngstown State
University,
and Cleveland State University as to the
curriculum
and other
matters regarding the school.
Of the foregoing appropriation item 235-547, School of
International Business,
$100,000 in each fiscal year shall be used
by the University of Toledo
College of Business for
expansion of
its international business programs.
Of the foregoing appropriation item 235-547, School of
International Business,
$100,000 in each fiscal year shall be used
to support the Ohio State
University
BioMEMS program.
Of the foregoing appropriation item 235-547, School of International Business, $100,000 in fiscal year 2009 shall be used to support the Supporting Education for the Returning Veterans (SERV) program at Cleveland State University.
Of the foregoing appropriation item 235-547, School of International Business, $100,000 in fiscal year 2009 shall be used to support the Veterans Upward Bound (VUB) program at Cuyahoga Community College.
Section 375.50.90. CAPITAL COMPONENT
The foregoing appropriation item 235-552, Capital Component,
shall be used by
the Board of Regents to implement the
capital
funding policy for
state-assisted colleges and
universities
established in Am. H.B. 748 of
the
121st General
Assembly.
Appropriations from this item shall be distributed to
all campuses
for which the estimated campus debt service
attributable to new
qualifying capital projects is
less than the
campus's
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt
service attributable to new qualifying capital
projects
from the campus's formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be
restricted to capital-related purposes.
Any campus for which the estimated campus debt service attributable to qualifying capital projects is greater than the campus's formula-determined capital component allocation shall have the difference subtracted from its State Share of Instruction allocation in each fiscal year. The sum of all such amounts shall be transferred from appropriation item 235-501, State Share of Instruction, to appropriation item 235-552, Capital Component.
Section 375.60.10. DAYTON AREA GRADUATE STUDIES INSTITUTE
The foregoing appropriation item 235-553, Dayton Area
Graduate Studies
Institute, shall be used by the Board of
Regents
to support the Dayton
Area Graduate Studies Institute, an
engineering graduate consortium of three
universities in the
Dayton area: Wright State University, the University of
Dayton,
and the Air Force Institute of Technology, with the participation
of
the University of Cincinnati and The Ohio State University.
Of the foregoing appropriation item 235-553, Dayton Area Graduate Studies Institute, $350,000 in each fiscal year shall be used by the Development Research Corporation to support collaborative research and technology commercialization initiatives in Ohio.
Section 375.60.20. PRIORITIES IN COLLABORATIVE GRADUATE EDUCATION
The foregoing appropriation item 235-554, Priorities in Collaborative
Graduate Education,
shall be used to
support improvements in graduate fields of study at
state-assisted universities identified by the Board of Regents, in consultation with the Department of Development and the Department of Job and Family Services, as vital to the state's economic strategy or related to an area of workforce shortage. Each fiscal year, participating institutions shall collectively submit for Board of Regents approval a plan describing how they will work collaboratively to improve the quality of their graduate programs and how the funds are to be used for this purpose. The collaborative effort for Ph.D. computer science programs shall be coordinated by the Ohio Supercomputer Center as part of its School of Computational Science.
Section 375.60.30. LIBRARY DEPOSITORIES
The foregoing appropriation item, 235-555, Library Depositories, shall be distributed to the state's five regional depository libraries for the cost-effective storage of and access to lesser-used materials in university library collections. The distribution of funds shall be coordinated by the Board of Regents.
Section 375.60.40. OHIO ACADEMIC RESOURCES NETWORK (OARNET)
The foregoing appropriation item 235-556, Ohio Academic
Resources Network,
shall be used to support the
operations of the
Ohio Academic Resources Network, which shall include support
for
Ohio's state-assisted colleges and universities in maintaining and
enhancing network connections and in using new network technologies to improve research, education, and economic development programs. The network shall give priority to supporting the Third Frontier Network and allocating bandwidth to programs directly supporting Ohio's economic development.
Section 375.60.50. LONG-TERM CARE RESEARCH
Of the foregoing appropriation item 235-558, Long-term Care
Research, $211,047 in each fiscal year shall be
disbursed to Miami University for long-term
care research.
Of the foregoing appropriation item 235-558, Long-term Care Research, $100,000 in each fiscal year shall be disbursed to the University of Cincinnati to support Alzheimer's and dementia research pursuant to an affiliation agreement with the Alois Alzheimer Center.
Of the foregoing appropriation item 235-558, Long-term Care Research, $50,000 in each fiscal year shall be used to support People Working Cooperatively, Inc.
Section 375.60.60. BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER
The foregoing appropriation item 235-561, Bowling Green State
University Canadian
Studies Center, shall be used by the Canadian
Studies Center at
Bowling Green State University to
study
opportunities for Ohio and
Ohio businesses to benefit from
the
Free Trade Agreement between
the United States and Canada.
Section 375.60.70. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN
The foregoing appropriation item 235-563, Ohio College Opportunity Grant, shall be used by the Board of Regents to begin to award needs-based financial aid to students based on the United States Department of Education's method of determining financial need. Students who enrolled in a public, private, or proprietary post-secondary institution of higher education for the first time in academic year 2006-2007, excluding early college high school and post-secondary enrollment option participants, shall be eligible to receive aid based on their expected family contributions as calculated by the United States Department of Education, according to section 3333.122 of the Revised Code.
Eligible expenditures from the foregoing appropriation item 235-563, Ohio College Opportunity Grant, shall be claimed each fiscal year to help meet the state's TANF maintenance of effort requirement. The Chancellor of the Board of Regents and the Director of Job and Family Services shall enter into an interagency agreement to carry out this paragraph, which shall include, but not be limited to, developing reporting guidelines for these expenditures.
Section 375.60.80. CENTRAL STATE UNIVERSITY SPEED TO SCALE
The foregoing appropriation 235-567, Central State University Speed to Scale, shall be used to achieve the goals of the Speed to Scale Plan, which include increasing student enrollment through freshman recruitment and transferred students, increasing the proportion of in-state students to 80 per cent of the total student population, and increasing the student retention rates between the first and second year of college by two per cent each year. The goals shall be accomplished by targeting student retention, improved articulation agreements with two-year campuses, increased use of alternative course options, including online coursework and Ohio Learning Network resources, College Tech Prep, Post Secondary Enrollment Options, and other dual-credit programs, and strategic partnerships with research institutions to improve the quality of Central State University's offering of science, technology, engineering, mathematics, and medical instruction. In fiscal year 2009, the disbursement of these funds shall be contingent upon Central State University meeting the annual goals for the student enrollment and first-to-second-year retention rate increases.
There is hereby created the Speed to Scale Task Force that shall meet not less than quarterly to discuss progress of the plan, including performance on accountability metrics, issues experienced in planned efforts, and to monitor and support the creation of partnerships with other state institutions of higher education. The Task Force shall consist of the president of Central State University or the president's designee, the president of Sinclair Community College or the president's designee, the president of Cincinnati State Technical and Community College or the president's designee, the president of Cuyahoga Community College or the president's designee, The Ohio State University or the president's designee, the president of the University of Cincinnati or the president's designee, one representative from the Board of Regents, one member of the House of Representatives appointed by the Speaker of the House of Representatives, one member of the Senate appointed by the President of the Senate, the Director of Budget and Management or the director's designee, and a representative of the Governor's Office as appointed by the Governor.
On the thirtieth day of June of each fiscal year, Central State University and the Speed to Scale Task Force shall jointly submit to the Governor, the Director of Budget and Management, the Speaker of the House of Representatives, the President of the Senate, and the Board of Regents a report describing the status of their progress on the accountability metrics included in the Speed to Scale plan.
Section 375.60.95. JAMES A. RHODES SCHOLARSHIP
The foregoing appropriation item 235-571, James A. Rhodes Scholarship, shall be used to match the funds raised by the James A. Rhodes Leadership Foundation. Upon receiving certification that the Foundation has raised at least $10,000,000 from nonstate resources, the Board of Regents shall disburse the foregoing appropriation to the Foundation.
Section 375.70.10. THE OHIO STATE UNIVERSITY CLINIC SUPPORT
The foregoing appropriation item 235-572, The Ohio State
University Clinic
Support,
shall be distributed through the
Board
of Regents
to The Ohio
State University for support of
dental and
veterinary
medicine
clinics.
Section 375.70.15. OHIO HUMANITIES COUNCIL
The foregoing appropriation item 235-573, Ohio Humanities Council, shall be used to support humanities research, education, teacher development, and outreach activities through the Ohio Humanities Council.
Section 375.70.20. URBAN UNIVERSITY PROGRAM
Universities receiving funds from the foregoing appropriation item 235-583, Urban
University
Program,
that are used to support
an
ongoing university
unit shall certify periodically in a
manner
approved by the Board of Regents that program funds
are being
matched on a one-to-one basis with equivalent
resources. Overhead
support may not be used to meet this
requirement. Where Urban
University Program funds are being used
to support an ongoing
university unit, matching funds shall come
from continuing rather
than one-time sources. At each
participating state-assisted
institution of higher education,
matching funds shall be within the
substantial control of the
individual designated by the
institution's president as the Urban
University Program
representative.
Of the foregoing appropriation item 235-583, Urban
University
Program, $117,215 in each fiscal year shall be used
to support
the Center for the Interdisciplinary Study of
Education and the
Urban Child at Cleveland State
University. These funds shall be
distributed according to rules
adopted by the Board of
Regents and
shall be used by the
center for interdisciplinary
activities
targeted toward
increasing the chance of lifetime
success of the
urban child,
including interventions beginning with
the prenatal
period. The
primary purpose of the center is to
study issues in
urban
education and to systematically map
directions for new
approaches
and new solutions by bringing
together a cadre of
researchers,
scholars, and professionals
representing the social,
behavioral,
education, and health
disciplines.
Of the foregoing appropriation item 235-583, Urban University
Program, $1,433,037 in each fiscal year shall be distributed by
the Board of Regents to Cleveland State University in support of
the Maxine Goodman Levin College of Urban Affairs.
Of the foregoing appropriation item 235-583, Urban University
Program, $1,433,037 in each fiscal year shall be distributed to
the Northeast Ohio Research Consortium, the Urban
Linkages
Program, and the Urban Research Technical Assistance
Grant
Program. The distribution among the three programs shall be
determined by the chair of the Urban University Program.
Of the foregoing appropriation item 235-583, Urban University
Program,
$247,453 in each fiscal year shall be used to
support a
public communication outreach program (WCPN).
The primary purpose
of the program shall be to develop a
relationship between
Cleveland State University and nonprofit communications
entities.
Of the foregoing appropriation item 235-583,
Urban University
Program, $169,310 in each fiscal year shall be used to support
the Kent
State University Learning and Technology Project. This
project
is a kindergarten through university collaboration between
schools surrounding Kent State University's eight campuses in northeast
Ohio and
corporate partners who will assist in development and
delivery.
The Kent State University Project shall provide a faculty
member
who has a full-time role in the development of
collaborative
activities and teacher instructional programming
between Kent State University
and the K-12th grade schools that surround its eight
campuses;
appropriate student support staff to facilitate these
programs
and joint activities; and hardware and software to
schools that will
make possible the delivery of instruction to
pre-service and
in-service teachers, and their students, in their
own classrooms
or school buildings. This shall involve the
delivery of
low-bandwidth streaming video and web-based
technologies in a
distributed instructional model.
Of the foregoing appropriation item 235-583, Urban University
Program, $65,119 in each fiscal year shall be used to support
the
Ameritech Classroom/Center for Research at Kent State
University.
Of the foregoing appropriation item 235-583, Urban University
Program, $723,547 in each fiscal year
shall be used to support
the Polymer Distance Learning
Project at the University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Program,
$32,560 in each fiscal year shall be distributed to the
Kent State
University/Cleveland Design Center program.
Of the foregoing appropriation item 235-583, Urban University
Program,
$513,886 in each fiscal year shall be used to support
the Bliss Institute of
Applied Politics at the University of
Akron.
Of the foregoing appropriation item 235-583, Urban University
Program,
$10,851 in each fiscal year shall be used for the
Advancing-Up Program at the
University of Akron.
Of the foregoing appropriation item 235-583, Urban University Program, $139,777 in each fiscal year shall be used to support the Strategic Economic Research Collaborative at the University of Toledo Urban Affairs Center.
Of the foregoing appropriation item 235-583, Urban University Program, $164,777 in each fiscal year shall be used to support the Institute for Collaborative Research and Public Humanities at The Ohio State University.
Of the foregoing appropriation item 235-583, Urban University Program, $425,368 in each fiscal year shall be used to support the Medina County University Center.
Of the foregoing appropriation item 235-583, Urban University Program, $150,000 in each fiscal year shall be used to support the Ohio State University African American and African Studies Community Extension Center.
Of the foregoing appropriation item 235-583, Urban University Program, $200,000 in each fiscal year shall be used to support the Cleveland Institute of Art.
Section 375.70.30. RURAL UNIVERSITY PROJECTS
Of the foregoing appropriation item 235-587, Rural University
Projects,
Bowling Green State University shall receive $263,783 in each fiscal year, Miami University shall receive $245,320 in each fiscal year, and Ohio University shall receive $575,015 in each fiscal year. These
funds
shall be used to support the Institute
for
Local Government
Administration and Rural Development at Ohio
University, the
Center for Public Management and Regional Affairs
at Miami
University, and the Center for Regional Development at
Bowling Green
State University.
A small
portion of the funds provided to Ohio
University
shall also be used for the
Institute for Local
Government
Administration and Rural Development State and
Rural
Policy
Partnership with the Governor's Office of Appalachia and
the
Appalachian delegation of the General Assembly.
Of the foregoing appropriation item 235-587, Rural University Projects, $15,942 in each fiscal year shall be used to support the Washington State Community College day care center.
Of the foregoing appropriation item 235-587, Rural University Projects, $59,829 in each fiscal year shall be used to support the COAD/ILGARD/GOA Appalachian Leadership Initiative.
Section 375.70.40. HAZARDOUS MATERIALS PROGRAM
The foregoing appropriation item 235-596, Hazardous Materials
Program, shall
be disbursed to Cleveland State University for the
operation of a program to
certify firefighters for the handling of
hazardous materials. Training shall
be available to all Ohio
firefighters.
Of the foregoing appropriation item 235-596, Hazardous
Materials Program, $177,337 in each fiscal year shall be used to
support the Center for the Interdisciplinary Study of Education
and Leadership in Public Service at Cleveland State University.
These funds shall be distributed by the Board of Regents and shall
be used by the center targeted toward increasing the role of
special populations in public service and not-for-profit
organizations. The primary purpose of the center is to study
issues in public service and to guide strategies for attracting
new communities into public service occupations by bringing
together a cadre of researchers, scholars, and professionals
representing the public administration, social behavioral, and
education disciplines.
Section 375.70.50. NATIONAL GUARD SCHOLARSHIP PROGRAM
The Board of Regents shall disburse funds from appropriation
item 235-599,
National Guard Scholarship Program, at the
direction
of the Adjutant
General. During each fiscal year, the Board of Regents, within ten days of cancellation, may certify to the Director of Budget and Management the amount of canceled prior-year encumbrances in appropriation item 235-599, National Guard Scholarship Program. Upon receipt of the certification, the Director of Budget and Management may transfer an amount up to the certified amount from the General Revenue Fund to the National Guard Scholarship Reserve Fund (Fund 5BM). Upon the request of the Adjutant General, the Board of Regents shall seek Controlling Board approval to establish appropriations in item 235-623, National Guard Scholarship Reserve Fund. The Board of Regents shall disburse funds from appropriation item 235-623, National Guard Scholarship Reserve Fund, at the direction of the Adjutant General.
*Section 375.70.60. PLEDGE OF FEES
Any new pledge of fees, or new agreement for adjustment of
fees, made in the biennium ending June 30, 2009, to secure bonds or notes of
a
state-assisted institution of higher education for a project
for
which bonds or notes were not outstanding on the effective date of this section shall be effective only after approval by the
Board
of Regents, unless approved in a previous biennium.
Section 375.70.70. HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 235-909, Higher Education
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required to be made for obligations issued during the period from July 1, 2007, to June 30, 2009, under sections 151.01 and 151.04 of the Revised Code.
Section 375.70.80. SALES AND SERVICES
The Board of Regents is authorized to charge and accept payment for the provision of goods and services. Such charges shall be reasonably related to the cost of producing the goods and services. No charges may be levied for goods or services that are produced as part of the routine responsibilities or duties of the Board. All revenues received by the Board of Regents shall be deposited into Fund 456, and may be used by the Board of Regents to pay for the costs of producing the goods and services.
Section 375.70.90.
OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT
The foregoing appropriation item 235-602, Higher Educational Facility Commission
Administration, shall be used by the Board of Regents for
operating expenses related to the Board of Regents' support of
the
activities of the Ohio Higher Educational Facility
Commission.
Upon the request of the chancellor, the Director of
Budget and
Management shall transfer up to $50,000 cash in fiscal year 2008 and up to $45,000 cash in fiscal year 2009 from Fund
461 to Fund
4E8.
Section 375.80.10. PHYSICIAN LOAN REPAYMENT
The foregoing appropriation item 235-604, Physician Loan
Repayment, shall be used in accordance with sections 3702.71
to
3702.81 of the Revised Code.
Section 375.80.20. NURSING LOAN PROGRAM
The foregoing appropriation item 235-606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $159,600 in fiscal year 2008 and
$167,580 in fiscal year 2009 may be used for operating expenses
associated with the program. Any additional funds needed for the
administration of the program are subject to Controlling Board
approval.
Section 375.80.30. REPAYMENT OF RESEARCH FACILITY INVESTMENT
FUND
MONEYS
Notwithstanding any provision of law to the contrary, all
repayments of
Research Facility Investment Fund loans shall be
made to the Bond Service
Trust
Fund. All Research Facility
Investment Fund loan repayments made prior to the
effective date
of this section shall be transferred by the Director of Budget
and
Management to the Bond Service Trust Fund within sixty days after the
effective
date of this section.
Campuses shall make timely repayments of Research
Facility
Investment Fund loans, according to the schedule
established by
the Board of
Regents. In the case of late
payments, the Board of
Regents may deduct from an
institution's periodic subsidy
distribution an amount equal to
the
amount of the overdue payment
for that institution, transfer such
amount
to the Bond Service
Trust Fund, and credit the appropriate
institution for the
repayment.
Section 375.80.40. VETERANS' PREFERENCES
The Board of Regents shall work with the Governor's Office of
Veterans' Affairs
to develop specific veterans' preference
guidelines for higher education
institutions. These guidelines
shall ensure that the institutions' hiring
practices are in
accordance with the intent of Ohio's veterans' preference
laws.
Section 375.80.50. STATE NEED-BASED FINANCIAL AID RECONCILIATION
By the first day of August in each fiscal year, or as soon thereafter as possible, the Ohio Board of Regents shall certify to the Director of Budget and Management the amount necessary to pay any outstanding prior year obligations to higher education institutions for the state's need-based financial aid programs. The amounts certified are hereby appropriated to appropriation item 235-618, State Need-based Financial Aid Reconciliation, from revenues received in the State Need-based Financial Aid Reconciliation Fund (Fund 5Y5).
Section 375.80.60. TRANSFERS TO STATE NEED-BASED FINANCIAL AID PROGRAMS
In each fiscal year of the biennium, if the Chancellor of the Board of Regents determines that additional funds are needed to support the distribution of state need-based financial aid in accordance with sections 3333.12 and 3333.122 of the Revised Code, the Chancellor shall recommend the reallocation of unencumbered and unobligated appropriation balances of General Revenue Fund appropriation items in the Board of Regents to GRF appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant. If the Director of Budget and Management determines that such a reallocation is required, the Director may transfer those identified unencumbered and unobligated funds in the Board of Regents as necessary to GRF appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant. The amounts transferred to appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant, are hereby appropriated. If those unencumbered and unobligated funds are not sufficient to support the distribution of state need-based financial aid in accordance with sections 3333.12 and 3333.122 of the Revised Code in each fiscal year, the Director of Budget and Management may increase the appropriation from the General Revenue Fund of appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant, in each fiscal year. The combined increase to appropriation items 235-503, Ohio Instructional Grants, and 235-563, Ohio College Opportunity Grant, authorized under this section shall not exceed $5,000,000 in total for the purpose of need-based financial aid in each fiscal year of the biennium.
Section 375.80.70. TWO PLUS TWO PROGRAMS AT CO-LOCATED CAMPUSES
The General Assembly encourages co-located technical colleges and university branches to cooperate in developing programs that provide for a seamless articulation from a two-year associate degree from a technical college to a baccalaureate degree from the university branch with an additional two years of study.
Section 377.10. DRC DEPARTMENT OF REHABILITATION AND
CORRECTION
General Revenue Fund |
|
|
|
|
|
|
GRF |
501-321 |
|
Institutional Operations |
|
$ |
892,162,864 |
|
$ |
928,980,197 |
GRF |
501-403 |
|
Prisoner Compensation |
|
$ |
8,599,255 |
|
$ |
8,599,255 |
GRF |
501-405 |
|
Halfway House |
|
$ |
41,214,205 |
|
$ |
41,214,205 |
GRF |
501-406 |
|
Lease Rental Payments |
|
$ |
107,607,100 |
|
$ |
109,224,900 |
GRF |
501-407 |
|
Community Nonresidential Programs |
|
$ |
16,514,626 |
|
$ |
16,547,367 |
GRF |
501-408 |
|
Community Misdemeanor Programs |
|
$ |
9,313,076 |
|
$ |
9,313,076 |
GRF |
501-501 |
|
Community Residential
Programs - CBCF |
|
$ |
57,104,132 |
|
$ |
57,104,132 |
GRF |
502-321 |
|
Mental Health Services |
|
$ |
70,112,063 |
|
$ |
73,405,363 |
GRF |
503-321 |
|
Parole and Community Operations |
|
$ |
79,296,672 |
|
$ |
82,739,767 |
GRF |
504-321 |
|
Administrative Operations |
|
$ |
27,554,198 |
|
$ |
28,658,273 |
GRF |
505-321 |
|
Institution Medical Services |
|
$ |
199,073,620 |
|
$ |
198,337,805 |
GRF |
506-321 |
|
Institution Education Services |
|
$ |
23,784,868 |
|
$ |
24,847,502 |
GRF |
507-321 |
|
Institution Recovery Services |
|
$ |
7,319,028 |
|
$ |
7,664,520 |
TOTAL GRF General Revenue Fund
|
|
$ |
1,539,655,707 |
|
$ |
1,586,636,362 |
General Services Fund Group
148 |
501-602 |
|
Services and Agricultural |
|
$ |
104,485,807 |
|
$ |
108,290,058 |
200 |
501-607 |
|
Ohio Penal Industries |
|
$ |
39,395,391 |
|
$ |
40,845,414 |
4B0 |
501-601 |
|
Sewer Treatment Services |
|
$ |
2,331,003 |
|
$ |
2,407,018 |
4D4 |
501-603 |
|
Prisoner Programs |
|
$ |
20,967,703 |
|
$ |
20,967,703 |
4L4 |
501-604 |
|
Transitional Control |
|
$ |
2,051,451 |
|
$ |
2,051,451 |
4S5 |
501-608 |
|
Education Services |
|
$ |
4,564,072 |
|
$ |
4,564,072 |
483 |
501-605 |
|
Property Receipts |
|
$ |
393,491 |
|
$ |
393,491 |
5AF |
501-609 |
|
State and Non-Federal Awards |
|
$ |
262,718 |
|
$ |
262,718 |
5H8 |
501-617 |
|
Offender Financial Responsibility |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
5L6 |
501-611 |
|
Information Technology Services |
|
$ |
3,741,980 |
|
$ |
3,741,980 |
571 |
501-606 |
|
Training Academy Receipts |
|
$ |
75,190 |
|
$ |
75,190 |
593 |
501-618 |
|
Laboratory Services |
|
$ |
5,799,999 |
|
$ |
5,799,999 |
TOTAL GSF General Services Fund Group |
|
$ |
186,568,805 |
|
$ |
191,899,094 |
Federal Special Revenue Fund Group
3S1 |
501-615 |
|
Truth-In-Sentencing Grants |
|
$ |
8,709,142 |
|
$ |
8,709,142 |
323 |
501-619 |
|
Federal Grants |
|
$ |
12,198,353 |
|
$ |
12,198,353 |
3CJ |
501-621 |
|
Medicaid Inpatient Services |
|
$ |
11,600,000 |
|
$ |
15,500,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
32,507,495 |
|
$ |
36,407,495 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,758,732,007 |
|
$ |
1,814,942,951 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 501-406, Lease Rental
Payments, shall be used to meet all payments during the period from July 1, 2007, to June 30, 2009, under the primary leases and agreements for those
buildings made
under Chapter 152. of the Revised Code. These appropriations are the source of funds pledged for bond service charges or obligations issued pursuant to Chapter 152. of the Revised Code.
Money from the foregoing appropriation item 501-403,
Prisoner
Compensation, shall be transferred on a quarterly basis
by
intrastate transfer voucher to the Services and Agricultural Fund (Fund 148)
for the purposes of paying
prisoner compensation.
HIV/AIDS TESTING REENTRY PILOT PROGRAM
Of the foregoing appropriation item 505-321, Institution Medical Services, up to $250,000 in each fiscal year shall be used for the HIV/AIDS testing re-entry pilot program at the Mansfield Correctional Institution. Prior to a prisoner's release from custody at the Mansfield Correctional Institution under the control of the Department of Rehabilitation and Correction, the department shall examine and test a prisoner for HIV infection and any sexually transmitted disease. The department may examine and test involuntarily a prisoner who refuses to be tested.
Section 377.20. LIMA CORRECTIONAL INSTITUTION STUDY COMMITTEE
(A) There is hereby created the Lima Correctional Institution Study Committee, effective July 1, 2007. The Committee shall consist of the following nine members:
(1) The Director of Rehabilitation and Correction or the Director's designee;
(2) The eight members of the Correctional Institution Inspection Committee.
(B) The Director of Rehabilitation and Correction shall be the chairperson of the Lima Correctional Institution Study Committee.
(C) The Lima Correctional Institution Study Committee shall procure an independent feasibility study, performed by a consultant, through the Department of Rehabilitation and Correction. The study shall examine the highest and best use for the Lima Correctional Institution and shall examine, at a minimum, all of the following:
(1) State and local correctional needs and the utilization of state and local facilities to service those needs;
(2) The current condition and value of the Lima Correctional Institution;
(3) The cost to reopen the Lima Correctional Institution in part or in whole for a correctional purpose;
(4) Alternative uses for the Lima Correctional Institution;
(5) The funding options to utilize the Lima Correctional Institution;
(6) The economic impact of the Lima Correctional Institution on the Lima region and the potential non-prison economic development opportunities for a closed prison facility.
(D) The Lima Correctional Institution Study Committee and the consultant selected shall utilize the staff of the Department of Rehabilitation and Correction for research and other support functions as much as feasible.
(E) Of the foregoing appropriation item 501-321, Institutional Operations, $50,000 in fiscal year 2008 shall be used to fund the feasibility study.
(F) The Lima Correctional Institution Study Committee shall submit a report of the Committee's findings not later than April 1, 2008, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The Committee shall cease to exist after submitting the report.
Section 379.10. RSC REHABILITATION SERVICES COMMISSION
GRF |
415-100 |
|
Personal Services |
|
$ |
8,851,468 |
|
$ |
8,851,468 |
GRF |
415-402 |
|
Independent Living Council |
|
$ |
450,000 |
|
$ |
450,000 |
GRF |
415-406 |
|
Assistive Technology |
|
$ |
47,531 |
|
$ |
47,531 |
GRF |
415-431 |
|
Office for People with Brain Injury |
|
$ |
226,012 |
|
$ |
226,012 |
GRF |
415-506 |
|
Services for People with Disabilities |
|
$ |
16,959,541 |
|
$ |
17,259,541 |
GRF |
415-508 |
|
Services for the Deaf |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL GRF General Revenue Fund |
|
$ |
26,584,552 |
|
$ |
26,884,552 |
General Services Fund Group
4W5 |
415-606 |
|
Program Management Expenses |
|
$ |
18,123,188 |
|
$ |
18,557,040 |
467 |
415-609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,632,082 |
|
$ |
1,632,082 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
19,755,270 |
|
$ |
20,189,122 |
Federal Special Revenue Fund Group
3L1 |
415-601 |
|
Social Security Personal Care Assistance |
|
$ |
3,743,740 |
|
$ |
3,743,740 |
3L1 |
415-605 |
|
Social Security Community Centers for the Deaf |
|
$ |
750,000 |
|
$ |
750,000 |
3L1 |
415-608 |
|
Social Security Vocational Rehabilitation |
|
$ |
1,506,260 |
|
$ |
1,506,260 |
3L4 |
415-612 |
|
Federal Independent Living Centers or Services |
|
$ |
648,908 |
|
$ |
648,908 |
3L4 |
415-615 |
|
Federal - Supported Employment |
|
$ |
884,451 |
|
$ |
796,006 |
3L4 |
415-617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
1,490,944 |
|
$ |
1,490,944 |
317 |
415-620 |
|
Disability Determination |
|
$ |
82,808,006 |
|
$ |
87,546,215 |
379 |
415-616 |
|
Federal - Vocational Rehabilitation |
|
$ |
122,484,545 |
|
$ |
123,638,578 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
214,316,854 |
|
$ |
220,120,651 |
State Special Revenue Fund Group
4L1 |
415-619 |
|
Services for Rehabilitation |
|
$ |
3,765,337 |
|
$ |
4,500,000 |
468 |
415-618 |
|
Third Party Funding |
|
$ |
906,910 |
|
$ |
906,910 |
TOTAL SSR State Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
4,672,247 |
|
$ |
5,406,910 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
265,328,923 |
|
$ |
272,601,235 |
INDEPENDENT LIVING COUNCIL
The foregoing appropriation
item 415-402, Independent Living
Council, shall be
used to fund the
operations of the State
Independent Living
Council and shall be used to support state independent living centers and independent living services under Title VII of the Independent Living Services and Centers for Independent Living of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 U.S.C. 796d.
OFFICE FOR PEOPLE WITH BRAIN INJURY
Of the foregoing appropriation item 415-431, Office for
People with Brain
Injury, up to $50,000 in each fiscal year shall be
used for
the state match for a
federal grant awarded through the
Traumatic Brain Injury Act, Pub. L. No.
104-166, and up to $50,000 in
each fiscal year shall be provided
to the Brain Injury Trust Fund. The remaining
appropriation shall be used to plan and
coordinate
head-injury-related
services provided by state agencies and other
government or
private entities, to assess the needs for such
services, and to
set priorities in this area.
VOCATIONAL REHABILITATION SERVICES
The foregoing appropriation item 415-506, Services for People with Disabilities, shall be used as state matching funds to provide vocational rehabilitation services to eligible consumers.
PROGRAM MANAGEMENT EXPENSES
The foregoing appropriation item 415-606, Program Management
Expenses,
shall be used to support the administrative functions
of
the commission related to the provision of vocational
rehabilitation, disability determination services, and ancillary
programs.
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS
The foregoing appropriation item 415-617, Independent
Living/Vocational
Rehabilitation Programs, shall be used to
support vocational rehabilitation
programs.
SOCIAL SECURITY REIMBURSEMENT FUNDS
Reimbursement funds received from the Social Security
Administration, United States Department of Health and Human
Services, for
the costs of providing services and training to
return disability
recipients to gainful employment shall be used
in the Social
Security Reimbursement Fund (Fund 3L1),
to the extent funds are available, as follows:
(A) Appropriation item 415-601, Social Security Personal
Care Assistance, to provide personal care
services in accordance
with section 3304.41 of the Revised Code;
(B) Appropriation item 415-608, Social Security Vocational Rehabilitation,
to provide vocational rehabilitation services
to individuals with severe
disabilities who are Social Security
beneficiaries, to enable them to achieve competitive
employment. This appropriation item also
includes funds to assist the Personal Care
Assistance Program to
pay its
share of indirect costs as mandated by federal OMB Circular
A-87.
The Auditor of State shall complete a performance audit of the Rehabilitation Services Commission. Upon completing the performance audit, the Auditor of State shall submit a report of the findings of the audit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Board of Rehabilitation Services Commission. Expenses incurred by the Auditor of State to conduct the performance audit shall be reimbursed by the Rehabilitation Services Commission.
The Administrator of the Rehabilitation Services Commission shall consult with the Director of Budget and Management and representatives of local rehabilitation services agencies to conduct an internal review of policies and procedures to increase efficiency and identify and eliminate duplicative practices. Any savings identified as a result of the internal review or the performance audit conducted by the Auditor of State shall be used for community-based care.
The Administrator of the Rehabilitation Services Commission shall seek Controlling Board approval before expending any funds identified as a result of the internal review or the performance audit.
Section 381.10. RCB RESPIRATORY CARE BOARD
General Services Fund Group
4K9 |
872-609 |
|
Operating Expenses |
|
$ |
491,628 |
|
$ |
481,768 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
491,628 |
|
$ |
481,768 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
491,628 |
|
$ |
481,768 |
Section 383.10. RDF REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
085 |
800-900 |
|
Volunteer Firefighters' Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
TOTAL 085 Volunteer Firefighters' |
|
|
|
|
|
|
Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
Agency Fund Group |
|
|
|
|
|
|
062 |
110-962 |
|
Resort Area Excise Tax |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
063 |
110-963 |
|
Permissive Tax Distribution |
|
$ |
1,778,662,000 |
|
$ |
1,849,000,000 |
067 |
110-967 |
|
School District Income Tax |
|
$ |
325,000,000 |
|
$ |
350,000,000 |
4P8 |
001-698 |
|
Cash Management Improvement Fund |
|
$ |
3,050,000 |
|
$ |
3,100,000 |
608 |
001-699 |
|
Investment Earnings |
|
$ |
250,000,000 |
|
$ |
250,000,000 |
TOTAL AGY Agency Fund Group |
|
$ |
2,357,712,000 |
|
$ |
2,453,100,000 |
Holding Account Redistribution
R45 |
110-617 |
|
International Fuel Tax Distribution |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
TOTAL 090 Holding Account Redistribution Fund |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
Revenue Distribution Fund Group |
|
|
|
|
|
|
049 |
038-900 |
|
Indigent Drivers Alcohol Treatment |
|
$ |
1,797,000 |
|
$ |
1,832,000 |
050 |
762-900 |
|
International Registration Plan Distribution |
|
$ |
54,475,631 |
|
$ |
55,565,143 |
051 |
762-901 |
|
Auto Registration Distribution |
|
$ |
500,000,000 |
|
$ |
539,000,000 |
054 |
110-954 |
|
Local Government Property Tax Replacement - Utility |
|
$ |
93,250,000 |
|
$ |
95,125,000 |
060 |
110-960 |
|
Gasoline Excise Tax Fund |
|
$ |
375,000,000 |
|
$ |
375,000,000 |
064 |
110-964 |
|
Local Government Revenue Assistance |
|
$ |
42,400,000 |
|
$ |
0 |
065 |
110-965 |
|
Library/Local Government Support Fund |
|
$ |
460,000,000 |
|
$ |
464,500,000 |
066 |
800-900 |
|
Undivided Liquor Permits |
|
$ |
13,500,000 |
|
$ |
13,500,000 |
068 |
110-968 |
|
State and Local Government Highway Distribution |
|
$ |
240,250,000 |
|
$ |
242,500,000 |
069 |
110-969 |
|
Local Government Fund |
|
$ |
730,700,000 |
|
$ |
785,000,000 |
081 |
110-981 |
|
Local Government Property Tax Replacement-Business |
|
$ |
262,500,000 |
|
$ |
366,800,000 |
082 |
110-982 |
|
Horse Racing Tax |
|
$ |
125,000 |
|
$ |
130,000 |
083 |
700-900 |
|
Ohio Fairs Fund |
|
$ |
2,277,000 |
|
$ |
2,325,000 |
TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
Fund Group |
|
$ |
2,776,274,631 |
|
$ |
2,941,277,143 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,184,286,631 |
|
$ |
5,444,677,143 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section shall be used for
the
purpose of administering and distributing the designated
revenue
distribution funds according to the Revised Code. If it
is
determined that additional appropriations are necessary for this purpose, such
amounts are appropriated.
GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 081)
Notwithstanding any provision of law to the contrary, in fiscal year 2008 and fiscal year 2009, the Director of Budget and Management may transfer from the General Revenue Fund to the Local Government Property Tax Replacement – Business (Fund 081) in the Revenue Distribution Fund, those amounts necessary to reimburse local taxing units under section 5751.22 of the Revised Code. Also, in fiscal year 2008 and fiscal year 2009, the Director of Budget and Management may make temporary transfers from the General Revenue Fund to ensure sufficient balances in the Local Government Property Tax Replacement - Business Fund (Fund 081) and to replenish the General Revenue Fund for such transfers.
Section 385.10. SAN BOARD OF SANITARIAN REGISTRATION
General Services Fund Group
4K9 |
893-609 |
|
Operating Expenses |
|
$ |
138,551 |
|
$ |
138,551 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
138,551 |
|
$ |
138,551 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
138,551 |
|
$ |
138,551 |
Section 387.10. OSB OHIO STATE SCHOOL FOR THE BLIND
GRF |
226-100 |
|
Personal Services |
|
$ |
7,093,127 |
|
$ |
7,519,318 |
GRF |
226-200 |
|
Maintenance |
|
$ |
704,154 |
|
$ |
704,154 |
GRF |
226-300 |
|
Equipment |
|
$ |
113,288 |
|
$ |
113,288 |
TOTAL GRF General Revenue Fund |
|
$ |
7,910,569 |
|
$ |
8,336,760 |
General Services Fund Group
4H8 |
226-602 |
|
School Improvement Grants |
|
$ |
37,514 |
|
$ |
37,514 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
37,514 |
|
$ |
37,514 |
Federal Special Revenue Fund Group
3P5 |
226-643 |
|
Medicaid Services Reimbursement |
|
$ |
50,000 |
|
$ |
50,000 |
310 |
226-626 |
|
Multi-Handicapped Student Support |
|
$ |
2,527,105 |
|
$ |
2,527,105 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
2,577,105 |
|
$ |
2,577,105 |
State Special Revenue Fund Group
4M5 |
226-601 |
|
Work Study and Donations |
|
$ |
217,397 |
|
$ |
217,397 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
217,397 |
|
$ |
217,397 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,742,585 |
|
$ |
11,168,776 |
Section 389.10. OSD OHIO SCHOOL FOR THE DEAF
GRF |
221-100 |
|
Personal Services |
|
$ |
8,775,363 |
|
$ |
9,263,862 |
GRF |
221-200 |
|
Maintenance |
|
$ |
1,033,092 |
|
$ |
1,033,092 |
GRF |
221-300 |
|
Equipment |
|
$ |
222,500 |
|
$ |
222,500 |
TOTAL GRF General Revenue Fund |
|
$ |
10,030,955 |
|
$ |
10,519,454 |
General Services Fund Group
4M1 |
221-602 |
|
School Improvement Grants |
|
$ |
38,000 |
|
$ |
38,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
38,000 |
|
$ |
38,000 |
Federal Special Revenue Fund Group
3AD |
221-604 |
|
VREAL Ohio |
|
$ |
25,000 |
|
$ |
25,000 |
3R0 |
221-684 |
|
Medicaid Services |
|
$ |
34,999 |
|
$ |
34,999 |
|
|
|
Reimbursement |
|
|
|
|
|
|
3Y1 |
221-686 |
|
Federal Early Childhood Grant |
|
$ |
250,000 |
|
$ |
250,000 |
311 |
221-625 |
|
Statewide Outreach |
|
$ |
2,470,135 |
|
$ |
2,470,135 |
TOTAL FED Federal Special |
|
|
|
|
|
|
Revenue Fund Group |
|
$ |
2,780,134 |
|
$ |
2,780,134 |
State Special Revenue Fund Group
4M0 |
221-601 |
|
Work Study and Donations |
|
$ |
95,000 |
|
$ |
95,000 |
5H6 |
221-609 |
|
Preschool Program Support |
|
$ |
127,832 |
|
$ |
125,358 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
222,832 |
|
$ |
220,358 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,071,921 |
|
$ |
13,557,946 |
Section 391.10. SFC SCHOOL FACILITIES COMMISSION
GRF |
230-428 |
|
Lease Rental Payments |
|
$ |
22,702,000 |
|
$ |
0 |
GRF |
230-908 |
|
Common Schools General Obligation Debt Service |
|
$ |
284,768,400 |
|
$ |
339,648,300 |
TOTAL GRF General Revenue Fund |
|
$ |
307,470,400 |
|
$ |
339,648,300 |
State Special Revenue Fund Group
5E3 |
230-644 |
|
Operating Expenses |
|
$ |
7,749,813 |
|
$ |
7,786,197 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
7,749,813 |
|
$ |
7,786,197 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
315,220,213 |
|
$ |
347,434,497 |
Section 391.20. LEASE RENTAL PAYMENTS
The foregoing appropriation item 230-428, Lease Rental
Payments, shall be used to meet all payments at the times they are required to be made during the period from July 1, 2007, to June
30, 2009, by the Ohio School Facilities Commission under leases
and agreements made under section 3318.26 of the Revised Code.
COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 230-908, Common Schools
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required to be made for obligations issued during the period from July 1, 2007, through June 30, 2009, under sections 151.01 and 151.03 of the Revised Code.
The foregoing appropriation item 230-644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities under this section and Chapter
3318. of the Revised Code.
In both fiscal years 2008 and 2009, the Executive Director of the Ohio
School Facilities
Commission shall certify on a quarterly basis to the Director of
Budget and Management the amount
of cash from interest earnings to be transferred from
the School Building Assistance Fund (Fund 032), the Public
School Building Fund (Fund 021), and the Educational Facilities Trust Fund (Fund N87) to the Ohio School Facilities
Commission Fund (Fund 5E3). The amount transferred from the School Building Assistance Fund (Fund 032) may not exceed investment earnings credited to the fund, less any amount required to be paid for federal arbitrage rebate purposes.
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year of receiving Controlling Board approval under section 3318.05 of the Revised Code. The
Executive Director of the Ohio School Facilities Commission shall
certify the amounts of the canceled encumbrances to the Director
of Budget and Management on a quarterly basis. The amounts of the
canceled encumbrances are hereby appropriated.
Section 391.30. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL
FACILITIES
Notwithstanding any other provision of law to the contrary,
the Ohio School Facilities Commission
may provide assistance
under the
Exceptional Needs School Facilities Program established in section 3318.37 of the Revised Code
to any school district, and not
exclusively to a school district in
the lowest seventy-five per cent of
adjusted valuation per pupil on the
current ranking of
school districts established under section 3317.02 of the
Revised Code, for the purpose of the
relocation or replacement of
school facilities required as a
result of extreme environmental
contamination.
The Ohio School Facilities Commission shall contract with an
independent
environmental consultant to conduct a study and to
report to the commission
as to the seriousness of the
environmental contamination, whether the
contamination violates
applicable state and federal standards, and whether
the facilities
are no longer suitable for use as school facilities. The
commission then shall make a determination regarding funding for
the
relocation or replacement of the school facilities. If the
federal
government or other public or private entity provides
funds for restitution
of costs incurred by the state or school
district in the relocation or
replacement of the school
facilities, the school district
shall
use such funds
in excess of
the school district's share to refund the state for
the state's
contribution to the environmental contamination
portion of the
project. The school district may apply an amount
of such
restitution funds up to an amount equal to the
school district's
portion of the project, as defined by the commission, toward
paying its
portion of that project to reduce the amount of
bonds
the school district otherwise must issue to receive
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
Section 391.40. CANTON CITY SCHOOL DISTRICT PROJECT
(A) The Ohio School Facilities Commission
may
commit up to
thirty-five million dollars to the Canton City
School
District for
construction
of a facility described in this
section,
in lieu of a high school that would
otherwise be
authorized under
Chapter 3318. of the Revised Code. The
Commission shall not
commit funds under this section unless all of
the
following
conditions are met:
(1) The District has entered into a cooperative agreement
with a
state-assisted technical college.
(2) The District has received an irrevocable commitment of
additional funding
from nonpublic sources.
(3) The facility is intended to serve both secondary and
postsecondary
instructional purposes.
(B) The Commission shall enter into an agreement with the
District for the
construction of the facility authorized under
this section that is separate
from and in addition to the
agreement required for the District's
participation in the
Classroom Facilities Assistance Program under section
3318.08 of
the Revised
Code. Notwithstanding that section and sections
3318.03, 3318.04, and
3318.083
of the Revised Code, the additional
agreement shall provide, but not be limited
to, the following:
(1) The Commission shall not have any oversight
responsibilities over the
construction of the facility.
(2) The facility need not comply with the specifications for
plans and
materials for high schools adopted by the Commission.
(3) The Commission may decrease the basic project cost that
would otherwise
be
calculated for a high school under Chapter
3318. of the Revised Code.
(4) The state shall not share in any increases in the basic
project cost for
the facility above the amount authorized under
this section.
All other provisions of Chapter 3318. of the Revised Code
apply to the
approval
and construction of a facility authorized
under this section.
The state funds committed to the facility authorized by this
section shall be
part of the total amount the state commits to the
Canton City School District
under Chapter 3318. of the Revised
Code. All additional state funds committed
to the Canton City
School District for classroom facilities assistance shall
be
subject to all provisions of Chapter 3318. of the Revised Code.
Section 391.50. CAREER-TECHNICAL LOAN PROGRAM
Within thirty days after the effective date of this section, or as soon as possible thereafter, the Executive Director of the Ohio School Facilities Commission shall certify the cash balance in the Career-Technical School Building Assistance Fund (Fund 020) to the Director of Budget and Management, who shall transfer that amount to the Public School Building Fund (Fund 021) and abolish the Career-Technical School Building Assistance Fund (Fund 020).
All repayments of current loans approved under section 3318.48 of the Revised Code, which is repealed by this act, shall be deposited to the credit of the Public School Building Fund (Fund 021). Should a district fail to submit the annual installment of the loan repayment within sixty days after the due date, the Department of Education, upon the request of the Executive Director of the Ohio School Facilities Commission, shall deduct the amount of the installment from payments due to a district under Chapter 3317. of the Revised Code or from any other funds appropriated to the district by the General Assembly, and shall transfer that amount to the Commission to the credit of the Public School Building Fund (Fund 021).
Section 393.10. SOS SECRETARY OF STATE
GRF |
050-321 |
|
Operating Expenses |
|
$ |
2,585,000 |
|
$ |
2,585,000 |
GRF |
050-403 |
|
Election Statistics |
|
$ |
103,936 |
|
$ |
103,936 |
GRF |
050-407 |
|
Pollworkers Training |
|
$ |
277,997 |
|
$ |
277,997 |
GRF |
050-409 |
|
Litigation Expenditures |
|
$ |
4,652 |
|
$ |
4,652 |
TOTAL GRF General Revenue Fund |
|
$ |
2,971,585 |
|
$ |
2,971,585 |
General Services Fund Group
4S8 |
050-610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
412 |
050-609 |
|
Notary Commission |
|
$ |
685,249 |
|
$ |
685,249 |
413 |
050-601 |
|
Information Systems |
|
$ |
119,955 |
|
$ |
119,955 |
414 |
050-602 |
|
Citizen Education Fund |
|
$ |
55,712 |
|
$ |
55,712 |
TOTAL General Services Fund Group |
|
$ |
868,116 |
|
$ |
868,116 |
Federal Special Revenue Fund Group
3AH |
050-614 |
|
Election Reform/Health and Human Services |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
3AS |
050-616 |
|
2005 HAVA Voting Machines |
|
$ |
4,750,000 |
|
$ |
2,750,000 |
3X4 |
050-612 |
|
Ohio Center/Law Related Educational Grant |
|
$ |
41,000 |
|
$ |
41,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,791,000 |
|
$ |
3,791,000 |
State Special Revenue Fund Group
5N9 |
050-607 |
|
Technology Improvements |
|
$ |
129,565 |
|
$ |
129,565 |
599 |
050-603 |
|
Business Services Operating Expenses |
|
$ |
13,761,734 |
|
$ |
13,761,734 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
13,891,299 |
|
$ |
13,891,299 |
Holding Account Redistribution Fund Group
R01 |
050-605 |
|
Uniform Commercial Code Refunds |
|
$ |
30,000 |
|
$ |
30,000 |
R02 |
050-606 |
|
Corporate/Business Filing Refunds |
|
$ |
85,000 |
|
$ |
85,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
115,000 |
|
$ |
115,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
23,637,000 |
|
$ |
23,637,000 |
BOARD OF VOTING MACHINE EXAMINERS
The foregoing appropriation item 050-610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting the equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are appropriated.
2005 HAVA VOTING MACHINES
Of the foregoing appropriation item 050-616, 2005 HAVA Voting Machines, in fiscal year 2008 $15,000 shall be distributed to the Vinton County Board of Elections and $15,000 shall be distributed to the Morgan County Board of Elections to be used for emergency assistance for elections.
On July 1, 2008, or as soon as possible thereafter, the Director of Budget and Management shall transfer any remaining unexpended, unencumbered appropriations in Fund 3AS, appropriation item 050-616, 2005 HAVA Voting Machines, for use in fiscal year 2009. The transferred amount is hereby appropriated.
On July 1, 2008, or as soon as possible thereafter, the Director of Budget and Management shall transfer any remaining unexpended, unencumbered appropriations in Fund 3AH, appropriation item 050-614, Election Reform/Health and Human Services Fund, for use in fiscal year 2009. The transferred amount is hereby appropriated.
Ongoing interest earnings from the federal Election Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA Voting Machines Fund (Fund 3AS) shall be credited to the respective funds and distributed in accordance with the terms of the grant under which the money is received.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 050-605 and 050-606,
Holding
Account Redistribution Fund Group, shall be used to hold
revenues
until they are directed to the appropriate accounts or
until they
are refunded. If it is determined that additional
appropriations
are necessary, such amounts are
appropriated.
Section 395.10. SEN THE OHIO SENATE
GRF |
020-321 |
|
Operating Expenses |
|
$ |
11,778,439 |
|
$ |
11,778,439 |
TOTAL GRF General Revenue Fund |
|
$ |
11,778,439 |
|
$ |
11,778,439 |
General Services Fund Group
102 |
020-602 |
|
Senate Reimbursement |
|
$ |
448,465 |
|
$ |
448,465 |
409 |
020-601 |
|
Miscellaneous Sales |
|
$ |
34,497 |
|
$ |
34,497 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
482,962 |
|
$ |
482,962 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,261,401 |
|
$ |
12,261,401 |
On July 1, 2007, or as soon as possible thereafter, the Clerk of the Senate shall certify to the Director of Budget and Management the total fiscal year 2007 unencumbered appropriations in appropriation item 020-321, Operating Expenses. The Clerk may direct the Director of Budget and Management to transfer an amount not to exceed the total fiscal year 2007 unencumbered appropriations to fiscal year 2008 for use within appropriation item 020-321, Operating Expenses. Additional appropriation authority equal to the amount certified by the Clerk is hereby appropriated to appropriation item 020-321, Operating Expenses, in fiscal year 2008.
On July 1, 2008, or as soon as possible thereafter, the Clerk of the Senate shall certify to the Director of Budget and Management the total fiscal year 2008 unencumbered appropriations in appropriation item 020-321, Operating Expenses. The Clerk may direct the Director of Budget and Management to transfer an amount not to exceed the total fiscal year 2008 unencumbered appropriations to fiscal year 2009 for use within appropriation item 020-321, Operating Expenses. Additional appropriation authority equal to the amount certified by the Clerk is hereby appropriated to appropriation item 020-321, Operating Expenses, in fiscal year 2009.
Section 397.10. CSF COMMISSIONERS OF THE SINKING FUND
070 |
155-905 |
|
Third Frontier Research & Development Bond Retirement Fund |
|
$ |
14,349,500 |
|
$ |
25,023,400 |
072 |
155-902 |
|
Highway Capital Improvement Bond Retirement Fund |
|
$ |
202,694,900 |
|
$ |
205,139,500 |
073 |
155-903 |
|
Natural Resources Bond Retirement Fund |
|
$ |
24,713,800 |
|
$ |
25,723,000 |
074 |
155-904 |
|
Conservation Projects Bond Service Fund |
|
$ |
14,847,200 |
|
$ |
19,779,200 |
076 |
155-906 |
|
Coal Research and Development Bond Retirement Fund |
|
$ |
7,232,400 |
|
$ |
8,192,500 |
077 |
155-907 |
|
State Capital Improvement Bond
Retirement Fund |
|
$ |
178,713,600 |
|
$ |
189,296,300 |
078 |
155-908 |
|
Common Schools Bond Retirement Fund |
|
$ |
292,268,400 |
|
$ |
342,148,300 |
079 |
155-909 |
|
Higher Education
Bond Retirement Fund |
|
$ |
175,972,400 |
|
$ |
210,372,200 |
090 |
155-912 |
|
Job Ready Site Development Bond Retirement Fund |
|
$ |
4,359,400 |
|
$ |
8,232,500 |
TOTAL DSF Debt Service Fund Group |
|
$ |
915,151,600 |
|
$ |
1,033,906,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
915,151,600 |
|
$ |
1,033,906,900 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are for the purpose of
paying debt service and financing costs on bonds or notes of the
state issued under the Ohio
Constitution and acts of the
General Assembly. If it is
determined that additional
appropriations are necessary for this purpose, such
amounts are hereby appropriated.
Section 399.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION
GRF |
945-321 |
|
Operating Expenses |
|
$ |
0 |
|
$ |
475,220 |
GRF |
945-501 |
|
Southern Ohio Agricultural and Community Development Foundation |
|
$ |
0 |
|
$ |
7,513,251 |
TOTAL GRF General Revenue Fund |
|
$ |
0 |
|
$ |
7,988,471 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
7,988,471 |
SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION
The foregoing appropriation item 945-321, Operating Expenses, shall be used for the operating expenses of the Southern Ohio Agricultural and Community Development Foundation in administering programs under section 183.15 of the Revised Code.
The foregoing appropriation item 945-501, Southern Ohio Agricultural and Community Development Foundation, shall be used by the Southern Ohio Agricultural and Community Development Foundation for programs administered under section 183.15 of the Revised Code.
Section 401.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY
& AUDIOLOGY
General Services Fund Group
4K9 |
886-609 |
|
Operating Expenses |
|
$ |
430,600 |
|
$ |
453,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
430,600 |
|
$ |
453,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
430,600 |
|
$ |
453,000 |
Section 403.10. BTA BOARD OF TAX APPEALS
GRF |
116-321 |
|
Operating Expenses |
|
$ |
2,247,476 |
|
$ |
2,281,188 |
TOTAL GRF General Revenue Fund |
|
$ |
2,247,476 |
|
$ |
2,281,188 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,247,476 |
|
$ |
2,281,188 |
Section 405.10. TAX DEPARTMENT OF TAXATION
GRF |
110-321 |
|
Operating Expenses |
|
$ |
92,040,062 |
|
$ |
92,440,062 |
GRF |
110-404 |
|
Tobacco Settlement Enforcement |
|
$ |
0 |
|
$ |
328,034 |
GRF |
110-412 |
|
Child Support Administration |
|
$ |
71,680 |
|
$ |
71,680 |
GRF |
110-901 |
|
Property Tax Allocation - Taxation |
|
$ |
446,953,165 |
|
$ |
478,613,618 |
GRF |
110-906 |
|
Tangible Tax
Exemption - Taxation |
|
$ |
9,177,962 |
|
$ |
4,588,981 |
TOTAL GRF General Revenue Fund |
|
$ |
548,242,869 |
|
$ |
576,042,375 |
General Services Fund Group
433 |
110-602 |
|
Tape File Account |
|
$ |
125,000 |
|
$ |
140,000 |
5BQ |
110-629 |
|
Commercial Activity Tax Administration |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
5W4 |
110-625 |
|
Centralized Tax Filing and Payment |
|
$ |
400,000 |
|
$ |
200,000 |
5W7 |
110-627 |
|
Exempt Facility Administration |
|
$ |
100,000 |
|
$ |
150,000 |
5CZ |
110-631 |
|
Vendor's License Application |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
7,625,000 |
|
$ |
7,490,000 |
State Special Revenue Fund Group
4C6 |
110-616 |
|
International Registration Plan |
|
$ |
706,855 |
|
$ |
706,855 |
4R6 |
110-610 |
|
Tire Tax Administration |
|
$ |
125,000 |
|
$ |
150,000 |
435 |
110-607 |
|
Local Tax Administration |
|
$ |
17,250,000 |
|
$ |
17,250,000 |
436 |
110-608 |
|
Motor Vehicle Audit |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
437 |
110-606 |
|
Litter Tax and Natural Resource Tax Administration |
|
$ |
675,000 |
|
$ |
800,000 |
438 |
110-609 |
|
School District Income Tax |
|
$ |
3,600,000 |
|
$ |
3,600,000 |
5N5 |
110-605 |
|
Municipal Income Tax Administration |
|
$ |
500,000 |
|
$ |
500,000 |
5N6 |
110-618 |
|
Kilowatt Hour Tax Administration |
|
$ |
125,000 |
|
$ |
175,000 |
5V7 |
110-622 |
|
Motor Fuel Tax Administration |
|
$ |
4,700,000 |
|
$ |
5,000,000 |
5V8 |
110-623 |
|
Property Tax Administration |
|
$ |
13,500,000 |
|
$ |
13,500,000 |
639 |
110-614 |
|
Cigarette Tax Enforcement |
|
$ |
100,000 |
|
$ |
100,000 |
642 |
110-613 |
|
Ohio Political Party Distributions |
|
$ |
600,000 |
|
$ |
600,000 |
688 |
110-615 |
|
Local Excise Tax Administration |
|
$ |
210,000 |
|
$ |
180,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
43,291,855 |
|
$ |
43,761,855 |
095 |
110-995 |
|
Municipal Income Tax |
|
$ |
21,000,000 |
|
$ |
21,000,000 |
425 |
110-635 |
|
Tax Refunds |
|
$ |
1,565,900,000 |
|
$ |
1,546,800,000 |
TOTAL AGY Agency Fund Group |
|
$ |
1,586,900,000 |
|
$ |
1,567,800,000 |
Holding Account Redistribution Fund Group
R10 |
110-611 |
|
Tax Distributions |
|
$ |
50,000 |
|
$ |
50,000 |
R11 |
110-612 |
|
Miscellaneous Income Tax Receipts |
|
$ |
50,000 |
|
$ |
50,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,186,159,724 |
|
$ |
2,195,194,230 |
HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK,
AND TANGIBLE TAX
EXEMPTION
The foregoing appropriation item 110-901, Property Tax
Allocation -
Taxation, is hereby appropriated to
pay for the state's
costs
incurred because of the Homestead Exemption, the Manufactured
Home Property Tax Rollback, and the Property Tax Rollback. The
Tax Commissioner shall
distribute these funds directly to the
appropriate
local taxing
districts, except for school
districts,
notwithstanding the provisions in sections 321.24 and
323.156 of
the Revised
Code, which provide for payment of the
Homestead
Exemption, the Manufactured Home Property Tax Rollback,
and Property Tax
Rollback by the Tax Commissioner to the
appropriate county treasurer and the
subsequent redistribution of
these funds to the appropriate local taxing
districts by the
county auditor.
The foregoing appropriation item 110-906, Tangible Tax
Exemption -
Taxation, is hereby appropriated to
pay for the state's costs
incurred
because of the tangible personal
property tax exemption
required by division
(C)(3) of section
5709.01 of the Revised
Code. The Tax Commissioner shall
distribute to each county
treasurer the total amount appearing in the notification from
the county
treasurer
under division (G) of section 321.24 of the Revised
Code for all local
taxing
districts located in the county except
for school
districts, notwithstanding
the provision in section
321.24 of the
Revised Code which provides for
payment of the
$10,000 tangible
personal property tax exemption by the Tax
Commissioner to the
appropriate county treasurer for all local
taxing
districts
located in the county including school districts.
The county
auditor shall
distribute the amount paid by the Tax
Commissioner
among the appropriate local
taxing districts except
for school
districts under division (G) of section 321.24 of the Revised Code.
Upon receipt of these amounts, each local taxing district
shall distribute the
amount among the proper funds as if it had
been paid as real or tangible
personal property taxes. Payments
for the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation items 110-901, Property Tax
Allocation - Taxation, for the
Homestead Exemption, the
Manufactured Home Property Tax Rollback, and the
Property Tax
Rollback payments, and 110-906,
Tangible Tax
Exemption
- Taxation,
for the
$10,000 tangible personal property tax
exemption payments,
which
are determined to be necessary for these
purposes,
are
hereby appropriated.
The foregoing appropriation item 110-995, Municipal Income Tax, shall be used to make payments to municipal corporations under section 5745.05 of the Revised Code. If it is determined that additional appropriations are necessary to make these payments, such amounts are hereby appropriated.
The foregoing appropriation item 110-635, Tax Refunds,
shall
be used to pay refunds under section 5703.052 of the
Revised Code. If it is
determined that additional appropriations
are necessary for this purpose, such amounts are hereby appropriated.
INTERNATIONAL REGISTRATION PLAN AUDIT
The foregoing appropriation item 110-616, International
Registration Plan, shall be used under section 5703.12 of
the Revised
Code for audits
of persons with vehicles registered
under the International Registration Plan.
TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT
Of the foregoing appropriation item 110-607, Local Tax Administration, the Tax Commissioner may disburse funds, if available, for the purposes of paying travel expenses incurred by members of Ohio's delegation to the Streamlined Sales Tax Project, as appointed under section 5740.02 of the Revised Code. Any travel expense reimbursement paid for by the Department of Taxation shall be done in accordance with applicable state laws and guidelines.
LITTER CONTROL TAX ADMINISTRATION FUND
Notwithstanding section 5733.12 of the Revised Code, during
the period from
July 1, 2007, to June 30, 2008, the amount of
$675,000, and during the
period from July 1, 2008, to June 30,
2009, the amount of $800,000, received
by the Tax Commissioner
under Chapter 5733. of the Revised Code, shall be
credited to the
Litter Control Tax Administration Fund (Fund 437).
CENTRALIZED TAX FILING AND PAYMENT FUND
The Director of Budget and Management, under a plan submitted by the Tax Commissioner, or as otherwise determined by the Director of Budget and Management, shall set a schedule to transfer cash from the General Revenue Fund to the credit of the Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers of cash shall not exceed $600,000 in the biennium.
COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND
The foregoing appropriation item 110-629, Commercial Activity Tax Administration Fund (Fund 5BQ), shall be used to pay expenses incurred by the Department of Taxation to implement and administer the Commercial Activity Tax under Chapter 5751. of the Revised Code.
Notwithstanding section 3734.9010, division (B)(2)(c) of section 4505.09, division (B) of section 5703.12, section 5703.80, division (C)(6) of section 5727.81, sections 5733.122 and 5735.053, division (C) of section 5739.21, section 5745.03, section 5743.024, section 5743.15, division (C) of section 5747.03, and section 5747.113 of the Revised Code or any other provisions to the contrary, any residual cash balances determined and certified by the Tax Commissioner to the Director of Budget and Management shall be transferred on July 1, 2007, or as soon as possible thereafter, to the Commercial Activities Tax Administration Fund (Fund 5BQ).
TOBACCO SETTLEMENT ENFORCEMENT
The foregoing appropriation item 110-404, Tobacco Settlement Enforcement, shall be used by the Tax Commissioner to pay costs incurred in the enforcement of divisions (F) and (G) of section 5743.03 of the Revised Code.
Section 407.10. DOT DEPARTMENT OF TRANSPORTATION
Transportation Modes
GRF |
775-451 |
|
Public Transportation - State |
|
$ |
16,700,000 |
|
$ |
17,000,000 |
GRF |
776-465 |
|
Ohio Rail Development Commission |
|
$ |
3,700,000 |
|
$ |
3,700,000 |
GRF |
776-466 |
|
Railroad Crossing/Grade Separation |
|
$ |
789,600 |
|
$ |
789,600 |
GRF |
777-471 |
|
Airport Improvements - State |
|
$ |
3,293,985 |
|
$ |
1,794,003 |
TOTAL GRF General Revenue Fund |
|
$ |
24,483,585 |
|
$ |
23,283,603 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,483,585 |
|
$ |
23,283,603 |
PUBLIC TRANSPORTATION - STATE
Of the foregoing GRF appropriation item 775-451, Public Transportation - State, $200,000 in fiscal year 2008 shall be used for the Cleveland Metropolitan Park District West Creek Project.
Of the foregoing appropriation item 775-451, Public Transportation-State, $50,000 in fiscal year 2008 shall be used for a Franklin County school transportation study to determine the feasibility of a countywide pupil transportation system.
Of the foregoing appropriation item 777-471, Airport Improvements - State, $1,500,000 in fiscal year 2008 shall be used for air travel and support and economic development of statewide airports. The Directors of Development and Transportation may enter into one or more interagency agreements between their two departments as necessary to implement a statewide strategy to enhance Ohio's airports as centers of regional economic development.
Section 409.10. TOS TREASURER OF STATE
GRF |
090-321 |
|
Operating Expenses |
|
$ |
9,313,195 |
|
$ |
9,313,195 |
GRF |
090-401 |
|
Office of the Sinking
|
|
$ |
537,223 |
|
$ |
537,223 |
|
|
|
Fund |
|
|
|
|
|
|
GRF |
090-402 |
|
Continuing Education |
|
$ |
448,843 |
|
$ |
448,843 |
GRF |
090-524 |
|
Police and Fire
|
|
$ |
14,000 |
|
$ |
12,000 |
|
|
|
Disability Pension Fund |
|
|
|
|
|
|
GRF |
090-534 |
|
Police
& Fire Ad Hoc Cost
|
|
$ |
140,000 |
|
$ |
130,000 |
|
|
|
of Living |
|
|
|
|
|
|
GRF |
090-554 |
|
Police and Fire Survivor
|
|
$ |
910,000 |
|
$ |
865,000 |
|
|
|
Benefits |
|
|
|
|
|
|
GRF |
090-575 |
|
Police and Fire Death
|
|
$ |
20,000,000 |
|
$ |
20,000,000 |
|
|
|
Benefits |
|
|
|
|
|
|
TOTAL GRF General Revenue Fund |
|
$ |
31,363,261 |
|
$ |
31,306,261 |
General Services Fund Group
4E9 |
090-603 |
|
Securities Lending Income
|
|
$ |
3,164,000 |
|
$ |
3,314,000 |
577 |
090-605 |
|
Investment Pool
|
|
$ |
550,000 |
|
$ |
550,000 |
|
|
|
Reimbursement |
|
|
|
|
|
|
605 |
090-609 |
|
Treasurer of State
|
|
$ |
350,000 |
|
$ |
350,000 |
|
|
|
Administrative Fund |
|
|
|
|
|
|
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
4,064,000 |
|
$ |
4,214,000 |
State Special Revenue Fund Group
5C5 |
090-602 |
|
County Treasurer Education |
|
$ |
135,000 |
|
$ |
135,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
135,000 |
|
$ |
135,000 |
425 |
090-635 |
|
Tax Refunds |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
TOTAL Agency Fund Group |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
66,562,261 |
|
$ |
66,655,261 |
Section 409.10.10. OFFICE OF THE SINKING FUND
The foregoing appropriation item 090-401, Office of
the
Sinking Fund, shall be used for financing and other costs incurred
by or
on behalf of the Commissioners of the Sinking Fund, the Ohio
Public Facilities Commission or its secretary, or the Treasurer of
State, with
respect to
State of Ohio
general obligation bonds or
notes, including, but not limited to,
printing, advertising,
delivery, rating fees and the procurement
of ratings, professional
publications, membership in professional organizations, and
services referred to in division (D) of
section 151.01 of the
Revised
Code. The General
Revenue Fund
shall be
reimbursed for
such costs by intrastate
transfer voucher
pursuant to a
certification by the Office of the
Sinking Fund of
the
actual
amounts used. The amounts necessary to
make such
reimbursements
are appropriated from the general
obligation bond
retirement
funds
created by the Constitution and
laws to the
extent such costs are
incurred.
POLICE AND FIRE DEATH BENEFIT FUND
The foregoing appropriation item 090-575, Police and Fire
Death Benefits, shall be disbursed quarterly by the Treasurer of
State at the beginning of each quarter of each fiscal year to the Board
of
Trustees of the Ohio Police and Fire Pension
Fund. The Treasurer of State shall certify such amounts quarterly to the Director of Budget and Management. By the
twentieth day of June of each fiscal year, the Board of
Trustees of the
Ohio Police and Fire Pension Fund
shall certify to
the Treasurer
of State the
amount disbursed in
the current
fiscal year to
make
the payments
required by section
742.63 of the
Revised Code
and
shall return to
the Treasurer of
State moneys
received from
this appropriation
item but not
disbursed.
The foregoing appropriation item 090-635, Tax Refunds, shall be used to pay refunds under section 5703.052 of the Revised Code. If the Director of Budget and Management determines that additional amounts are necessary for this purpose, such amounts are hereby appropriated.
Section 411.10. TTA OHIO TUITION TRUST AUTHORITY
State Special Revenue Fund Group
5AM |
095-603 |
|
Index Savings Plan |
|
$ |
2,376,852 |
|
$ |
2,425,777 |
5DC |
095-604 |
|
Banking Products |
|
$ |
1,631,283 |
|
$ |
1,648,123 |
5P3 |
095-602 |
|
Variable College Savings Fund |
|
$ |
2,031,354 |
|
$ |
2,063,596 |
645 |
095-601 |
|
Operating Expenses |
|
$ |
872,086 |
|
$ |
881,169 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
6,911,575 |
|
$ |
7,018,665 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,911,575 |
|
$ |
7,018,665 |
Section 413.10. OVH OHIO VETERANS' HOME
GRF |
430-100 |
|
Personal Services |
|
$ |
23,085,261 |
|
$ |
24,403,903 |
GRF |
430-200 |
|
Maintenance |
|
$ |
7,835,544 |
|
$ |
8,458,613 |
GRF |
430-402 |
|
Hall of Fame |
|
$ |
125,000 |
|
$ |
125,000 |
TOTAL GRF General Revenue Fund |
|
$ |
31,045,805 |
|
$ |
32,987,516 |
General Services Fund Group
484 |
430-603 |
|
Veterans Home Services |
|
$ |
375,880 |
|
$ |
375,880 |
TOTAL GSF General Services Fund Group |
|
$ |
375,880 |
|
$ |
375,880 |
Federal Special Revenue Fund Group
3BX |
430-609 |
|
Medicare Services |
|
$ |
1,446,807 |
|
|
1,446,807 |
3L2 |
430-601 |
|
Veterans Home Operations - Federal |
|
$ |
15,290,320 |
|
$ |
15,410,471 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
16,737,127 |
|
$ |
16,857,278 |
State Special Revenue Fund Group
4E2 |
430-602 |
|
Veterans Home Operating |
|
$ |
8,530,800 |
|
$ |
8,530,800 |
604 |
430-604 |
|
Veterans Home Improvement |
|
$ |
770,096 |
|
$ |
770,096 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
9,300,896 |
|
$ |
9,300,896 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
57,459,708 |
|
$ |
59,521,570 |
Of the foregoing appropriation item 430-100, Personal Services, $100,000 in each fiscal year shall be distributed to Cornerstone of Hope to be used to provide professional counseling services for individuals who have recently lost family members who were service men and service women in the United States Armed Forces.
Section 415.10. VET VETERANS' ORGANIZATIONS
VAP AMERICAN EX-PRISONERS OF WAR
GRF |
743-501 |
|
State Support |
|
$ |
27,533 |
|
$ |
27,533 |
VAN ARMY AND NAVY UNION, USA, INC.
GRF |
746-501 |
|
State Support |
|
$ |
60,513 |
|
$ |
60,513 |
VKW KOREAN WAR VETERANS
GRF |
747-501 |
|
State Support |
|
$ |
54,398 |
|
$ |
54,398 |
VJW JEWISH WAR VETERANS
GRF |
748-501 |
|
State Support |
|
$ |
32,687 |
|
$ |
32,687 |
VCW CATHOLIC WAR VETERANS
GRF |
749-501 |
|
State Support |
|
$ |
63,789 |
|
$ |
63,789 |
VPH MILITARY ORDER OF THE PURPLE HEART
GRF |
750-501 |
|
State Support |
|
$ |
62,015 |
|
$ |
62,015 |
VVV VIETNAM VETERANS OF AMERICA
GRF |
751-501 |
|
State Support |
|
$ |
204,549 |
|
$ |
204,549 |
VAL AMERICAN LEGION OF OHIO
GRF |
752-501 |
|
State Support |
|
$ |
332,561 |
|
$ |
332,561 |
VII AMVETS
GRF |
753-501 |
|
State Support |
|
$ |
316,711 |
|
$ |
316,711 |
VAV DISABLED AMERICAN VETERANS
GRF |
754-501 |
|
State Support |
|
$ |
237,939 |
|
$ |
237,939 |
VMC MARINE CORPS LEAGUE
GRF |
756-501 |
|
State Support |
|
$ |
127,569 |
|
$ |
127,569 |
V37 37TH DIVISION AEF VETERANS' ASSOCIATION
GRF |
757-501 |
|
State Support |
|
$ |
6,541 |
|
$ |
6,541 |
VFW VETERANS OF FOREIGN WARS
GRF |
758-501 |
|
State Support |
|
$ |
271,277 |
|
$ |
271,277 |
TOTAL GRF General Revenue Fund |
|
$ |
1,798,082 |
|
$ |
1,798,082 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,798,082 |
|
$ |
1,798,082 |
The foregoing appropriation items 743-501, 746-501, 747-501,
748-501, 749-501,
750-501, 751-501, 752-501, 753-501, 754-501,
756-501,
757-501, and 758-501, State Support,
shall be released
upon approval by the Director of Budget and
Management.
CENTRAL OHIO UNITED SERVICES ORGANIZATION
Of the foregoing appropriation item 751-501, State Support,
Vietnam Veterans
of America,
$50,000 in each fiscal year shall be
used to support the activities of the
Central Ohio USO.
VAL AMERICAN LEGION OF OHIO
Of the foregoing appropriation item 752-501, State Support, VAL American Legion, at least $50,000 in each fiscal year shall be used to fund service officer expenses.
VETERANS SERVICE COMMISSION EDUCATION
Of the foregoing appropriation item 753-501, State Support,
AMVETS, up to
$20,000 in each
fiscal year may be used to provide moneys to
the
Association of
County Veterans Service Commissioners to
reimburse
its member
county veterans service commissions for costs
incurred
in carrying
out educational and outreach duties required
under
divisions (E)
and (F) of section 5901.03 of the Revised
Code. The Director of Budget and Management shall release these funds upon
the
presentation of an itemized receipt, approved by the Governor's Office of Veterans Affairs, from the association for reasonable and
appropriate
expenses
incurred while performing these duties. The
association shall
establish
uniform procedures for reimbursing
member commissions.
Of the foregoing appropriation item 753-501, State Support, AMVETS, at least $50,000 shall be used in each fiscal year to fund service officer expenses.
VAV DISABLED AMERICAN VETERANS
Of the foregoing appropriation item 754-501, State Support, VAV Disabled American Veterans, at least $50,000 in each fiscal year shall be used to fund service officer expenses.
Of the foregoing appropriation item 756-501, State Support, VMC Marine Corps League, at least $30,000 in each fiscal year shall be used to fund service officer expenses.
VFW VETERANS OF FOREIGN WARS
Of the foregoing appropriation item 758-501, State Support, VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year shall be used to fund service officer expenses.
Section 417.10. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K9 |
888-609 |
|
Operating Expenses |
|
$ |
322,740 |
|
$ |
327,312 |
5BU |
888-602 |
|
Veterinary Student Loan Program |
|
$ |
60,000 |
|
$ |
0 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
382,740 |
|
$ |
327,312 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
382,740 |
|
$ |
327,312 |
Section 419.10. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470-401 |
|
RECLAIM Ohio |
|
$ |
186,338,297 |
|
$ |
190,599,131 |
GRF |
470-412 |
|
Lease Rental Payments |
|
$ |
24,207,700 |
|
$ |
24,208,700 |
GRF |
470-510 |
|
Youth Services |
|
$ |
18,558,587 |
|
$ |
18,558,587 |
GRF |
472-321 |
|
Parole Operations |
|
$ |
15,356,904 |
|
$ |
15,764,729 |
GRF |
477-321 |
|
Administrative Operations |
|
$ |
14,754,420 |
|
$ |
14,754,419 |
TOTAL GRF General Revenue Fund |
|
$ |
259,215,908 |
|
$ |
263,885,566 |
General Services Fund Group
175 |
470-613 |
|
Education Reimbursement |
|
$ |
9,985,035 |
|
$ |
10,550,725 |
4A2 |
470-602 |
|
Child Support |
|
$ |
328,657 |
|
$ |
328,657 |
4G6 |
470-605 |
|
General Operational Funds |
|
$ |
49,713 |
|
$ |
50,955 |
4G6 |
470-631 |
|
SCALE Program |
|
$ |
100,000 |
|
$ |
100,000 |
479 |
470-609 |
|
Employee Food Service |
|
$ |
137,666 |
|
$ |
137,666 |
5BN |
470-629 |
|
E-Rate Program |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
10,801,071 |
|
$ |
11,368,003 |
Federal Special Revenue Fund Group
3BH |
470-630 |
|
Federal Juvenile Programs FFY 06 |
|
$ |
100,000 |
|
$ |
50,000 |
3BT |
470-634 |
|
Federal Juvenile Programs |
|
$ |
300,000 |
|
$ |
50,000 |
3BY |
470-635 |
|
Federal Juvenile Programs FFY 07 |
|
$ |
903,350 |
|
$ |
350,000 |
3BZ |
470-636 |
|
Federal Juvenile Programs FFY 08 |
|
$ |
0 |
|
$ |
653,350 |
3V5 |
470-604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
2,750,000 |
|
$ |
2,750,000 |
3Z9 |
470-626 |
|
Federal Juvenile Programs FFY 05 |
|
$ |
142,253 |
|
$ |
0 |
321 |
470-601 |
|
Education |
|
$ |
5,202,160 |
|
$ |
5,473,109 |
321 |
470-603 |
|
Juvenile Justice Prevention |
|
$ |
51,000 |
|
$ |
30,000 |
321 |
470-606 |
|
Nutrition |
|
$ |
2,908,369 |
|
$ |
2,981,078 |
321 |
470-610 |
|
Rehabilitation Programs |
|
$ |
36,000 |
|
$ |
36,000 |
321 |
470-614 |
|
Title IV-E Reimbursements |
|
$ |
6,162,670 |
|
$ |
6,316,737 |
321 |
470-617 |
|
Americorps Programs |
|
$ |
463,700 |
|
$ |
463,700 |
321 |
470-633 |
|
Project Re-entry |
|
$ |
1,017,843 |
|
$ |
1,017,843 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
20,037,345 |
|
$ |
20,171,817 |
State Special Revenue Fund Group
147 |
470-612 |
|
Vocational Education |
|
$ |
2,074,710 |
|
$ |
2,141,823 |
5BH |
470-628 |
|
Partnerships for Success |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
3,574,710 |
|
$ |
3,641,823 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
293,629,034 |
|
$ |
299,067,209 |
Of the foregoing appropriation item 470-401, RECLAIM Ohio, $25,000 in each fiscal year shall be distributed directly to the Lighthouse Youth Services Wrap-Around Program.
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 470-412, Lease Rental
Payments, in the Department of Youth Services, shall be used to meet all
payments to the
Ohio Building Authority for the period from July 1, 2007, to June
30,
2009, under the leases and agreements for
facilities made under Chapter 152. of the Revised Code. This appropriation is
the source of funds pledged for bond service charges on related
obligations issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 470-613, Education
Reimbursement, shall be used to fund the operating expenses of
providing educational services to youth supervised by the
Department of Youth Services. Operating expenses include, but
are
not limited to, teachers' salaries, maintenance costs, and
educational equipment. This appropriation item may be used
for
capital expenses related to the education program.
EMPLOYEE FOOD SERVICE AND EQUIPMENT
Notwithstanding section 125.14 of the Revised Code, the
foregoing appropriation item 470-609, Employee Food Service, may
be used to
purchase any food operational items with funds received
into the fund from reimbursement for state surplus property.
Section 503.03. PERSONAL SERVICE EXPENSES
Unless otherwise prohibited by law, any appropriation from
which personal service expenses are paid shall bear
the employer's
share of public employees' retirement, workers'
compensation,
disabled workers' relief, and all group insurance
programs; the
costs of centralized accounting, centralized
payroll
processing,
and related personnel reports and services;
the cost
of the Office
of Collective Bargaining; the cost of the Employee Assistance
Program; the
cost of
the affirmative action and equal employment opportunity programs administered by the Department of Administrative Services; the costs of interagency
information
management infrastructure; and the cost
of
administering the state
employee merit system as required by
section 124.07 of the Revised
Code. These costs shall be
determined in conformity with
the appropriate sections of law and
paid
in accordance with procedures
specified by the Office of
Budget
and Management. Expenditures
from appropriation item 070-601,
Public Audit Expense - Local
Government, in Fund 422 may be exempted
from the
requirements of
this section.
Section 503.06. SATISFACTION OF JUDGMENTS AND SETTLEMENTS AGAINST THE STATE
Except as otherwise provided in this section, an appropriation in this act or any other act may be used for the purpose of satisfying judgments, settlements, or administrative awards ordered or approved by the Court of Claims or by any other court of competent jurisdiction in connection with civil actions against the state. This authorization does not apply to appropriations to be applied to or used for payment of guarantees by or on behalf of the state, or for payments under lease agreements relating to, or debt service on, bonds, notes, or other obligations of the state. Notwithstanding any other statute to the contrary, this authorization includes appropriations from funds into which proceeds of direct obligations of the state are deposited only to the extent that the judgment, settlement, or administrative award is for, or represents, capital costs for which the appropriation may otherwise be used and is consistent with the purpose for which any related obligations were issued or entered into. Nothing contained in this section is intended to subject the state to suit in any forum in which it is not otherwise subject to suit, and is not intended to waive or compromise any defense or right available to the state in any suit against it.
Section 503.09. CAPITAL PROJECT SETTLEMENTS
This section specifies an additional and supplemental
procedure to provide for payments of judgments and settlements if
the Director of Budget and Management determines, pursuant to
division (C)(4) of section 2743.19 of the Revised Code, that
sufficient unencumbered moneys do not exist in the particular
appropriation to pay the amount of a final judgment rendered
against the state or a state agency, including the settlement of
a
claim approved by a court, in an action upon and arising out of
a
contractual obligation for the construction or improvement of a
capital facility if the costs under the contract were payable in
whole
or in part from a state capital projects appropriation. In
such a
case, the director may either proceed pursuant to division
(C)(4)
of section 2743.19 of the Revised Code or apply to the
Controlling
Board to increase an
appropriation or create an
appropriation out of any unencumbered
moneys in the state treasury
to the credit of the capital
projects fund from which the initial
state appropriation was
made. The Controlling Board may approve
or disapprove the
application as submitted or modified. The
amount of an increase
in appropriation or new appropriation
specified in an application
approved by the Controlling Board is
hereby appropriated from the
applicable capital projects fund and
made available for the
payment of the judgment or settlement.
If the director does not make the application authorized by
this section or the Controlling Board disapproves the
application,
and the director does not make application under division
(C)(4) of section 2743.19 of the Revised Code, the director shall
for the purpose of making that payment make a request to the General
Assembly as provided for in division (C)(5) of that section.
Section 503.12. RE-ISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided
warrants under section 117.47 of the Revised Code, there is
hereby appropriated, out of moneys in the state treasury from the
fund
credited as provided in section 117.47 of the Revised Code,
that
amount sufficient to pay such warrants when approved by the
Office
of Budget and Management.
Section 503.15. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES OF
OPERATING APPROPRIATIONS
Except for amounts of $50,000,000 or more that are encumbered from the General Revenue Fund for program subsidy payments, which the Director of Budget and Management must report to the Controlling Board, an unexpended balance of an operating appropriation or
reappropriation
that a state
agency lawfully encumbered prior
to
the close of a
fiscal year is reappropriated on the
first day of
July of the
following fiscal year from the
fund from
which it was
originally
appropriated or
reappropriated for the
following period
and shall
remain available only for
the purpose
of discharging the
encumbrance:
(A) For an encumbrance for
personal
services, maintenance,
equipment, or items for resale, other than an
encumbrance for an
item of special order manufacture not available on term
contract
or in the open market or for reclamation of land or oil and gas
wells for a period of not more than five months from the end of
the fiscal
year;
(B) For an encumbrance for an item of special order
manufacture not available
on term contract or in the open market,
for a period of not more than five
months from the end of the
fiscal year or, with the written
approval of the Director of
Budget and Management, for a period of not more
than twelve months
from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and
gas wells, for a
period ending when the encumbered appropriation
is expended or for a period of two years, whichever is less;
(D) For an encumbrance for any other expense,
for such
period as the director approves, provided such period does not
exceed two years.
Any operating appropriations for which unexpended balances
are reappropriated
beyond a five-month
period from the end of the
fiscal year by division (B) of this section shall be
reported to the Controlling
Board by the
Director of Budget and
Management by the thirty-first day of
December of each year. The
report on each such item shall include
the item,
the cost of the
item, and the name of the vendor. The report shall
be updated on a
quarterly basis for encumbrances
remaining open.
Upon the expiration of the reappropriation period set out in
divisions (A), (B), (C), or (D) of this section,
a
reappropriation
made by this section lapses, and
the Director
of Budget
and Management shall cancel the encumbrance
of the unexpended
reappropriation not later than the end of the
weekend following the
expiration
of
the reappropriation period.
Notwithstanding the preceding paragraph, with the approval of
the Director of Budget and Management, an unexpended balance of an
encumbrance that was reappropriated on the first day of July
by this section for a period specified in division (C) or
(D) of this section and that remains encumbered at the close of
the fiscal biennium is hereby reappropriated on the first day of July of the following fiscal biennium
from the fund from which it was originally appropriated or
reappropriated for the applicable period specified in division (C)
or (D) of this section and shall remain available only for the
purpose of discharging the encumbrance.
The Director of Budget and Management may correct accounting errors committed by the staff of the Office of Budget and Management, such as re-establishing encumbrances or appropriations cancelled in error, during the cancellation of operating encumbrances in November and of nonoperating encumbrances in December.
If the Controlling Board approved a purchase, that approval
remains in effect
so long as the appropriation used to make
that
purchase remains encumbered.
Section 503.18. APPROPRIATIONS RELATED TO CASH TRANSFERS AND
RE-ESTABLISHMENT OF ENCUMBRANCES
Any cash transferred by the Director of
Budget and Management
under section 126.15 of the Revised Code is
hereby appropriated.
Any amounts necessary to re-establish appropriations or
encumbrances under section 126.15 of the Revised Code are
hereby appropriated.
Section 503.21. INCOME TAX DISTRIBUTION TO COUNTIES
There are hereby appropriated out of any moneys in the
state
treasury to the credit of the General Revenue Fund, which
are not
otherwise appropriated, funds sufficient to make any
payment
required by division (B)(2) of section 5747.03 of the
Revised
Code.
Section 503.24. EXPENDITURES AND APPROPRIATION INCREASES
APPROVED BY THE CONTROLLING BOARD
Any money that the Controlling Board approves for expenditure
or any increase in appropriation authority that the Controlling
Board approves under sections 127.14,
131.35, and 131.39
of the Revised Code or any other provision of
law is hereby appropriated for the period ending June 30,
2009.
Section 503.27. FUNDS RECEIVED FOR USE OF GOVERNOR'S RESIDENCE
If the Governor's Residence Fund (Fund 4H2) receives payment for use of the residence pursuant to section 107.40 of the Revised Code, the amounts so received are hereby appropriated to appropriation item 100-604, Governor's Residence Gift.
Section 506.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS
The maximum amounts that may be assessed against nuclear
electric utilities under division (B)(2) of section
4937.05 of the Revised Code are as
follows:
|
|
|
FY 2008 |
|
FY 2009 |
Department of Agriculture |
|
|
|
|
|
Fund 4E4 Utility Radiological Safety |
|
$73,059 |
|
$73,059 |
Department of Health |
|
|
|
|
|
Fund 610 Radiation Emergency Response |
|
$850,000 |
|
$850,000 |
Environmental Protection Agency |
|
|
|
|
|
Fund 644 ER Radiological Safety |
|
$286,114 |
|
$286,114 |
Emergency Management Agency |
|
|
|
|
|
Fund 657 Utility Radiological Safety |
|
$1,260,000 |
|
$1,260,000 |
Section 512.01. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE FUND ENDING BALANCES
Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of section 131.44 of the Revised Code, up to $100,000,000 in cash from fiscal year 2007 surplus revenue in excess of the amount required under division (A)(3) of section 131.44 of the Revised Code shall remain in the General Revenue Fund (GRF).
Section 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM NON-GRF FUNDS
Notwithstanding any other provision of law to the contrary, during fiscal years 2008 and 2009, the Director of Budget and Management is hereby authorized to transfer cash from non-General Revenue Fund funds that are not constitutionally restricted to the General Revenue Fund. The total amount of cash transfers made pursuant to this section to the General Revenue Fund during fiscal years 2008 and 2009 shall not exceed $70,000,000.
Section 512.06. TRANSFERS TO THE GENERAL REVENUE FUND OF INTEREST EARNED
Notwithstanding any provision of Ohio law to the contrary, the Director of Budget and Management, through June 30, 2009, may transfer interest earned by any fund in the Central Accounting System to the General Revenue Fund. Subsequent to the making of such transfers, the Director of Budget and Management shall provide a report to the Controlling Board at its next regularly scheduled meeting detailing the funds from which the interest earned was transferred to the General Revenue Fund and the amount of interest earnings transferred from each of those funds. This section does not apply to funds whose source of revenue is restricted or protected by the Constitution of this state, federal tax law, or the "Cash Management Improvement Act of 1990" 104 Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.
Section 512.07. CASH TRANSFERS FROM REPARATIONS FUND (Fund 402) TO DISASTER PREPAREDNESS FUND (Fund 5EX)
Notwithstanding any other provision of law to the contrary, on the first day of July in each of years 2007 and 2008, or as soon as practicable thereafter in each of those years, the Director of Budget and Management shall transfer $350,000 in cash from the Reparations Fund (Fund 402) to the Disaster Preparedness Fund (Fund 5EX).
Section 512.09. CORPORATE AND UCC FILING FUND TRANSFER TO GRF
Not later than the first day of June in each year of the
biennium, the Director of Budget and Management shall transfer
$500,000 from the Corporate and Uniform Commercial Code Filing
Fund to the
General Revenue Fund.
Section 512.21. GRF TRANSFER TO FUND 5N4, OAKS PROJECT
IMPLEMENTATION
On July 1, 2007, or as soon thereafter as possible, the
Director of Budget and Management shall transfer an amount not to exceed $2,200,725 in
cash from the General Revenue Fund to Fund 5N4, OAKS Project
Implementation. On July 1, 2008, or as soon thereafter as
possible, the Director of Budget and Management shall transfer an amount not to
exceed $2,092,779 in cash from the General Revenue Fund to Fund 5N4, OAKS
Project Implementation.
Section 512.31. TEMPORARY TRANSFER TO THE OAKS SUPPORT ORGANIZATION FUND
Notwithstanding any provision of law to the contrary, in fiscal year 2008, the Director of Budget and Management may transfer an amount not to exceed $1,000,000 in cash from the Human Resources Services Fund (Fund 125) to the OAKS Support Organization Fund (Fund 5EB). These amounts shall support the establishment of the OAKS Support Organization. Amounts transferred to the OAKS Support Organization Fund and interest earnings on these amounts transferred during fiscal year 2008 shall be returned to the Human Resources Services Fund not later than January 1, 2008. Upon certification of the total amount transferred from Fund 125 to Fund 5EB, the Director of Budget and Management shall transfer cash in the amount certified from Fund 5EB to Fund 125.
Section 512.32. GRF TRANSFER TO FUND 470, FEE SUPPORTED PROGRAMS
On July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer $50,000 in cash from the General Revenue Fund to Fund 470, Fee Supported Programs, in the Department of Health.
Section 512.34. TRANSFER FROM EDUCATION FACILITIES ENDOWMENT FUND
Notwithstanding division (G) of section 183.27 of the Revised Code, the Director of Budget and Management shall transfer $40,000,000 cash in fiscal year 2008 from the Education Facilities Endowment Fund (Fund P87) to the General Revenue Fund.
Section 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT CAPITAL GRANT PROGRAMS
On the first day of July of each fiscal year or as soon as possible thereafter, the Director of Budget and Management shall (1) transfer $9,817,105 in cash in fiscal year 2008 and $10,057,814 in cash in fiscal year 2009 from the Highway Operating Fund (Fund 002) to the Diesel Emissions Grant Fund established in section 122.861 of the Revised Code and (2) transfer $5,000,000 in each fiscal year from the Highway Operating Fund to the Transit Capital Fund (Fund 5E7). The amounts transferred are hereby appropriated.
The transfer to the Diesel Emissions Grant Fund shall be used for the administration and oversight of the Diesel Emissions Reduction Grant Program within the Department of Development. In addition to the allowable expenditures set forth in section 122.861 of the Revised Code, Diesel Emissions Reduction Grant Program funds also may be used to fund projects involving the purchase or use of hybrid and alternative fuel vehicles that are allowed under guidance developed by the Federal Highway Administration for the Congestion Mitigation and Air Quality (CMAQ) Program. The Director of Development, in consultation with the Director of Environmental Protection, shall develop guidance for distribution of the funds from the Diesel Emissions Grant Fund. The guidance shall include a method for prioritization of projects, acceptable technologies, and procedures for awarding grants and loans.
The transfer to the Transit Capital Fund (Fund 5E7) shall be used to supplement the capital portion of the Ohio Public Transportation Grant Program within the Department of Transportation.
These cash transfers represent CMAQ program moneys within the Department of Transportation for use by the Diesel Emissions Reduction Grant Program by the Department of Development and for use by the Ohio Public Transportation Grant Program by the Ohio Department of Transportation. These allocations shall not reduce the amount of such moneys designated for metropolitan planning organizations.
Section 512.37. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND
On July 1, 2007, and on July 1, 2008, or as soon thereafter as possible, the Director of Budget and Management may transfer cash from the funds specified below, in the amount specified below, to the Energy Strategy Development Fund, which is hereby created in the state treasury. The fund may accept contributions and transfers made to the fund. The funds shall be used to develop energy initiatives, projects, and policy.
Agency |
Fund |
FY 2008 |
FY 2009 |
Department of Administrative Services |
117 |
$35,000 |
$35,000 |
Department of Agriculture |
3J4 |
$35,000 |
$35,000 |
Department of Development |
4H4 |
$32,447 |
$0 |
Department of Development |
135 |
$0 |
$35,000 |
Environmental Protection Agency |
219 |
$35,000 |
$35,000 |
Department of Natural Resources |
157 |
$35,000 |
$35,000 |
Department of Transportation |
002 |
$50,000 |
$50,000 |
Section 512.38. CASH TRANSFER FROM AUTOMATED TITLE PROCESSING FUND TO TITLE DEFECT RESCISSION FUND
Notwithstanding any other provision of law to the contrary, on July 1, 2007, or as soon as practicable thereafter, the Director of Budget and Management shall transfer $1,000,000 in cash from the Automated Title Processing Fund (Fund 849) to the Title Defect Rescission Fund (Fund 4Y7).
Section 512.41. For purposes of sections 109.93, 111.18, and 173.85 of the Revised Code, as amended by this act, the Director of Budget and Management, in collaboration with the Treasurer of State, may take any action necessary to establish funds in the state treasury that were previously held in the custody of the Treasurer of State, including, but not limited to, the transfer of cash from the custodial funds to the state treasury and the establishment of appropriations and encumbrances to support outstanding obligations. The amounts necessary to support outstanding obligations are hereby appropriated. Agencies may request additional appropriation authority, but it shall be subject to approval by the Controlling Board.
Section 512.50. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE INTRA-STATE FUND
On July 1, 2007, or as soon as possible thereafter, the Director of Budget and Management shall transfer $400,000 cash from the General Revenue Fund to the Public Audit Expense Intra-State Fund (Fund 109). The amounts transferred are hereby appropriated to help pay for expenses incurred in the Auditor of State's role relating to fiscal caution, fiscal watch, and fiscal emergency activities as defined in Chapter 3316. of the Revised Code and for performance audits for school districts in fiscal distress.
Section 515.03. (A) Effective July 1, 2007, the State Chief Information Officer shall report to the Director of Budget and Management. All actions of the State Chief Information Officer thereafter shall be subject to the approval of the Director of Budget and Management. The State Chief Information Officer shall continue to perform all the duties, powers, and obligations of the State Chief Information Officer and the Office of Information Technology provided for by law. To allow for the administrative reorganization and program transfer, the operation of the Office of Information Technology shall remain within the Department of Administrative Services through June 30, 2008. Notwithstanding any section of the Revised Code, funds appropriated in this act to the Department of Administrative Services for the Office of Information Technology and the employees and assets of the Office of Information Technology in the Department shall be used by the Department as directed by the State Chief Information Officer for the continued operation of the Office of Information Technology. Effective July 1, 2008, the operations of the Office of Information Technology in the Department of Administrative Services cease.
(B) Employees of the Office of Information Technology in the Department of Administrative Services shall be transferred to the Office of Budget and Management. The State Chief Information Officer and the Directors of Administrative Services and the Office of Budget and Management may identify employees of the Department of Administrative Services who provide administrative support to the Office of Information Technology and who shall be transferred to the Office of Budget and Management. Both of these transfers shall take effect on the first day of the first pay period for fiscal year 2009 and are subject to the lay-off provisions of sections 124.321 to 124.328 of the Revised Code.
(C) Effective July 1, 2008, all funding, assets, and records of the Office of Information Technology in the Department of Administrative Services shall be transferred to the Office of Budget and Management.
(D) Any matter commenced but not completed by the Office of Information Technology in the Department of Administrative Services on July 1, 2007, shall be completed by the Office of Information Technology in the Office of Budget and Management, as appropriate, in the same manner, and with the same effect, as if completed by the Office of Information Technology in the Department of Administrative Services. Any validation, cure, right, privilege, remedy, obligation, or liability of the Office of Information Technology is not lost or impaired by reason of the transfer and shall be administered by the State Chief Information Officer and Office of Information Technology in the Office of Budget and Management.
(E) All rules, orders, policies, directives, and determinations of the State Chief Information Officer and the Office of Information Technology in the Department of Administrative Services continue in effect as rules, orders, policies, directives, and determinations of the State Chief Information Officer and the Office of Information Technology in the Office of Budget and Management until modified or rescinded by the Officer, Office, or the Director of Budget and Management. At the request of the State Chief Information Officer or the Director of Budget and Management, and if necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber rules of the Office of Information Technology to reflect the transfer to the Office of Budget and Management.
(F) Effective July 1, 2007, whenever the Department of Administrative Services, the Office of Information Technology, or the State Chief Information Officer is referred to in any law, contract, or other document in relation to statewide information technology, the reference shall be deemed to refer to the Office of Budget and Management or the Office of Information Technology in the Office of Budget and Management.
(G) Effective July 1, 2007, any action or proceeding or adjudication that is related to the Office of Information Technology in the Department of Administrative Services and that is pending shall not be affected by the transfer and shall be prosecuted or defended in the name of the Director of Budget and Management or the Office of Budget and Management. In all such actions and proceedings the Director or the Office, upon application to the court or agency, shall be substituted as a party.
(H) On and after July 1, 2007, notwithstanding any provision of law to the contrary, the Director of Budget and Management is authorized to take the actions described in this section with respect to budget changes made necessary by the transfer, including administrative reorganization, program transfers, the creation of new funds, the creation of new appropriation items, and the consolidation of funds as authorized by this act. The Director may make any transfer of cash balances between funds. At the request of the Director of Budget and Management, the State Chief Information Officer shall certify to the Director an estimate of the amount of the cash balance to be transferred to the receiving fund. The Director may transfer the estimated amount when needed to make payments. Not more than thirty days after certifying the estimated amount, the State Chief Information Officer shall certify the final amount to the Director. The Director shall transfer the difference between any amount previously transferred and the certified final amount. The Director may cancel encumbrances or parts of encumbrances and re-establish encumbrances or parts of encumbrances as needed in the appropriate fund and appropriation item for the same purpose and to the same vendor. As determined by the Director, the appropriation authority necessary to re-establish those encumbrances in a different fund or appropriation item in or between the Office of Budget and Management and the Department of Administrative Services is hereby authorized. The Director shall reduce each year's appropriation balances by the amount of the encumbrances canceled in their respective funds and appropriation items. Any fiscal year 2008 unencumbered or unallocated appropriation balances may be transferred to the appropriate item to be used for the same purposes, as determined by the Director.
Section 515.06. TRANSFER OF PRINTING SERVICES FROM THE OFFICE OF INFORMATION TECHNOLOGY
Effective July 1, 2007, or the earliest date thereafter agreed to by the Director of Budget and Management and the Director of Administrative Services, the Office of Information Technology printing office currently located on Integrity Drive in Columbus shall become part of the Department of Administrative Services. The functions, assets, and liabilities, including, but not limited to, records, regardless of form or medium, leases, and contracts, of the printing office are transferred to the Department of Administrative Services. The Department of Administrative Services is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the printing office. The functions of the printing office are thereupon and thereafter transferred to the Department of Administrative Services.
Any business commenced but not completed by the printing office by the date of the transfer shall be completed by the Department of Administrative Services, in the same manner, and with the same effect, as if completed by the printing office. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer and shall be administered by the Department of Administrative Services. All the printing office's rules, orders, and determinations continue in effect as rules, orders, and determinations of the Department of Administrative Services, until modified or rescinded by the Department of Administrative Services. If necessary to ensure the integrity of the Administrative Code rule numbering system, the Director of the Legislative Service Commission shall renumber the printing office's rules to reflect their transfer to the Department of Administrative Services.
Employees of the Office of Information Technology designated as staff in the printing office shall be transferred to the Department of Administrative Services. Subject to the layoff provisions of sections 124.321 to 124.328 of the Revised Code, the layoff provisions of the contract between the state and all bargaining units affected, the employees transferred to the Department of Administrative Services retain their positions and all benefits accruing thereto.
No judicial or administrative action or proceeding to which the printing office is a party that is pending on July 1, 2007, or such later date as may be established by the Director of the Office of Information Technology and the Director of Administrative Services, is affected by the transfer of functions. The action or proceeding shall be prosecuted or defended in the name of the Director of Administrative Services. On application to the court or agency, the Director of Administrative Services shall be substituted for the Director of the Office of Information Technology as a party to the action or proceeding.
On and after July 1, 2007, notwithstanding any provision of law to the contrary, the Director of Budget and Management shall take the actions with respect to budget changes made necessary by the transfer, including administrative reorganization, program transfers, the creation of new funds, and the consolidation of funds as authorized by this section. The Director of Budget and Management may cancel encumbrances and re-establish encumbrances or parts of encumbrances as needed in fiscal year 2008 in the appropriate fund and appropriation item for the same purpose and for payment to the same vendor. The Director of Budget and Management as determined necessary, may re-establish encumbrances in fiscal year 2008 in a different fund or appropriation item in an agency or between agencies. The re-established encumbrances are hereby appropriated. The Director of Budget and Management shall reduce each year's appropriation balances by the amount of the encumbrance canceled in their respective funds and appropriation items.
Not later than sixty days after the transfer of the printing office to the Department of Administrative Services, the Director of the Office of Information Technology shall certify to the Director of Budget and Management the amount of cash associated with printing services supported by Fund 133, IT Services Delivery Fund. Upon receipt of the certification, the Director of Budget and Management shall transfer cash from Fund 133, IT Services Delivery Fund, to Fund 210, State Printing Fund. This amount is hereby appropriated.
Section 515.09. TRANSFER OF MAIL AND FULFILLMENT SERVICES FROM THE DEPARTMENT OF JOB AND FAMILY SERVICES
Effective July 1, 2007, or the earliest date thereafter agreed to by the Director of Job and Family Services and the Director of Administrative Services, the Department of Job and Family Services mail and fulfillment office, currently located on Integrity Drive in Columbus shall become part of the Department of Administrative Services. The functions, assets, and liabilities, including, but not limited to, records, regardless of form or medium, leases, and contracts, of the mail and fulfillment office is transferred to the Department of Administrative Services. The Department of Administrative Services is thereupon and thereafter successor to, assumes the obligations of, and otherwise constitutes the continuation of the mail and fulfillment office. The functions of the mail and fulfillment office are thereupon and thereafter transferred to the Department of Administrative Services.
Any business commenced but not completed by the mail and fulfillment office by the date of transfer shall be completed by the Department of Administrative Services, in the same manner, and with the same effect, as if completed by the mail and fulfillment office. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer and shall be administered by the Department of Administrative Services. All of the mail and fulfillment office's rules, orders, and determinations continue in effect as rules, orders, and determinations of the Department of Administrative Services, until modified or rescinded by the Department of Administrative Services. If necessary to ensure the integrity of the Administrative Code rule numbering system, the Director of the Legislative Service Commission shall renumber the mail and fulfillment office's rules to reflect their transfer to the Department of Administrative Services.
Employees of the Department of Job and Family Services designated as staff in the mail and fulfillment office shall be transferred to the Department of Administrative Services. Subject to the layoff provisions of sections 124.321 to 124.328 of the Revised Code, and to provisions of the contract between the state and all bargaining units affected, the employees transferred to the Department of Administrative Services retain their positions and all benefits accruing thereto.
No judicial or administrative action or proceeding to which the mail and fulfillment office is a party that is pending on July 1, 2007, or such later date as may be established by the Director of Job and Family Services and the Director of Administrative Services, is affected by the transfer of functions. The action or proceeding shall be prosecuted or defended in the name of the Director of Administrative Services. On application to the court or agency, the Director of Administrative Services shall be substituted for the Director of Job and Family Services as a party to the action or proceeding.
On and after July 1, 2007, notwithstanding any provision of law to the contrary, the Director of Budget and Management shall take the actions with respect to budget changes made necessary by the transfer, including administrative reorganization, program transfers, the creation of new funds, and the consolidation of funds as authorized by this section. The Director of Budget and Management may cancel encumbrances and re-establish encumbrances or parts of encumbrances as needed in fiscal year 2008 in the appropriate fund and appropriation item for the same purpose and for payment to the same vendor. The Director of Budget and Management, as determined necessary, may re-establish encumbrances in fiscal year 2008 in a different fund or appropriation item in an agency or between agencies. The re-established encumbrances are hereby appropriated. The Director of Budget and Management shall reduce each year's appropriation balances by the amount of the encumbrance canceled in their respective funds and appropriation items.
The Director of Job and Family Services and the Director of Administrative Services shall enter into an interagency agreement establishing terms and timetables for the implementation of this section. The interagency agreement shall include provisions for credits to the Department of Job and Family Services for prepaid postage, agreements for the credit, transfer, or reimbursement of funds to the Department of Job and Family Services to comply with terms and conditions applicable to federal funds expended by the department for the purchase, maintenance, and operation of equipment, agreements for ongoing operations in compliance with federal requirements applicable to Department of Job and Family Services programs that utilize the mail and fulfillment services, transfer of or sharing of lease agreements, and any other agreements that the Director of Job and Family Services and the Director of Administrative Services determine to be necessary for the successful implementation of this section.
Not later than sixty days after the transfer of the mail and fulfillment office to the Department of Administrative Services, the Director of Job and Family Services shall certify to the Director of Budget and Management the amount of any unexpended balance of appropriations made to the department to support the office. Upon receipt of the certification, the Director of Budget and Management shall transfer the appropriations and cash to Fund 210, State Printing Fund.
Section 518.01. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO THE GENERAL REVENUE FUND
Notwithstanding any law to the contrary, on July 1, 2007, or as soon as possible thereafter, and before any other transfers from the Tobacco Master Settlement Agreement Fund (Fund 087) are made, the Director of Budget and Management shall transfer $9,984,248 to the General Revenue Fund from the Tobacco Master Settlement Agreement Fund (Fund 087).
Section 518.02. EXCESS TOBACCO SECURITIZATION PROCEEDS
Any proceeds from securitization of the Tobacco Master Settlement Agreement, after all expenses of the securitization have been accounted for, in excess of $5,000,000,000 shall be deposited in the School Building Program Assistance Fund (Fund 032) established in section 3318.25 of the Revised Code.
Section 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO SECURITIZATION
(A) Notwithstanding any other provision of law to the contrary, the Director of Budget and Management, periodically on any date following the issuance of the tobacco obligations authorized in section 183.51 of the Revised Code and through June 30, 2009, shall:
(1) Determine the amount of appropriation items 235-909, Higher Education General Obligation Debt Service, and 230-908, Common Schools General Obligation Debt Service, that are in excess of the amounts needed to pay all debt service and financing costs on those obligations payable from each of those items and transfer all or any portion of that excess appropriation to appropriation item 200-901, Property Tax Allocation-Education, or 110-901, Property Tax Allocation-Taxation, or both together as needed for the purposes of making the state's property tax relief payments to school districts and counties.
(2) Determine the amount by which interest earnings credited to Fund 034, Higher Education Improvement Fund, and Fund 032, School Building Program Assistance Fund, from the investment of the net proceeds of those tobacco obligations exceed the amount needed to satisfy appropriations from those funds, transfer all or part of that excess cash balance to the General Revenue Fund, and increase appropriation item 200-901, Property Tax Allocation-Education, or 110-901, Property Tax Allocation-Taxation, or both together, by up to the amount of cash so transferred to the General Revenue Fund.
(3) Determine the amount of capital appropriations in CAP-770, School Building Assistance Program, and transfers of cash to Fund 5E3, School Facilities Commission, that are necessary to fully expend the amount of net proceeds deposited into Fund 032, School Building Program Assistance Fund, from the issuance of those tobacco obligations, and increase the appropriations for CAP-770 and appropriation item 230-644, Operating Expenses-School Facilities Commission, by the necessary amounts.
(4) Determine the amount of additional capital appropriations, if any necessary to fully expend the amount of net proceeds deposited from the issuance of those tobacco obligations into Fund 034, Higher Education Improvement Fund.
(5) Reduce by up to $800,000,000 the amount of authorization to issue and sell general obligations to pay the costs of capital facilities for a system of common schools throughout the state granted to the Ohio Public Facilities Commission by prior acts of the General Assembly. This reduction reflects the utilization of the net proceeds of those tobacco obligations in place of general obligation bond proceeds to support capital appropriations payable from Fund 032, School Building Assistance Fund.
(6) Reduce by up to $950,000,000 the amount of authorization to issue and sell general obligations to pay the costs of capital facilities for state-supported and state-assisted institutions of higher education granted to the Ohio Public Facilities Commission by prior acts of the General Assembly. This reduction reflects the utilization of the net proceeds of those tobacco obligations in place of general obligation bond proceeds to support capital appropriations payable from Fund 034, Higher Education Improvement Fund.
(B) Before the Office of Budget and Management transfers or increases or decreases any appropriations or authorizations described in division (A) of this section, the Office of Budget and Management shall seek Controlling Board approval.
Section 518.06. GENERAL OBLIGATION DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state issued pursuant to the Ohio
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this
purpose, such amounts are hereby appropriated.
Section 518.09. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF
STATE
Certain appropriations are in this act for the purpose of
making
lease rental payments pursuant to leases and agreements relating
to bonds or notes issued by the
Ohio Building Authority or the
Treasurer of State or, previously, by the Ohio Public Facilities
Commission,
pursuant
to
the Ohio
Constitution and acts of the
General Assembly. If it is
determined that additional
appropriations are necessary for this
purpose, such amounts are
hereby appropriated.
Section 518.12. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS
The Office of Budget and Management shall initiate and
process disbursements from general obligation and lease rental payment appropriation
items during the period from July 1, 2007, to June 30, 2009,
relating to bonds or notes
issued under
Sections 2i, 2k, 2l, 2m, 2n, 2o, 2p and 15 of Article VIII, Ohio Constitution, and
Chapters 151. and 154. of the Revised Code. Disbursements shall
be made upon
certification by the Treasurer of State, Office of the Sinking Fund, of the dates
and the amounts
due on those dates.
Section 521.03. STATE AND LOCAL REBATE AUTHORIZATION
There is hereby appropriated, from those funds designated
by
or pursuant to the applicable proceedings authorizing the
issuance
of state obligations, amounts computed at the time to
represent
the portion of investment income to be rebated or
amounts in lieu
of or in addition to any rebate amount to be paid
to the federal
government in order to maintain the exclusion from
gross income
for federal income tax purposes of interest on those
state
obligations under section 148(f) of the Internal
Revenue
Code.
Rebate payments shall be approved and vouchered by the Office
of Budget and Management.
Section 521.06. STATEWIDE INDIRECT COST RECOVERY
Whenever the Director of Budget and Management determines
that an appropriation made to a state agency from a fund of the
state is insufficient to provide for the recovery of statewide
indirect costs under section 126.12 of the Revised Code,
the
amount required for such purpose is hereby appropriated from
the
available receipts of such fund.
Section 521.07. GRF TRANSFERS ON BEHALF OF THE STATEWIDE
INDIRECT COST ALLOCATION PLAN
The total transfers made from the General Revenue Fund by the
Director of
Budget and Management under this section shall
not exceed
the amounts
transferred into the General Revenue Fund
under division
(B) of section
126.12 of the Revised Code.
The director of an agency may certify to the Director of Budget
and
Management the amount of expenses not allowed to be included
in the Statewide
Indirect Cost Allocation Plan under federal
regulations, from any fund
included in the Statewide Indirect Cost
Allocation Plan, prepared as required
by section 126.12 of the
Revised Code.
Upon determining
that no alternative source of funding is
available to pay for such expenses,
the Director of Budget and
Management may transfer from the General Revenue
Fund into the
fund for which the certification is made, up to the amount of
the
certification. The director of the agency receiving such funds
shall
include, as part of the next budget submission prepared
under section
126.02 of the Revised Code, a request for
funding for such activities from an
alternative source such that
further federal disallowances would not be
required.
Section 521.09. FEDERAL GOVERNMENT INTEREST REQUIREMENTS
Notwithstanding any provision of law to the contrary, on or
before the first day of September of each fiscal year, the
Director of Budget
and Management, in order to reduce the payment
of adjustments to the federal
government, as determined by the
plan prepared under division (A) of
section 126.12 of the
Revised Code, may designate such funds as the director
considers
necessary to retain their own interest earnings.
Section 521.12. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT
Pursuant to the plan for compliance with the Federal Cash
Management Improvement Act required by section 131.36 of the
Revised Code, the Director of Budget and Management may cancel and re-establish all or part of encumbrances in like
amounts within the funds identified by the plan. The amounts
necessary to re-establish all or part of encumbrances are
hereby appropriated.
*Section 603.05. That Sections 203.50, 209.10, 227.10, and 555.08 of Am. Sub. H.B. 67 of the 127th General Assembly be amended to read as follows:
Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES
Of the foregoing appropriation item 772-421, Highway
Construction
- State, $5,000,000 shall be used in each fiscal year
during the fiscal year
2008-2009 biennium by the Department of Transportation
for the
construction, reconstruction, or maintenance of public
access
roads, including support features, to and within state
facilities owned
or operated by the Department of Natural
Resources.
Notwithstanding section 5511.06 of the Revised Code, of the
foregoing appropriation item 772-421, Highway Construction -
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009 biennium
shall be used by the Department of Transportation for the
construction,
reconstruction, or maintenance of park drives or
park roads
within the boundaries of metropolitan parks.
Included in the foregoing appropriation item 772-421, Highway
Construction - State, the department may perform
related
road work
on behalf of the Ohio Expositions Commission at the
state
fairgrounds, including reconstruction or maintenance of
public
access roads and support features, to and within fairground
facilities as requested by the commission and approved by the
Director of Transportation.
PUBLIC SCHOOL ENTRANCE IMPROVEMENTS
Of the foregoing appropriation item 779-491, Administration-State, $4,000,000 in fiscal year 2008, shall be used by the Department of Transportation to make grants available for state highway improvements at public school entrances under the following conditions:
(A) The school is receiving assistance from the Ohio School Facilities Commission for the renovation or construction of new school facilities.
(B) The state highway improvements are to be made at entrances within school zones.
Grant awards shall be limited to $500,000 per school district, and are contingent on local government officials or the participating school district, or both, matching 25 per cent of the improvement cost.
LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made to the Department of Transportation,
Highway Operating Fund, not otherwise restricted by law, is
available
to liquidate unforeseen liabilities arising from
contractual
agreements of prior years when the prior year
encumbrance is
insufficient.
State Highway Safety Fund Group
036 |
764-033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
036 |
764-321 |
|
Operating Expense - Highway Patrol |
|
$ |
253,967,276 |
|
$ |
267,539,597 |
036 |
764-605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
3,061,817 |
|
$ |
3,340,468 |
83C |
764-630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
83F |
764-657 |
|
Law Enforcement Automated Data System |
|
$ |
7,945,555 |
|
$ |
8,275,898 |
83G |
764-633 |
|
OMVI Enforcement/Education |
|
$ |
650,000 |
|
$ |
650,000 |
83J |
764-693 |
|
Highway Patrol Justice Contraband |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
83T |
764-694 |
|
Highway Patrol Treasury Contraband |
|
$ |
21,000 |
|
$ |
21,000 |
831 |
764-610 |
|
Patrol - Federal |
|
$ |
2,455,484 |
|
$ |
2,455,484 |
831 |
764-659 |
|
Transportation Enforcement - Federal |
|
$ |
5,665,690 |
|
$ |
6,132,592 |
831 |
769-631 |
|
Homeland Security - Federal |
|
$ |
1,500,000 |
|
$ |
1,552,500 |
837 |
764-602 |
|
Turnpike Policing |
|
$ |
10,893,146 |
|
$ |
11,553,959 |
838 |
764-606 |
|
Patrol Reimbursement |
|
$ |
175,000 |
|
$ |
175,000 |
840 |
764-607 |
|
State Fair Security |
|
$ |
1,396,283 |
|
$ |
1,396,283 |
840 |
764-617 |
|
Security and Investigations |
|
$ |
6,231,916 |
|
$ |
6,155,385 |
840 |
764-626 |
|
State Fairgrounds Police Force |
|
$ |
788,375 |
|
$ |
788,375 |
840 |
769-632 |
|
Homeland Security - Operating |
|
$ |
1,913,276 |
|
$ |
1,989,807 |
841 |
764-603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,339,399 |
|
$ |
1,339,399 |
TOTAL HSF State Highway Safety |
|
|
|
|
|
|
Fund Group |
|
$ |
301,977,111 |
|
$ |
317,338,641 |
General Services Fund Group
4S2 |
764-660 |
|
MARCS Maintenance |
|
$ |
335,862 |
|
$ |
389,149 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
|
$ |
335,862 |
|
$ |
389,149 |
TOTAL ALL BUDGET FUND GROUPS - |
|
|
|
|
|
|
Enforcement |
|
$ |
302,312,973 |
|
$ |
317,727,790 |
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division
(B)
of section 131.35 of the Revised Code, except for the General
Revenue
Fund, the Controlling Board may, upon the request of
either the
Director of Budget and Management, or the Department of
Public
Safety
with the approval of the Director of Budget and
Management,
increase
appropriations for any fund, as necessary for
the Department of
Public Safety, to assist in paying the costs of
increases in
employee
compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code.
TRAFFIC SAFETY OPERATING FUND
On July 1, 2007, or as soon thereafter as possible, the Director of Budget and Management shall transfer the cash balance in the Traffic Safety Operating Fund (Fund 5AY) to the Highway Safety Fund (Fund 036). The Director of Budget and Management shall cancel any existing encumbrances against appropriation item 764-688, Traffic Safety Operating, and re-establish them against appropriation item 764-321, Operating Expense – Highway Patrol. The amounts of the re-established encumbrances are hereby appropriated. Upon completion of these transfers, the Traffic Safety Operating Fund (Fund 5AY) is hereby abolished.
CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND
Effective July 1, 2007, the Treasurer of State, prior to making any of the distributions listed in sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit at least the first $1,250,000 and up to $1,600,000 received each month to the credit of the State Highway Safety Fund (Fund 036) pursuant to a schedule determined by the Director of Budget and Management.
Sec. 227.10. DEV DEPARTMENT OF DEVELOPMENT
State Special Revenue Fund Group
4W0 |
195-629 |
|
Roadwork Development |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
18,699,900 |
|
$ |
18,699,900 |
ROADWORK DEVELOPMENT FUND
The Roadwork Development Fund shall be used for road
improvements associated
with economic development opportunities
that will retain or attract businesses
for Ohio.
"Road
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site.
The Department of Transportation, under the direction of the
Department of
Development, shall provide these funds in accordance
with all guidelines and
requirements established for Department of
Development appropriation item
195-412, Business
Development,
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 5a
of Article
XII, Ohio Constitution.
Should the Department of
Development require the
assistance of the Department of
Transportation to bring a project to
completion, the Department of
Transportation shall use its authority under
Title LV of the
Revised Code to provide such assistance and enter into
contracts
on behalf of the Department of Development. In addition, these
funds may be used in conjunction with appropriation item 195-412,
Business
Development, or any
other state funds appropriated for
infrastructure improvements.
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Development or as otherwise
determined by the Director of Budget and Management, shall set a
cash transfer schedule
to meet the cash needs of the Department of
Development's Roadwork Development Fund (Fund 4W0), less any other
available cash. The Director
shall transfer to the Roadwork
Development Fund from the Highway Operating Fund (Fund 002),
established in section 5735.291 of the Revised Code, such amounts
at such times as determined by the transfer schedule.
Of the foregoing appropriation item 195-629, Roadwork Development, $1,000,000 over the fiscal year 2008-2009 biennium shall be used for improvements to the State Route 33 Avery Muirfield Interchange.
TRANSPORTATION IMPROVEMENT DISTRICTS
Notwithstanding section 5540.151 of the Revised Code, of the foregoing appropriation item 195-629, Roadwork Development, $250,000 in each fiscal year of the biennium shall be granted by the Director of Development to each of the transportation improvement districts of Butler, Clermont, Hamilton, Lorain, Medina, Montgomery, Muskingum, and Stark counties and to the Rossford Transportation Improvement District in Wood County. Any grant made under this paragraph is not subject to the restrictions of appropriation item 195-629, Roadwork Development.
Sec. 555.08. The Department of Transportation shall construct the major new construction projects selected by the Transportation Review Advisory Council on December 20, 2006, as Tier I projects for construction in fiscal years 2007 through 2013 and shall not undertake other major new construction projects until construction of such selected Tier I projects has commenced in accordance with the December 20, 2006, recommendations. However, nothing in this section shall require the Department of Transportation to undertake the major new Tier I construction projects selected by the Transportation Review Advisory Council on December 20, 2006, ahead of projects selected as Tier I projects prior to that date; the Department may continue with such previously selected Tier I projects in accordance with the prior recommendations. The Transportation Review Advisory Council may recommend additional major new projects in accordance with the policies promulgated by the Council, but new Tier I projects shall not be given priority over Tier I projects recommended on December 20, 2006.
*Section 603.06. That existing Sections 203.50, 209.10, 227.10, and 555.08 of Am. Sub. H.B. 67 of the 127th General Assembly are hereby repealed.
Section 605.05. That Section 252.70 of Am. Sub. H.B. 530 of the 126th General Assembly be amended to read as follows:
Sec. 252.70. OSU OHIO STATE UNIVERSITY
CAP-074 |
|
Basic Renovations |
|
$ |
19,255,664 |
CAP-149 |
|
Basic Renovations - Regional Campuses |
|
$ |
2,083,163 |
CAP-198 |
|
Brown Hall Annex Replacement |
|
$ |
6,213 |
CAP-254 |
|
Basic Renovations - ATI |
|
$ |
127,444 |
CAP-255 |
|
Supplemental Renovations - OARDC |
|
$ |
2,826,343 |
CAP-256 |
|
Supplemental Renovations - Regional |
|
$ |
191,955 |
CAP-258 |
|
Dreese Lab Addition |
|
$ |
12,340 |
CAP-261 |
|
Bioscience/Parks Hall Addition |
|
$ |
12,584 |
CAP-269 |
|
Greenhouse Modernization |
|
$ |
40,982 |
CAP-271
|
|
Horticulture/Entomology Greenhouse - OARDC |
|
$ |
15,344 |
CAP-292 |
|
Life Sciences Research Building |
|
$ |
202,898 |
CAP-302 |
|
Food Science
& Technology Building |
|
$ |
89,990 |
CAP-306 |
|
Heart
& Lung Institute |
|
$ |
32,437 |
CAP-311 |
|
Superconducting Radiation |
|
$ |
65,094 |
CAP-313 |
|
Brain Tumor Research Center |
|
$ |
6,001 |
CAP-314 |
|
Engineering Center Net Shape Manufacturing |
|
$ |
20,730 |
CAP-315 |
|
Membrane Protein Typology |
|
$ |
8,835 |
CAP-316 |
|
Instructional and Data Processing Equipment |
|
$ |
198,844 |
CAP-321 |
|
Fine Particle Technologies
|
|
$ |
157,936 |
CAP-323 |
|
Advanced Plasma Engineering |
|
$ |
22,379 |
CAP-324 |
|
Plasma Ramparts |
|
$ |
1,150 |
CAP-326 |
|
IN-SITU AL-BE Composites |
|
$ |
1,733 |
CAP-335 |
|
Jay Cooke Residence - Roof and Windows |
|
$ |
86,668 |
CAP-347 |
|
Asbestos Abatement |
|
$ |
5,325 |
CAP-349 |
|
Materials Network |
|
$ |
91,983 |
CAP-350 |
|
Bio-Technology Consortium |
|
$ |
42,378 |
CAP-352 |
|
Analytical Electron Microscope |
|
$ |
375,000 |
CAP-353 |
|
High Temp Alloys
& Alluminoids |
|
$ |
220,000 |
CAP-357 |
|
Supplemental Renovations - ATI |
|
$ |
33,969 |
CAP-361 |
|
Maintenance, Receiving, and Storage Facility - Marion |
|
$ |
58,646 |
CAP-362 |
|
McPherson Lab Rehabilitation
|
|
$ |
10,278 |
CAP-368
|
|
Heart and Lung Institute |
|
$ |
101,808 |
CAP-374 |
|
ADA Modifications |
|
$ |
178,870 |
CAP-375 |
|
ADA Modifications - ATI |
|
$ |
41,936 |
CAP-376 |
|
ADA Modifications - Lima |
|
$ |
95,538 |
CAP-377 |
|
ADA Modifications - Mansfield |
|
$ |
15,253 |
CAP-387 |
|
Titanium Alloys |
|
$ |
54,912 |
CAP-394 |
|
ATI/OARDC Roof Replacements |
|
$ |
13,913 |
CAP-398 |
|
Advanced Manufacturing |
|
$ |
38,579 |
CAP-399 |
|
Manufacturing Processes/Materials |
|
$ |
62,574 |
CAP-401 |
|
Terhertz Studies |
|
$ |
35,294 |
CAP-406 |
|
Marion Park/Road/Sidewalk/Lights |
|
$ |
2,750 |
CAP-413 |
|
Pomerene Lighting/Wiring |
|
$ |
249,584 |
CAP-419 |
|
NMR Consortium |
|
$ |
75,116 |
CAP-420 |
|
Versatile Film Facility |
|
$ |
62,872 |
CAP-421 |
|
OCARNET |
|
$ |
5,916 |
CAP-422 |
|
Bioprocessing Research |
|
$ |
1,905 |
CAP-423 |
|
Localized Corrosion Research |
|
$ |
6,128 |
CAP-424 |
|
ATM Testbed |
|
$ |
3,633 |
CAP-425 |
|
Physical Sciences Building |
|
$ |
27,748 |
CAP-427 |
|
Morrill Hall Remodeling - Vacated Library Space - Marion |
|
$ |
1,347,191 |
CAP-431 |
|
Sisson Hall Replacement |
|
$ |
5,571 |
CAP-436 |
|
Machinery Acoustics |
|
$ |
3,804 |
CAP-439 |
|
Sensors and
Measurements |
|
$ |
15,115 |
CAP-440 |
|
Polymer Magnets |
|
$ |
1,099 |
CAP-458 |
|
A1 Alloy Corrosion |
|
$ |
14,292 |
CAP-484 |
|
Page Hall Planning |
|
$ |
7,210 |
CAP-485 |
|
Botany
& Zoology Building Planning |
|
$ |
207,932 |
CAP-486 |
|
Larkins Hall Addition/Renovation Planning |
|
$ |
26,206 |
CAP-487 |
|
Robinson Laboratory Planning |
|
$ |
149,100 |
CAP-488 |
|
Don Scott Field Replacement Barns |
|
$ |
1,495,619 |
CAP-489 |
|
Galvin Hall 3rd Floor Renovation - Lima |
|
$ |
22,135 |
CAP-491 |
|
Horticultural Operations Center - ATI |
|
$ |
1,474,400 |
CAP-492 |
|
OARDC Feed Mill |
|
$ |
5,598,644 |
CAP-499 |
|
Biological Sciences Cooling Tower |
|
$ |
6,930 |
CAP-509 |
|
Mount Hall HVAC Modifications |
|
$ |
40,982 |
CAP-519 |
|
Ohio Biomedical Consortium on Medical
Therapeutic Micro Devices |
|
$ |
49,275 |
CAP-520 |
|
Plant and Microbe Functional Genomics
Facilities |
|
$ |
16,259 |
CAP-523 |
|
Consortium for Novem Microfabrications
Methods of Medical Devices in Non-Silicon Materials |
|
$ |
193,886 |
CAP-524 |
|
Bone
& Mineral Metabolism Research Lab |
|
$ |
5,845 |
CAP-531 |
|
Animal
& Plant Biology Level 3 |
|
$ |
8,133,780 |
CAP-534 |
|
Main Library Rehabilitation |
|
$ |
9,320,846 |
CAP-535 |
|
Psychology Building
|
|
$ |
2,128,529 |
CAP-536 |
|
Thorne Hall and Gowley Hall Renovations - Phase 3 |
|
$ |
199,799 |
CAP-539 |
|
Nanosecond Infrared Measurement |
|
$ |
2,588 |
CAP-550 |
|
Millimeter/Submillimeter Instrument |
|
$ |
5,919 |
CAP-552 |
|
X-Ray Powder Diffractometer |
|
$ |
558 |
CAP-554 |
|
Deconvolution Microscope |
|
$ |
1,101 |
CAP-556 |
|
Heart/Lung Institute Animal Facility |
|
$ |
13,140 |
CAP-564 |
|
Denney Hall Renovation - Phase I |
|
$ |
18,495 |
CAP-565 |
|
Ion Mass Spectrometry |
|
$ |
6,594 |
CAP-568 |
|
Role of Molecular Interfaces |
|
$ |
17,554 |
CAP-572 |
|
New Millimeter Spectrometer |
|
$ |
714 |
CAP-574 |
|
Noncredit Job Training - Marion |
|
$ |
2,933 |
CAP-576 |
|
1224 Kinnear Road - Bale |
|
$ |
11,722 |
CAP-577 |
|
Non-Silicon Micromachining |
|
$ |
73,991 |
CAP-579 |
|
Veterinary Hospital Auditorium Renovation |
|
$ |
7,736 |
CAP-586 |
|
Electroscience Lab Renovation |
|
$ |
5,853 |
CAP-587 |
|
OARDC Boiler Replacement |
|
$ |
622,757 |
CAP-590 |
|
Supercomputer Center Expansion |
|
$ |
6,804,275 |
CAP-596 |
|
Information Literacy |
|
$ |
135,574 |
CAP-597 |
|
Online Business Major |
|
$ |
5,768 |
CAP-599 |
|
Renovation of Graves Hall |
|
$ |
68,196 |
CAP-602 |
|
OARDC Wooster Phone System Replacement |
|
$ |
467,398 |
CAP-605 |
|
Utility - North Tunnel Steamline Upgrade |
|
$ |
111,981 |
CAP-608 |
|
Dual Beam Characterization |
|
$ |
150,000 |
CAP-616 |
|
Environmental Technology Consortium |
|
$ |
11,297 |
CAP-617 |
|
Campbell, University, and Evans Hall |
|
$ |
87,439 |
CAP-620 |
|
School of Music - Planning |
|
$ |
1,500 |
CAP-622 |
|
Western Branch Headquarters & Machinery Building |
|
$ |
779,525 |
CAP-624 |
|
Muck Crops Branch/Shop Building Replacement |
|
$ |
756,336 |
CAP-625 |
|
Hazardous Waste Handling/Storage Building |
|
$ |
1,103,062 |
CAP-626 |
|
Agriculture/Engineering Building Renovation & Addition |
|
$ |
200,000 |
CAP-628 |
|
Wood County Center for Agriculture |
|
$ |
1,000,000 |
CAP-629 |
|
Community Heritage Art Gallery - Lima |
|
$ |
100,000 |
CAP-631 |
|
Health Psychology |
|
$ |
250,000 |
CAP-632 |
|
Nanotechnology Molecular Assembly |
|
$ |
500,000 |
CAP-633 |
|
Networking and Communication |
|
$ |
500,000 |
CAP-634 |
|
Planetary Gear |
|
$ |
125,000 |
CAP-635 |
|
X-Ray Fluorenscence Spectrometer |
|
$ |
2,283 |
CAP-636 |
|
Precision Navigation |
|
$ |
85,000 |
CAP-637 |
|
Welding & Metal Working |
|
$ |
200,000 |
CAP-638 |
|
Spin Driven Electronics |
|
$ |
6,436 |
CAP-639 |
|
Inductively Coupled Plasma Etching |
|
$ |
126,729 |
CAP-641 |
|
Accelerated Metals |
|
$ |
1,020,331 |
CAP-642 |
|
Mathematical Biosciences Institute |
|
$ |
54,863 |
CAP-646 |
|
Mershon Auditorium HVAC System
Improvements |
|
$ |
2,098 |
CAP-647 |
|
Molecular Microdevices |
|
$ |
14,033 |
CAP-648 |
|
Research Center HVAC System Improvements |
|
$ |
17,088 |
CAP-649 |
|
Infrared Absorption Measurements |
|
$ |
2,899 |
CAP-650 |
|
Dark Fiber |
|
$ |
3,983,440 |
CAP-651 |
|
Shared Data Backup System |
|
$ |
20,922 |
CAP-653 |
|
Third Frontier Network Testbed |
|
$ |
280,564 |
CAP-654 |
|
Distributed Learning Workshop |
|
$ |
270,000 |
CAP-656 |
|
Accelerated Maturation of Materials |
|
$ |
209,702 |
CAP-657 |
|
Nanoscale Polymers Manufacturing |
|
$ |
629,699 |
CAP-658 |
|
Hydrogen Production and Storage |
|
$ |
32,396 |
CAP-659 |
|
Ohio Organic Semiconductor |
|
$ |
367,587 |
CAP-663 |
|
Comprehensive Cancer - Chiller Replacement |
|
$ |
42,687 |
CAP-664 |
|
Kottman Hall - 103 Central Classroom |
|
$ |
19,285 |
CAP-668 |
|
West Campus Chilled Water & Scott Hall |
|
$ |
16,139 |
CAP-669 |
|
McCracken Power Plant Spill Control |
|
$ |
268,508 |
CAP-670 |
|
Glacial Assessment |
|
$ |
22,764 |
CAP-672 |
|
Chemical Vapor Deposition |
|
$ |
13,500 |
CAP-674 |
|
Parks Hall Chiller Replacement |
|
$ |
135,360 |
CAP-675 |
|
Hybrid Electric Vehicle Modeling |
|
$ |
504,536 |
CAP-676 |
|
Computational Nanotechnology |
|
$ |
500,000 |
CAP-677 |
|
Townshend Hall - Roof Replacement |
|
$ |
328,772 |
CAP-678 |
|
Center For Materials Design |
|
$ |
1,037 |
CAP-681 |
|
Vet Hospital Roof Replacement Phase II |
|
$ |
85,645 |
CAP-682 |
|
Hopkins Hall Phase II Priorities I, II |
|
$ |
108,052 |
CAP-683 |
|
Bioscience 6th Floor Renovation - Priority |
|
$ |
983,186 |
CAP-684 |
|
Ohio Commons For Digital Education |
|
$ |
118,924 |
CAP-685 |
|
Postle Hall Fire Alarm Replacement |
|
$ |
116,441 |
CAP-686 |
|
NonCredit Job Education & Training |
|
$ |
21,104 |
CAP-687 |
|
Campus South Dorms Renovation/Improvements |
|
$ |
950,000 |
CAP-688 |
|
Bricker Hall Roof Replacement |
|
$ |
23,123 |
CAP-694 |
|
Neuroscience Center Core |
|
$ |
193,991 |
CAP-696 |
|
Campus Grounds-Exterior Lighting - Phase VIII |
|
$ |
33,814 |
CAP-697 |
|
930 Kinnear Road Renovations |
|
$ |
773,303 |
CAP-698 |
|
Waterman Lab & Don Scott Field |
|
$ |
652,752 |
CAP-699 |
|
Lincoln Tower Renovations - Phase 1 |
|
$ |
477,626 |
CAP-700 |
|
Coe Corrosion Coop |
|
$ |
58,750 |
CAP-701 |
|
OSU Cancer Program Expansion |
|
$ |
2,000,000 |
CAP-702 |
|
Smith Laboratory Rehabilitation |
|
$ |
2,800,000 |
CAP-704 |
|
Warner Library and Student Center |
|
$ |
1,789,324 |
CAP-705 |
|
Hopewell Hall Science Suite |
|
$ |
508,408 |
CAP-706 |
|
Atomic Force Microscopy |
|
$ |
180,000 |
CAP-707 |
|
Interactive Applications |
|
$ |
463,018 |
CAP-712 |
|
OSU Mansfield - Third Street Project |
|
$ |
234,000 |
CAP-714 |
|
Health Psychology |
|
$ |
150,000 |
CAP-716 |
|
Ohio Bioproducts Innovation Center |
|
$ |
9,689,847 |
CAP-717 |
|
Center for Materials Design |
|
$ |
602,615 |
CAP-718 |
|
Specialized Planetary Gears |
|
$ |
150,000 |
CAP-719 |
|
OSU Agricultural Building |
|
$ |
1,500,000 |
CAP-720 |
|
Automated Afm System |
|
$ |
180,000 |
CAP-721 |
|
Integrated Wireless Communication |
|
$ |
141,000 |
Total Ohio State University |
|
$ |
105,955,671 |
The amount reappropriated for the foregoing appropriation item CAP-074, Basic Renovations, is the sum of the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-074, Basic Renovations, plus $6,927.
OARDC THORNE & GOURLEY HALL
The amount reappropriated for the foregoing appropriation item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007.
WOOD COUNTY CENTER FOR AGRICULTURE
Of the foregoing appropriation item CAP-628, Wood County Center for Agriculture, up to $300,000 shall be used for building renovations to the OSU Extension Office/Ag Business Enhancement Center.
The remainder of appropriation item CAP-628, Wood County Center for Agriculture, shall be used for an alternative energy generation project at the East Gypsy Lane Complex in Wood County or an agricultural energy facility recommended by the Wood County commissioners.
Section 605.06. That existing Section 252.70 of Am. Sub. H.B. 530 of the 126th General Assembly is hereby repealed.
Section 605.11. That Section 235.30 of Am. Sub. H.B. 530 of the 126th General Assembly, as amended by Sub. H.B. 251 of the 126th General Assembly, be amended to read as follows:
Sec. 235.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-809 |
|
Hazardous Substance Abatement |
|
$ |
1,609,476 |
CAP-811 |
|
Health/EPA Laboratory Facilities |
|
$ |
1,116,354 |
CAP-822 |
|
Americans with Disabilities Act |
|
$ |
1,598,416 |
CAP-826 |
|
Office Services Building Renovation |
|
$ |
86,483 |
CAP-827 |
|
Statewide Communications System |
|
$ |
16,943,803 |
CAP-834 |
|
Capital Project Management System |
|
$ |
1,157,600 |
CAP-835 |
|
Energy Conservation Projects |
|
$ |
4,490,085 |
CAP-837 |
|
Major Computer Purchases |
|
$ |
1,476,068 |
CAP-838 |
|
SOCC Renovations |
|
$ |
1,399,122 |
CAP-844 |
|
Hamilton State/Local Government Center -
Planning |
|
$ |
57,500 |
CAP-849 |
|
Facility Planning and Development |
|
$ |
3,492,200 |
CAP-850 |
|
Education Building Renovations |
|
$ |
14,649 |
CAP-852 |
|
North High Building Complex Renovations |
|
$ |
11,534,496 |
CAP-855 |
|
Office Space Planning |
|
$ |
5,274,502 |
CAP-856 |
|
Governor's Residence Security Update |
|
$ |
6,433 |
CAP-859 |
|
eSecure Ohio |
|
$ |
2,626,921 |
CAP-860 |
|
Structured Cabling |
|
$ |
403,518 |
CAP-864 |
|
eGovernment Infrastructure |
|
$ |
1,297,400 |
CAP-865 |
|
DAS Building Security |
|
$ |
140,852 |
CAP-866 |
|
OH*1 Network |
|
$ |
4,000,000 |
CAP-867 |
|
Lausche Building Connector |
|
$ |
1,307,200 |
CAP-868 |
|
Riversouth Development |
|
$ |
18,500,000 |
Total Department of Administrative Services |
|
$ |
78,533,078 |
HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES
The foregoing appropriation item CAP-809, Hazardous Substance
Abatement, shall be used to fund the removal of asbestos, PCB,
radon gas, and other contamination hazards from state facilities.
Prior to the release of funds for asbestos abatement, the
Department of Administrative Services shall review proposals from
state agencies to use these funds for asbestos abatement projects
based on criteria developed by the Department of Administrative
Services. Upon a determination by the Department of
Administrative
Services that the requesting agency cannot fund the
asbestos
abatement project or other toxic materials removal
through
existing capital and operating appropriations, the
Department may
request the release of funds for such projects by
the Controlling
Board. State agencies intending to fund asbestos
abatement or
other toxic materials removal through existing
capital and
operating appropriations shall notify the Director of
Administrative Services of the nature and scope prior to
commencing the project.
Only agencies that have received appropriations for capital
projects from the Administrative Building Fund (Fund 026) are
eligible to receive funding from this item. Public school
districts are not eligible.
IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT
The foregoing appropriation item CAP-822, Americans with
Disabilities Act, shall be used to renovate state-owned facilities
to provide access for physically disabled persons in accordance
with Title II of the Americans with Disabilities Act.
Prior to the release of funds for renovation, state agencies
shall
perform self-evaluations of state-owned facilities
identifying
barriers to access to service. State agencies shall
prioritize
access barriers and develop a transition plan for the
removal of
these barriers. The Department of Administrative
Services shall
review proposals from state agencies to use these
funds for
Americans with Disabilities Act renovations.
Only agencies that have received appropriations for capital
projects from the Administrative Building Fund (Fund 026) are eligible
to receive funding from this item. Public school districts are
not
eligible.
MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM
There is hereby continued a Multi-Agency Radio Communications
System (MARCS) Steering Committee consisting of the designees of
the
Directors of the Office of Information Technology, Public Safety, Natural
Resources, Transportation, Rehabilitation and Correction, and
Budget and Management. The Director of the Office of Information Technology or
the Director's designee shall chair the Committee. The Committee
shall provide assistance to the Director of the Office of Information Technology for effective and efficient implementation of the MARCS
system as well as develop policies for the ongoing management of
the system. Upon dates prescribed by the Directors of
the Office of Information Technology and Budget and Management, the MARCS
Steering Committee shall report to the Directors on the
progress
of MARCS implementation and the development of policies
related to
the system.
The foregoing appropriation item CAP-827, Statewide
Communications
System, shall be used to purchase or construct the
components of
MARCS that are not
specific to any one agency. The
equipment may include, but is not
limited to, multi-agency
equipment at the Emergency Operations
Center/Joint Dispatch
Facility, computer and telecommunication
equipment used for the
functioning and integration of the system,
communications towers,
tower sites, tower equipment, and
linkages among towers and
between towers and the State of Ohio
Network for Integrated
Communication (SONIC) system. The Director
of the Office of Information Technology State Chief Information Officer shall, with the concurrence of the
MARCS Steering
Committee, determine the specific use of funds.
The amount reappropriated for the foregoing appropriation item CAP-827, Statewide Communications System, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-827, Statewide Communications System, plus $623,665.11.
Spending from this appropriation item shall not be subject to
Chapters 123. and 153. of the Revised Code.
ENERGY CONSERVATION PROJECTS
The foregoing appropriation item CAP-835, Energy Conservation
Projects, shall be used to perform energy conservation
renovations, including the United States Environmental Protection
Agency's Energy Star Program, in state-owned facilities. Prior to
the release of funds for renovation, state agencies shall have
performed a comprehensive energy audit for each project. The
Department of Administrative Services shall review and approve
proposals from state agencies to use these funds for energy
conservation.
Public school districts and state-supported and
state-assisted
institutions of higher education are not eligible
for funding from
this item.
The amount reappropriated for the foregoing appropriation item CAP-835, Energy Conservation Projects, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-835, Energy Conservation Projects, plus $3,600,000.
NORTH HIGH BUILDING COMPLEX RENOVATIONS
The amount reappropriated for the foregoing appropriation item CAP-852, North High Building Complex Renovations, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-852, North High Building Complex Renovations, plus the sum of the unencumbered and unallotted balance for appropriation item CAP-813, Heer Building Renovation as of June 30, 2006.
Section 605.12. That existing Section 235.30 of Am. Sub. H.B. 530 of the 126th General Assembly, as amended by Sub. H.B. 251 of the 126th General Assembly is hereby repealed.
Section 605.17. That Sections 227.10, 235.10.50, 235.50.80, and 329.10 of Am. Sub. H.B. 699 of the 126th General Assembly be amended to read as follows:
Sec. 227.10. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit
of the Cultural and Sports Facilities Building Fund (Fund 030), that are not
otherwise appropriated.
AFC CULTURAL FACILITIES COMMISSION
CAP-734 |
|
Hayes Center Renov & Repairs |
|
$ |
300,000 |
CAP-745 |
|
Renovations and Repairs |
|
$ |
850,000 |
CAP-763 |
|
Historic Site Signage |
|
$ |
250,000 |
CAP-770 |
|
Serpent Mound Improvements |
|
$ |
340,000 |
CAP-781 |
|
Information Technology Project |
|
$ |
364,000 |
CAP-784 |
|
Center Rehabilitation |
|
$ |
1,035,000 |
CAP-803 |
|
Digitization of Collections |
|
$ |
300,000 |
CAP-809 |
|
Exhibit Replace/Orientation |
|
$ |
415,000 |
CAP-910 |
|
Collections Facility Planning |
|
$ |
1,240,000 |
CAP-911 |
|
W.P. Snyder Restoration |
|
$ |
876,000 |
CAP-912 |
|
Lockington Locks Restoration |
|
$ |
172,000 |
CAP-913 |
|
Huntington Park |
|
$ |
7,000,000 |
CAP-914 |
|
Schuster Center for the Performing Arts |
|
$ |
5,500,000 |
CAP-916 |
|
Cincinnati Symphony Orchestra - Riverbend |
|
$ |
3,000,000 |
CAP-917 |
|
Marina District Amphitheatre |
|
$ |
2,900,000 |
CAP-918 |
|
Cincinnati Museum Center |
|
$ |
2,000,000 |
CAP-919 |
|
National Underground Railroad Freedom Center |
|
$ |
2,000,000 |
CAP-920 |
|
Cincinnati Sports Facility Improvements |
|
$ |
2,000,000 |
CAP-921 |
|
Pro Football Hall of Fame |
|
$ |
1,650,000 |
CAP-922 |
|
Heritage Center of Dayton Manufacturing & Entrepreneurship |
|
$ |
1,300,000 |
CAP-923 |
|
Western Reserve Historical Society |
|
$ |
1,000,000 |
CAP-925 |
|
COSI Columbus |
|
$ |
1,000,000 |
CAP-926 |
|
Columbus Museum of Art |
|
$ |
1,000,000 |
CAP-927 |
|
Mason ATP Tennis Center |
|
$ |
1,300,000 |
CAP-928 |
|
Stan Hywet Hall and Gardens |
|
$ |
1,175,000 |
CAP-929 |
|
Akron Art Museum |
|
$ |
1,000,000 |
CAP-930 |
|
Sauder Village |
|
$ |
830,000 |
CAP-931 |
|
Horvitz Center for the Arts |
|
$ |
750,000 |
CAP-932 |
|
Ensemble Theatre |
|
$ |
750,000 |
CAP-933 |
|
Voice of America Museum |
|
$ |
750,000 |
CAP-934 |
|
Cleveland Steamship Mather |
|
$ |
600,000 |
CAP-935 |
|
Cuyahoga County Soldiers' and Sailors Monument |
|
$ |
500,000 |
CAP-936 |
|
King-Lincoln Arts & Entertainment District |
|
$ |
500,000 |
CAP-937 |
|
Art Academy of Cincinnati |
|
$ |
500,000 |
CAP-938 |
|
Great Lakes Historical Society |
|
$ |
500,000 |
CAP-939 |
|
McKinley Museum |
|
$ |
425,000 |
CAP-940 |
|
Charles A. Eulett Education Center and Appalachian Museum |
|
$ |
300,000 |
CAP-942 |
|
Davis Shai Historical Facility |
|
$ |
300,000 |
CAP-943 |
|
Massillon Museum |
|
$ |
275,000 |
CAP-944 |
|
The Mandel Center |
|
$ |
250,000 |
CAP-945 |
|
Worthington Arts Center |
|
$ |
250,000 |
CAP-946 |
|
CCAD |
|
$ |
250,000 |
CAP-947 |
|
BalletMet |
|
$ |
250,000 |
CAP-948 |
|
Stambaugh Hall Improvements |
|
$ |
250,000 |
CAP-949 |
|
Youngstown Symphony Orchestra |
|
$ |
250,000 |
CAP-950 |
|
Wood County Historical Center & Museum |
|
$ |
220,000 |
CAP-951 |
|
Harding Memorial |
|
$ |
210,000 |
CAP-952 |
|
Cincinnati Ballet |
|
$ |
200,000 |
CAP-953 |
|
City of Avon Stadium Complex |
|
$ |
200,000 |
CAP-954 |
|
Renaissance Performing Arts Center |
|
$ |
200,000 |
CAP-956 |
|
Oxford Arts Center Historic Renovation |
|
$ |
174,000 |
CAP-957 |
|
Wayne County Historical Society - Lincoln Highway |
|
$ |
170,000 |
CAP-958 |
|
Maumee Valley Historical Society |
|
$ |
150,000 |
CAP-959 |
|
Trumbull County Historical Society |
|
$ |
150,000 |
CAP-960 |
|
First Lunar Flight Project |
|
$ |
25,000 |
CAP-961 |
|
Holmes County Historical Society Improvements |
|
$ |
140,000 |
CAP-962 |
|
Canal Winchester Historical Society |
|
$ |
125,000 |
CAP-963 |
|
Ukrainian Museum |
|
$ |
100,000 |
CAP-964 |
|
Gordon Square Arts District |
|
$ |
100,000 |
CAP-965 |
|
Moreland Theatre Renovation |
|
$ |
100,000 |
CAP-966 |
|
Karamu House |
|
$ |
100,000 |
CAP-967 |
|
Symmes Township Historical Society - Ross House |
|
$ |
100,000 |
CAP-968 |
|
Springfield Veterans Park Amphitheatre |
|
$ |
100,000 |
CAP-969 |
|
Gallia County Historical Genealogical Society |
|
$ |
100,000 |
CAP-970 |
|
Gallia County French Art Colony |
|
$ |
100,000 |
CAP-971 |
|
The Octagon House |
|
$ |
100,000 |
CAP-972 |
|
Vinton County Stages - Pavilion Project |
|
$ |
100,000 |
CAP-973 |
|
County Line Historical Society (Wayne/Holmes) |
|
$ |
100,000 |
CAP-974 |
|
Paul Brown Museum |
|
$ |
75,000 |
CAP-975 |
|
The Works - Ohio Center for History, Art and Technology |
|
$ |
75,000 |
CAP-976 |
|
Van Wert Historical Society |
|
$ |
70,000 |
CAP-977 |
|
Indian Mill Renovations |
|
$ |
66,000 |
CAP-978 |
|
Hale Farm & Village |
|
$ |
50,000 |
CAP-979 |
|
Howe House Historic Site |
|
$ |
50,000 |
CAP-980 |
|
Beavercreek Community Theatre |
|
$ |
50,000 |
CAP-981 |
|
Jamestown Opera House |
|
$ |
50,000 |
CAP-982 |
|
Johnny Appleseed Museum |
|
$ |
50,000 |
CAP-983 |
|
Vinton County Historical Society - Alice's House Project |
|
$ |
50,000 |
CAP-984 |
|
Woodward Opera House |
|
$ |
50,000 |
CAP-985 |
|
Little Brown Jug Facility Improvements |
|
$ |
50,000 |
CAP-986 |
|
Applecreek Historical Society |
|
$ |
50,000 |
CAP-987 |
|
Wyandot Historic Building Renovation |
|
$ |
50,000 |
CAP-988 |
|
Galion Historic Big Four Depot Restoration |
|
$ |
30,000 |
CAP-989 |
|
Bucyrus Historic Depot Renovations |
|
$ |
30,000 |
CAP-990 |
|
Myers Historical Stagecoach Inn Renovation |
|
$ |
25,000 |
CAP-991 |
|
Arts West Performing Arts Center |
|
$ |
25,000 |
CAP-992 |
|
Chester Academy Historic Building |
|
$ |
25,000 |
CAP-993 |
|
Portland Civil War Museum and Historic Displays |
|
$ |
25,000 |
CAP-994 |
|
Morgan County Historic Opera House |
|
$ |
25,000 |
CAP-996 |
|
Crawford Antique Museum |
|
$ |
9,000 |
CAP-997 |
|
Monroe City Historical Society Building Repairs |
|
$ |
5,000 |
CAP-998 |
|
Wright-Dunbar Historical |
|
$ |
250,000 |
CAP-041 |
|
Cleveland Playhouse |
|
$ |
200,000 |
CAP-081 |
|
Hip Klotz Memorial Facility Improvements |
|
$ |
150,000 |
CAP-082 |
|
Music Hall Garage |
|
$ |
1,000,000 |
CAP-083 |
|
AB Graham Center |
|
$ |
40,000 |
CAP-084 |
|
Bradford Ohio Railroad Museum Restoration |
|
$ |
30,000 |
CAP-085 |
|
WACO Aircraft Museum |
|
$ |
30,000 |
CAP-086 |
|
Fort Recovery Renovations |
|
$ |
100,000 |
CAP-087 |
|
Columbus Children's Hospital Amphitheater |
|
$ |
1,000,000 |
Total Cultural Facilities Commission |
|
$ |
55,296,000 55,096,000 |
TOTAL Cultural and Sports Facilities Building Fund |
|
$ |
55,296,000 55,096,000 |
Sec. 235.10.50. THIRD FRONTIER WRIGHT CAPITAL
Notwithstanding sections 151.01 and 151.04 of the Revised Code, of the foregoing appropriation item CAP-068, Third Frontier Wright Capital, up to $11,400,000 in fiscal year 2008 shall be used by the Office of Information Technology, in partnership with the Ohio Supercomputer Center's OSCnet, to acquire the equipment and services necessary to migrate state agencies' network to the existing OSCnet network backbone. This state network shall be known as the NextGen Network.
The remainder of foregoing appropriation item CAP-068, Third Frontier Wright Capital, shall be used to acquire, renovate, or construct
facilities and purchase equipment for research programs, technology
development, product development, and commercialization programs
at or involving state-supported and state-assisted institutions of
higher education. The funds shall be used to make grants awarded
on a competitive basis, and shall be administered by the Third
Frontier Commission. Expenditure of these funds shall comply with
Section 2n of Article VIII, Ohio Constitution, and sections 151.01
and 151.04 of the Revised Code for the period beginning July 1,
2006, and ending June 30, 2008.
The Third Frontier Commission shall develop guidelines
relative to the application for and selection of projects funded
from appropriation item CAP-068, Third Frontier Wright Capital. The
Commission may develop these guidelines in consultation with other
interested parties. The Board of Regents and all state-assisted
and state-supported institutions of higher education shall take
all actions necessary to implement grants awarded by the Third
Frontier Commission.
The foregoing appropriation item CAP-068, Third Frontier Wright Capital, for which an appropriation is made from the Higher
Education Improvement Fund (Fund 034), is determined to consist of
capital improvements and capital facilities for state-supported
and state-assisted institutions of higher education, and is
designated for the capital facilities to which proceeds of
obligations in the Higher Education Improvement Fund (Fund 034)
are to be applied.
Sec. 235.50.80. STC STARK TECHNICAL COLLEGE
CAP-004 |
|
Basic Renovations |
|
$ |
277,804 |
CAP-039 |
|
Health & Science Building |
|
$ |
5,097,338 |
Total Stark Technical College |
|
$ |
5,375,142 |
Total Board of Regents and |
|
|
|
Institutions of Higher Education |
|
$ |
578,636,534 578,836,534 |
TOTAL Higher Education Improvement Fund |
|
$ |
579,946,534 580,146,534 |
Sec. 329.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT
The Ohio Administrative Knowledge System (OAKS) shall be an
enterprise resource planning system that replaces the state's
central services infrastructure systems, including the Central
Accounting System, the Human Resources/Payroll System, the Capital
Improvements Projects Tracking System, the Fixed Assets Management
System, and the Procurement System. The Department of
Administrative Services, in conjunction with the Office of Budget
and Management, Office of Information Technology may acquire the system, including, but not limited
to, the enterprise resource planning
software and installation and
implementation thereof pursuant to
Chapter 125. of the Revised
Code. Any lease-purchase arrangement
utilized under Chapter 125.
of the Revised Code, including any fractionalized interest therein as defined in division (N) of section 133.01 of the Revised Code, shall provide at
the end of the lease period
that OAKS shall become the property of
the state.
Section 605.18. That existing Sections 227.10, 235.10.50, 235.50.80, and 329.10 of Am. Sub. H.B. 699 of the 126th General Assembly are hereby repealed.
Section 605.20. That Section 235.20.20 of Am. Sub. H.B. 699 of the 126th General Assembly, as subsequently amended by Am. Sub. H.B. 67 of the 127th General Assembly, be amended to read as follows:
Sec. 235.20.20. CLS CLEVELAND STATE UNIVERSITY
CAP-023 |
|
Basic Renovations |
|
$ |
3,796,031 |
CAP-125 |
|
College of Education |
|
$ |
10,115,719 |
CAP-148 |
|
Cleveland Institute of Art |
|
$ |
1,000,000 |
CAP-155 |
|
Cleveland Playhouse |
|
$ |
200,000 |
CAP-163 |
|
Anthropology Department Renovations/Relocation |
|
$ |
400,000 |
CAP-164 |
|
Chester Building Annex Demolition |
|
$ |
921,583 |
CAP-165 |
|
Bakers Building Renovations |
|
$ |
1,328,583 |
CAP-167 |
|
Cleveland State University Windtower Generator Project |
|
$ |
400,000 |
CAP-168 |
|
Kenston Wind Turbine Project in Geauga (CSU Engineering Department) |
|
$ |
300,000 |
Total Cleveland State University |
|
$ |
18,261,916 18,461,916 |
Section 605.21. That existing Section 235.20.20 of Am. Sub. H.B. 699 of the 126th General Assembly, as subsequently amended by Am. Sub. H.B. 67 of the 127th General Assembly, is hereby repealed.
Section 605.23. That Section 203.20 of Sub. S.B. 321 of the 126th General Assembly be amended to read as follows:
Sec. 203.20. AGO ATTORNEY GENERAL
Tobacco Master Settlement Agreement Fund Group
J87 |
055-635 |
|
Law Enforcement Technology, Training, and Facility Enhancements |
|
$ |
620,000 |
|
$ |
0 3,350,000 |
U87 |
055-402 |
|
Tobacco Settlement Oversight, Administration, and Enforcement |
|
$ |
673,797 |
|
$ |
723,797 |
TOTAL
TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
1,293,797 |
|
$ |
723,797 4,073,797 |
TOTAL
ALL BUDGET FUND GROUPS |
|
$ |
1,293,797 |
|
$ |
723,797 |
|
|
|
|
|
|
4,073,797 |
Section 605.24. That existing Section 203.20 of Sub S.B. 321 of the 126th General Assembly is hereby repealed.
Section 621.05. That Section 153 of Am. Sub. H.B. 117 of the 121st General Assembly, as most recently amended by Am. Sub. H.B. 66 of the 126th General Assembly, be amended to read as follows:
Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04,
5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,
5112.18, 5112.19,
5112.21, and 5112.99 of the Revised
Code
are
hereby
repealed, effective
October 16, 2007 2009.
(B) Any money remaining in the Legislative Budget Services
Fund
on
October 16, 2007 2009, the date that section
5112.19 of the
Revised
Code is repealed by division
(A) of this
section, shall be
used
solely for the purposes
stated in then
former section 5112.19
of
the Revised Code. When all
money in the
Legislative Budget
Services Fund has been spent after then former
section 5112.19 of
the
Revised Code is repealed under division (A)
of this section,
the fund shall
cease to exist.
Section 621.06. That existing Section 153 of Am. Sub. H.B. 117 of the 121st General Assembly, as most recently amended by Am. Sub. H.B. 66 of the 126th General Assembly, is hereby repealed.
Section 631.04. That Section 3 of Am. Sub. H.B. 694 of the 126th General Assembly is hereby repealed.
Section 631.05. The amendments to sections 3517.13 and 3517.992 of the Revised Code by Am. Sub. H.B. 694 of the 126th General Assembly shall apply only to contributions made on or after January 1, 2007.
Section 631.06. The provisions of sections 631.04 and 631.05 of this act clarify the General Assembly's original intent in enacting Am. Sub. H.B. 694 of the 126th General Assembly, are remedial in nature, and apply to contracts awarded on or after the effective date of that act.
Section 701.10. Not later than thirty days after the effective date of this section, the Director of Development shall convene a task force composed of experts from the economic development community, local governments, and consultants involved in the site selection and negotiation process to study the economic development incentives that are available to local governments, regional groups, and the state. Not later than January 1, 2008, the Director shall submit a written report to the Speaker of the House of Representatives and the President of the Senate on the findings of the task force and make recommendations for changes to Ohio's local, regional, and state economic development incentives so that those incentives are more effective in strengthening Ohio's economy and are less complex, faster to implement, and more transparent to the taxpayers of Ohio.
Section 703.10. The Governor's Office of Faith-Based and Community Initiatives, with the assistance of the Advisory Board of the Governor's Office of Faith-Based and Community Initiatives, shall conduct a study of the feasibility and advisability of the Office becoming a private nonprofit entity rather than a part of the Governor's office. The study and any resulting recommendations shall be submitted, not later than July 1, 2008, to the Governor, the Speaker of the House of Representatives, the President of the Senate, and the Minority Leaders of the House of Representatives and the Senate.
Section 706.03. (A) As used in this section, "appointing authority" has the same meaning as in section 124.01 of the Revised Code, and "exempt employee" has the same meaning as in section 124.152 of the Revised Code.
(B) Notwithstanding section 124.181 of the Revised Code, both of the following apply:
(1) In cases where no vacancy exists, an appointing authority may, with the written consent of an exempt employee, assign duties of a higher classification to that exempt employee for a period of time not to exceed two years, and that exempt employee shall receive compensation at a rate commensurate with the duties of the higher classification.
(2) If necessary, exempt employees who are assigned to duties within their agency to maintain operations during the Ohio Administrative Knowledge System (OAKS) implementation may agree to a temporary assignment that exceeds the two-year limit.
Section 737.10. Notwithstanding any provision of law to the contrary, on January 1, 2008, the terms of office of the members of the Sewage Treatment System Technical Advisory Committee created in section 3718.03 of the Revised Code whose terms expire in 2008 and in 2009 shall terminate. The appointing authorities specified in divisions (A)(1), (2), and (3) of that section as amended by this act, the Governor, the President of the Senate, and the Speaker of the House of Representatives, shall appoint new members to the Committee in accordance with that section to replace the members whose terms are terminated. However, members appointed to replace the members whose terms were to expire in 2009 shall be appointed for a term of four years instead of three years as required by section 3718.03 of the Revised Code. Members whose terms expire on January 1, 2008, by the operation of this section may be reappointed by the Governor, President of the Senate, or Speaker of the House of Representatives in accordance with this section and section 3718.03 of the Revised Code.
Section 737.11. (A) There is hereby created the Household Sewage and Small Flow On-Site Sewage Treatment System Study Commission consisting of the following members:
(1) A representative of the Department of Health appointed by the Director of Health;
(2) A representative of the Environmental Protection Agency appointed by the Director of Environmental Protection;
(3) A representative of the Department of Natural Resources appointed by the Director of Natural Resources;
(4) Five members appointed by the Association of Ohio Health Commissioners, one of whom shall be from the northwest region of the state, one of whom shall be from the northeast region of the state, one of whom shall be from the southwest region of the state, one of whom shall be from the southeast region of the state, and one of whom shall be from the central region of the state. In making the appointments, special consideration shall be given to a county in which at least twenty-five per cent of the parcels of land are serviced by sewage treatment systems.
(5) One member appointed by the Association of Ohio Pedologists;
(6) One member appointed by the County Commissioners Association of Ohio;
(7) One member appointed by the County Engineers Association of Ohio;
(8) One member appointed by the Ohio Association of Realtors;
(9) One member appointed by the Ohio Environmental Council;
(10) One member appointed by the Ohio Environmental Health Association;
(11) One member appointed by the Ohio Home Builders Association;
(12) One member appointed by the Ohio Manufactured Housing Association;
(13) One member appointed by the Ohio Onsite Wastewater Association;
(14) One member appointed by the Ohio Precast Concrete Association;
(15) One member appointed by the Ohio Public Health Association;
(16) One member appointed by the Ohio State University Extension;
(17) One member appointed by the Ohio Township Association;
(18) One member appointed by the Ohio Waste Haulers Association;
(19) Three members of the House of Representatives appointed by the Speaker of the House of Representatives, two from the majority party and one from the minority party;
(20) Three members of the Senate appointed by the President of the Senate, two from the majority party and one from the minority party;
(21) One member appointed by the Ohio Farm Bureau Federation;
(22) One member appointed by the Ohio Farmers Union.
(B) All appointments shall be made to the Commission not later than thirty days after the effective date of this section. One member of the Senate and one member of the House of Representatives jointly designated by the President of the Senate and the Speaker of the House of Representatives shall serve as co-chairpersons of the Commission. The Commission shall hold its first meeting not later than sixty days after the effective date of this section and shall hold regular meetings as necessary after the initial meeting.
(C) The Commission shall study issues concerning household sewage treatment systems and small flow on-site sewage treatment systems and shall recommend appropriate legislation to the General Assembly establishing reasonable standards for the siting, design, installation, operation, monitoring, maintenance, and abandonment of household sewage treatment systems and small flow on-site sewage treatment systems for the purpose of preventing public health nuisances. In making recommendations regarding such standards, the Commission shall consider the economic impact of those standards on property owners, the state of technology currently utilized in household sewage treatment systems and small flow on-site sewage treatment systems, and the nature and economics of available alternatives to that technology. The Commission also shall explore and establish recommendations regarding funding sources for and mechanisms for providing assistance to homeowners for paying the cost of compliance with the new proposed standards.
(D) Not later than December 1, 2008, the Commission shall submit a report of its findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Upon the submission of the report, the Commission shall cease to exist.
(E) As used in this section and Section 737.12 of this act, "household sewage treatment system" and "small flow on-site sewage treatment system" have the same meanings as in section 3718.01 of the Revised Code.
Section 737.12. (A) The Director of Health shall issue a report to the Household Sewage and Small Flow On-Site Sewage Treatment System Study Commission created in Section 737.11 of this act that includes recommendations regarding standards for the siting, design, installation, operation, monitoring, maintenance, and abandonment of household sewage treatment systems and small flow on-site sewage treatment systems. The recommendations shall include information concerning the cost and state of technology currently utilized in household sewage treatment systems and small flow on-site sewage treatment systems and the nature and economics of available alternatives to that technology. The Director shall issue the report to the Commission not later than January 1, 2008.
(B) The Director shall conduct a survey of boards of health in this state concerning household sewage treatment system operations and the failure rates of those systems. The Director shall issue a report concerning the survey to the Household Sewage and Small Flow On-Site Sewage Treatment System Study Commission not later than June 1, 2008. Boards of health shall provide, in a timely manner, any and all relevant information pertaining to the household sewage treatment system program that is requested by the Director under this division and that the Director determines to be necessary for completion of the survey.
Section 737.20. In enacting section 5.2235 of the Revised Code, the members of the General Assembly call on the people of this state to recognize the important role that a nutritious diet plays in their health and well-being. The members of the General Assembly are aware that according to the United States Department of Health and Human Services, dietary changes could reduce cancer deaths in the United States by as much as thirty-five per cent. Only twenty-five per cent of American adults eat the recommended servings of fruits and vegetables each day. More than sixty per cent of young Americans eat too much fat, and less than twenty per cent eat the recommended servings of fruits and vegetables. The members of the General Assembly thus encourage all the people of this state to review both the United States Department of Health and Human Services' "Dietary Guidelines for Americans" and the United States Department of Agriculture's food pyramid recommendations and to work toward developing a nutritious lifestyle.
Section 737.21. In enacting section 5.2235 of the Revised Code, the members of the General Assembly also call on the people of this state to make daily exercise a priority. The members of the General Assembly are aware that according to the United States Center for Disease Control and Prevention, twenty-six per cent of all Ohioans report no leisure time or physical activity, and sixty per cent of Ohioans are overweight or obese, which is the thirteenth highest level in the United States. The members of the General Assembly thus encourage individuals, community organizations, local governments, and schools, when holding celebrations, to include physical and athletic activities and to work toward the goal of a state whose citizens are healthy, active, and physically fit.
Section 737.30. The amendment to section 3745.04 of the Revised Code by this act applies to any action of the Director of Environmental Protection that is the subject of an appeal to the Environmental Review Appeals Commission that is already pending on the effective date of the amendment to that section by this act as well as to actions appealed after the effective date of that amendment.
Section 739.10. Section 3905.36 of the Revised Code is amended by this act for the purpose of clarifying the intent of the 126th General Assembly when it amended division (B)(4) of section 3905.36 of the Revised Code. Notwithstanding any provision of section 3905.36 of the Revised Code to the contrary, all agencies and departments of the state or any political subdivision shall apply the legislative intent from this amendment as of January 1, 2007.
Section 745.10. (A) The enactment of section 4517.261 of the Revised Code is intended as a clarification of existing law allowing documentary service charges to be assessed in all retail and wholesale sales and leases of motor vehicles, including those involving a retail installment sale and those not involving a retail installment sale, including leases, cash transactions, and transactions in which consumers obtain their own financing.
(B) The enactment of section 4517.261 of the Revised Code expresses the legislative intent of the General Assembly currently and at the time of the original enactment of the Revised Code by recognizing that motor vehicle dealers may charge, and historically have charged, a documentary service charge in all transactions, including those involving a retail installment sale and those not involving a retail installment sale, including leases, cash transactions, and transactions in which consumers obtain their own financing.
Section 747.10. (A) There is hereby created the Nursing Education Study Committee consisting of the following members:
(1) Two members of the House of Representatives who are members of the same political party as the Speaker of the House of Representatives, to be appointed by the Speaker of the House of Representatives;
(2) One member of the House of Representatives who is a member of the largest political party of which the Speaker of the House of Representatives is not a member, to be appointed by the Speaker of the House of Representatives;
(3) Two members of the Senate who are members of the same political party as the President of the Senate, to be appointed by the President of the Senate, one of whom shall be designated as the temporary chairperson of the Committee;
(4) One member of the Senate who is a member of the largest political party of which the President of the Senate is not a member, to be appointed by the President of the Senate;
(5) One member of the Ohio Nurses Association, to be appointed by the Ohio Nurses Association;
(6) One member of the Licensed Practical Nurse Association of Ohio, to be appointed by the Licensed Practical Nurse Association of Ohio;
(7) One member of the Ohio Board of Nursing, to be appointed by the Ohio Board of Nursing;
(8) One member of the Ohio Board of Regents, to be appointed by the Ohio Board of Regents;
(9) One member of the Ohio Hospital Association, to be appointed by the Ohio Hospital Association;
(10) One member of the Ohio Association of Community Health Agencies, to be appointed by the Ohio Association of Community Health Agencies;
(11) One nursing educator from an associate degree nursing program, to be appointed by the Speaker of the House of Representatives;
(12) One nursing educator from a baccalaureate degree nursing program, to be appointed by the Speaker of the House of Representatives;
(13) One nursing educator from a graduate degree nursing program, to be appointed by the Speaker of the House of Representatives;
(14) One nursing educator from a private university with a nursing education program, to be appointed by the President of the Senate;
(15) One nursing educator from a state university with a nursing education program, to be appointed by the President of the Senate.
(B) Appointments to the Committee shall be made not later than September 1, 2007. Members of the Committee shall serve without compensation.
(C) The member of the Committee designated as the temporary chairperson shall call the initial meeting of the Committee. At that initial meeting, the Committee shall elect a chairperson, by majority vote, from among its members. Thereafter, the chairperson shall call meetings as the chairperson considers necessary for the Committee to carry out its duties.
(D)(1) The Committee shall study the current nurse faculty shortage and the shortage of clinical placement sites for nursing education programs, with a focus on the critical needs of nursing faculty at Ohio's institutions of higher education and alternatives to clinical placement sites.
(2) In conducting the study required under division (D)(1) of this section, the Committee shall consider, but is not limited to, all of the following:
(a) Salary disparities for nursing faculty members as compared to faculty members in other disciplines and as compared to salaries for master's degree-prepared nurses in health care settings;
(b) The feasibility and financial implications of providing a refundable state income tax credit to nursing faculty members for a specified limited period of time;
(c) The feasibility and financial implications of providing assistantships at a stipend level to nurses pursuing master's degrees or doctoral study who agree to become nursing faculty members in Ohio;
(d) The extent to which clinical simulation devices could be used to decrease the number of hours nursing students are required to spend providing care directly to patients in a clinical setting, including the portion of clinical hours that could be obtained in a clinical simulation laboratory;
(e) The disparity in the number of clinical hours students are required to complete in Ohio nursing education programs;
(f) The extent to which nursing education programs are adequately preparing nurses to provide care in community or public health settings, particularly to the geriatric population;
(g) Ways in which nurses may be more effectively utilized to train or educate health care workers providing care in community or public health settings.
(3) Not later than December 31, 2008, the Committee shall prepare and submit a report to the General Assembly that focuses on the following topics and also includes a recommendation for a range of clinical hours nursing students shall be required to complete to assure adequate practice experience:
(a) Strategies to produce more nursing faculty;
(b) Ways to address the issue of insufficient clinical placement opportunities.
Upon submission of the report, the Committee shall cease to exist.
(E) Sections 101.82 to 101.87 of the Revised Code do not apply to the Committee.
Section 749.10. Consistent with divisions (A)(6) to (A)(8) of section 4927.02 of the Revised Code, the Public Utilities Commission shall establish a study mechanism to make recommendations for a competitively neutral telecommunications relay service funding program for costs incurred in calendar year 2009 and thereafter and submit the recommendations to the General Assembly by January 1, 2009.
Section 751.10. The Director of Job and Family Services and the Director of Development jointly shall prepare a plan to utilize the funds the state receives to administer the federal "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended, to train workers within this state and jointly shall submit that plan to the Governor, the President of the Senate, and the Speaker of the House of Representatives within one year after the effective date of this section.
Section 751.20. The Department of Job and Family Services shall provide guidance to local workforce policy boards to encourage the broadest participation by training providers, including those providers who are proprietary schools, who demonstrate effectiveness in providing training opportunities to eligible Ohioans under the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended.
Section 753.10. The duties of an owner of residential rental property to comply with and of a county auditor to accept compliance with sections 5323.01, 5323.02, 5323.03, 5323.04, and 5323.99 of the Revised Code in a county are tolled until the board of county commissioners adopts a resolution under the first paragraph of section 5323.011 of the Revised Code.
Section 753.20. (A) The staff of the Legislative Service Commission shall study the feasibility and potential results of the state's offering incentives for local entities, including municipal corporations, counties, townships, local historical societies, and regional authorities, to assume control of state historical sites. The incentives to be studied shall include the establishment of tax credits, the contribution of capital dollars, and the creation of an endowment-matching program.
The study shall focus on the cost and funding aspects of the incentives that are studied. In addition, the study shall attempt to determine the potential results of providing each incentive at varying levels.
(B) Not later than six months after the effective date of this section, the staff of the Commission shall report its findings to the Commission.
Section 753.30. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Columbus, and its successors and assigns, all of the state's right, title, and interest in real estate consisting of approximately 13 acres in Franklin Township of Franklin County, being part of or near the former Training Institution Central Ohio, together with any perpetual easements of access over certain existing or future driveways, the real estate being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 5 North, Range 23 West and in the Virginia Military District. Being a part of the State of Ohio original 300-acre tract of record in Deed Book 101, page 390 of the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows:
Beginning, For Reference, at an iron pin with identification cap stamped "Patridge" found marking the intersection of the easterly line of the Wheatland Avenue 40-feet-wide Right-of-Way and the Northerly line of West Broad Street 80-feet-wide Right-of-Way;
thence North 5°12'48" West 2612.22 feet, in said easterly line of Wheatland Avenue and vacated Wheatland Avenue, to a 5/8-inch reinforcing rod found;
thence South 75°43'06" East 188.42 feet, to an iron pipe set marking the Place of Beginning of the tract herein described;
thence North 5°02'11" West 384.70 feet, to an iron pipe set;
thence North 67°03'42" East 118.78 feet, to an iron pipe set;
thence North 74°42'07" East 230.99 feet, to an iron pipe set;
thence North 79°39'53" East 191.19 feet, to a 5/8-inch reinforcing rod found marking the most easterly corner of the Gang of Four, Ltd. 5.254-acre tract of record in Instrument Number 199902040029850 of said Recorder's Records, in a northerly line of said 300-acre tract and a Point of Tangency in the original southerly line of the Camp Chase Industrial Railroad Corporation Tract of record in Official Record 28363 F03 of said Recorder's Records;
thence North 86°38'37" East 383.75 feet, in a southerly line of said Camp Chase Railroad tract and in a northerly line of said 300-acre tract, to an iron pipe set;
thence South 04°38'21" West 694.64 feet, to an iron pipe set;
thence South 75°43'06" East 174.01 feet, to an iron pipe set;
thence North 89°32'10" East 521.90 feet, to an iron pipe set;
thence South 85°04'20" East 161.72 feet, to an iron pipe set;
thence South 14°52'48" East 63.77 feet, to a spike set;
thence North 85°04'20" West 180.51 feet, to an iron pipe set;
thence South 89°32'10" West 526.84 feet, to an iron pipe set;
thence North 75°43'06" West 1005.86 feet, to the Place of Beginning containing 12.997 acres, more or less.
This description is based on a field survey in April and May of 2007 by Gary L. Elswick, Professional Surveyor #6395. Iron pipes set are ¾-inch ID galvanized pipe with identification cap stamped "HOCKADEN". Bearings are assumed and for the determination of angles only.
This description may be modified to a final form if modifications are needed.
(B)(1) Consideration for the conveyance of the real estate is the purchase price of $194,955.00.
(2) The State may also require additional consideration for any perpetual easement needed by the City of Columbus to access the real estate. The consideration shall be a price mutually agreed upon between the City of Columbus and the state.
(C)(1) The conveyance of the real estate is subject to the following conditions and restrictions:
(a) The City of Columbus and its successors and assigns shall receive written approval from the state to use or develop the real estate for any purpose other than a police heliport or uses or developments incident thereto.
(b) The City of Columbus shall, prior to selling, conveying, or transferring ownership of the real estate, first offer the state the right to purchase the real estate at a price not less than fair market value as appraised by a disinterested party.
(2) The conveyance may be subject to conditions and restrictions that have been determined necessary by the Director of Administrative Services to assure there is no interference with state uses on state-owned real estate that adjoins the real estate conveyed.
(D) Upon payment of the purchase price, the Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate. The deed shall state the consideration and the conditions and restrictions. The deed shall be executed by the Governor in the name of the state, shall be countersigned by the Secretary of State, shall be sealed with the Great Seal of the State, shall be presented for recording in the Office of the Auditor of State, and shall be delivered to the City of Columbus. The City of Columbus shall present the deed for recording in the Office of the Franklin County Recorder.
(E) The City of Columbus shall pay the costs of the conveyance.
(F) This section expires one year after its effective date.
Section 753.40. (A) The Governor is hereby authorized to execute a deed in the name of the state conveying to the City of Celina the state's right of reverter retained in the conveyance authorized in Am. H.B. 823 of the 112th General Assembly in the following described real estate:
Being a parcel of land situated in the City of Celina, Jefferson Township, Mercer County, Ohio, and in the northwest quarter of Section 6, Township 6 South, Range 3 East, being more particularly described as follows:
Commencing at an iron pin with cap set at the most southern point of lot number 6 of Dickman's Addition (Plat Book 2, Page 3) in the City of Celina;
thence N 68°42'59" W, 20.00 feet along the south line of said Dickman's Addition to an iron pin with cap set as the Point of Beginning;
thence S 57°41'29" W, 210.06 feet to an iron pin with cap set;
thence N 46°02'00" W, 214.80 feet to an iron pin with cap set;
thence S 73°50'04" E, 102.64 feet along the south line of said Dickman's Addition to an iron pin with cap set;
thence N 75°48'13" E, 132.78 feet along the south line of said Dickman's Addition to an iron pin with cap set;
thence S 68°42'59" E, 112.51 feet along the south line of said Dickman's Addition to the Point of Beginning, containing 0.535 acres of land more or less, subject to all valid easements and right-of-way.
All bearings were calculated from angles turned in an actual field survey by Kent B. Marbaugh, Registered Surveyor #7421, dated April 16, 2007, on file in the County Engineer's Office.
The state retains its right of reverter for the remainder of the real estate conveyed pursuant to that act.
(B) Consideration for conveyance of the right of reverter is the mutual benefit accruing to the state and to the City of Celina from the reconfiguration of the entrance to the city park located on the real estate conveyed in Am. H.B. 823 of the 112th General Assembly.
(C) The Auditor of State, with the assistance of the Attorney General, shall prepare a deed to the real estate conveying the right of reverter. The deed shall state the consideration. The deed shall be executed by the Governor in the name of the state, countersigned by the Secretary of State, sealed with the great seal of the state, presented in the office of the Auditor of State for recording, and delivered to the City of Celina. The City of Celina shall present the deed for recording in the office of the Mercer County Recorder.
(D) This section expires four years after its effective date.
*Section 755.03. The Director of Transportation may conduct a twelve-month pilot project to be completed not later than June 30, 2009, for energy price risk management by entering into a contract with a qualified provider of energy risk management services. The contract may include rate analysis, negotiation services, market and regulatory analysis, budget and financial analysis, and mitigation strategies for volatile energy sources, including natural gas, gasoline, oil, and diesel fuel, but shall not include energy procurement and shall not subject more than thirty per cent of the Department's annual energy needs to the risk management services. The Director shall select the energy risk management services provider through a qualifications-based selection process, subject to Controlling Board approval. The contract shall specify that the Department may share the analysis and services of the energy risk management services provider with all state agencies and operations. The Director may use revenues from the state motor vehicle fuel tax or other funds appropriated by the General Assembly for the pilot project to pay amounts due under the contract and shall deposit any amounts received under the contract into the Highway Operating Fund created under section 5735.291 of the Revised Code.
Section 757.01. Every two years during biennial budget deliberations, the Tax Commissioner shall review the percentage of the total price of electricity that is indicated under division (C)(2) of section 5727.81 of the Revised Code, as amended by this act. Such review shall include a consideration of the fluctuations in the price of electricity that have occurred in the most recent two fiscal years and other factors influencing the economy of the state.
Section 757.03. (A) Beginning in July 2007 and ending in November 2007, on or before the seventh day of each month, the Tax Commissioner shall determine and certify to the Director of Budget and Management the amount to be credited from each tax source under divisions (B), (C), and (D) of this section to the Local Government Fund, the Library and Local Government Support Fund, and the Local Government Revenue Assistance Fund.
(B) Notwithstanding sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code or any other provision of law to the contrary, for each month in the period beginning July 1, 2007, and ending November 30, 2007, tax revenues credited to the Local Government Fund, the Library and Local Government Support Fund, and the Local Government Revenue Assistance Fund under those sections shall instead be credited as follows:
(1) An amount shall first be credited to the Local Government Fund as prescribed under division (C) of this section;
(2) An amount shall next be credited to the Local Government Revenue Assistance Fund as prescribed under division (C) of this section;
(3) An amount shall next be credited to the Library and Local Government Support Fund as prescribed under division (D) of this section.
(C) Receipts from the corporation franchise, sales and use, public utility excise, kilowatt-hour, and personal income taxes shall be credited to the Local Government Fund and the Local Government Revenue Assistance Fund as follows:
(1) In July 2007, the amount that was credited in July 2006;
(2) In August 2007, the amount that was credited in August 2006;
(3) In September 2007, the amount that was credited in September 2006;
(4) In October 2007, the amount that was credited in October 2006;
(5) In November 2007, the amount that was credited in November 2006.
(D) Receipts from the personal income tax shall be credited to the Library and Local Government Support Fund as follows:
(1) In July 2007, the amount that was credited in July 2006;
(2) In August 2007, the amount that was credited in August 2006;
(3) In September 2007, the amount that was credited in September 2006;
(4) In October 2007, the amount that was credited in October 2006;
(5) In November 2007, the amount that was credited in November 2006.
(E)(1) To the extent the amounts required to be credited to the Local Government Fund, the Library and Local Government Support Fund, and the Local Government Revenue Assistance Fund under divisions (C) and (D) of this section exceed the amounts that otherwise would have been credited to those funds under sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code, amounts required to be credited to the General Revenue Fund under those sections shall be reduced accordingly.
(2) To the extent the amounts required to be credited to the Local Government Fund, the Library and Local Government Support Fund, and the Local Government Revenue Assistance Fund under divisions (C) and (D) of this section are less than the amounts that otherwise would have been credited to those funds under sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code, amounts required to be credited to the General Revenue Fund under those sections shall be increased accordingly.
(F) The total amount credited each month under this section to the Local Government Fund, the Library and Local Government Support Fund, and the Local Government Revenue Assistance Fund shall be distributed on or before the tenth day of the immediately succeeding month as follows:
(1) Each county undivided Local Government Fund shall receive a distribution from the Local Government Fund that is based upon its proportionate share of the total amount received by it from the fund in the same month during the preceding calendar year.
(2) Each municipal corporation receiving a direct distribution from the Local Government Fund shall receive a distribution that is based upon its proportionate share of the total amount received by it from the fund in the same month during the preceding calendar year.
(3) Each county undivided Local Government Revenue Assistance Fund shall receive a distribution from the Local Government Revenue Assistance Fund that is based upon its proportionate share of the total amount received by it from the fund in the same month during the preceding calendar year.
(4) Each county undivided Library and Local Government Support Fund shall receive a distribution from the Library and Local Government Support Fund that is based upon its proportionate share of the total amount received by it from the fund in the same month during the preceding calendar year.
(G) Distributions shall not be made in accordance with sections 5747.47 and 5747.50 of the Revised Code until January 1, 2008.
(H) Notwithstanding section 5747.47 of the Revised Code, the Tax Commissioner is not required to issue the certification required by that section to be made in December 2007 for calendar year 2007. The Tax Commissioner may, as the Commissioner considers appropriate, provide to each county auditor additional revised estimates or other information relating to distributions in 2007, 2008, or 2009 at any time during the period beginning July 1, 2007, and ending June 30, 2009.
(I)(1) Notwithstanding division (A) of section 131.51 of the Revised Code, on or before January 5, 2008, the Director of Budget and Management shall credit to the Local Government Fund an amount equal to three and sixty-eight one-hundredths per cent of total tax revenues credited to the General Revenue Fund during December 2007. In determining the total tax revenues credited to the General Revenue Fund during that month, transfers made from the General Revenue Fund during that month to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund shall be disregarded. Moneys credited to the Local Government Fund under division (I)(1) of this section shall be distributed in January 2008 in accordance with section 5747.50 of the Revised Code.
(2) Notwithstanding division (B) of section 131.51 of the Revised Code, on or before January 5, 2008, the Director of Budget and Management shall credit to the Library and Local Government Support Fund an amount equal to two and twenty-two one-hundredths per cent of total tax revenues credited to the General Revenue Fund during December 2007. In determining the total tax revenues credited to the General Revenue Fund during that month, transfers made from the General Revenue Fund during that month to the Local Government Fund, the Local Government Revenue Assistance Fund, and the Library and Local Government Support Fund shall be disregarded. Moneys credited to the Library and Local Government Support Fund under division (I)(2) of this section shall be distributed in January 2008 in accordance with section 5747.47 of the Revised Code.
Section 757.04. Notwithstanding sections 5747.46 and 5747.47 of the Revised Code or any other provision of law to the contrary, a county's actual Library and Local Government Support Fund total entitlement for the 2007 distribution year shall equal the amount that was distributed to the county's Library and Local Government Support Fund from the Library and Local Government Support Fund during the 2007 calendar year. Each county's resulting calendar year 2007 Library and Local Government Support Fund entitlement shall be used by the Tax Commissioner for purposes of determining the guaranteed share of the Library and Local Government Support Fund in section 5747.46 of the Revised Code for the 2008 distribution year and shall be used by the Commissioner in making:
(A) The calendar year 2008 estimated entitlements of the Library and Local Government Support Fund required by section 5747.47 of the Revised Code to be certified to county auditors in July 2007, December 2007, and June 2008; and
(B) The calendar year 2008 actual Library and Local Government Support Fund entitlement computations required by section 5747.47 of the Revised Code to be certified to county auditors in December 2008.
Section 757.06. As used in this section, "electric company tax value loss" has the same meaning as in section 5727.84 of the Revised Code.
The amendment by this act of division (D) of section 5727.84 of the Revised Code is remedial in nature. The Tax Commissioner shall determine the amount of any additional electric company tax value loss resulting from that amendment. Notwithstanding the deadlines prescribed in sections 5727.84, 5727.85, and 5727.86 of the Revised Code to the contrary, the Tax Commissioner and the Department of Education shall perform all of the computations and make all of the certifications and payments described in those sections in connection with any additional electric company tax value loss resulting from division (D)(4) of section 5727.84 of the Revised Code, as amended by this act.
Section 757.07. For tax years 2007 and thereafter, telephone, telegraph, and interexchange telecommunications companies, as defined in section 5727.01 of the Revised Code, shall list taxable property at the percentage of true value required in Chapter 5711. of the Revised Code. For purposes of assigning taxable valuation to each taxing district for those years, the Tax Commissioner shall continue to use the apportionment provisions of Chapter 5727. of the Revised Code. However, such property shall be listed by the county auditor and certified to the county treasurer for collection under the provisions applicable to the general tax list of personal property and not upon the tax list and duplicate of real and public utility personal property.
Section 757.08. Resolutions adopted by a board of township trustees of a limited home rule township pursuant to Chapter 504. and section 5709.73 of the Revised Code in December 2005 are hereby deemed to have had an immediate effective date if the board unanimously adopts a resolution so declaring. This section applies to applications for exemption under section 5709.73 of the Revised Code pending before the Tax Commissioner on the effective date of this section and to such applications filed or refiled within 90 days after that effective date.
Section 757.10. The Office of Information Technology, in conjunction with the Department of Taxation, may acquire the State Taxation Accounting and Revenue System (STARS) pursuant to Chapter 125. of the Revised Code, including, but not limited to, the application software and installation and implementation thereof, for the use of the Department of Taxation. STARS is an integrated tax collection and audit system that will replace all of the state's existing separate tax software and administration systems for the various taxes collected by the state. Any lease-purchase arrangement used under Chapter 125. of the Revised Code to acquire STARS, including any fractionalized interests therein as defined in division (N) of section 133.01 of the Revised Code, must provide that at the end of the lease period, STARS becomes the property of the state.
Section 757.20. (A) As used in this section, "zoned commercial or industrial area" means a nonagricultural area that is reserved for business, commerce, or trade pursuant to local zoning law or state law.
(B) The board of directors of the Muskingum Watershed Conservancy District shall prepare written notification of the maintenance assessment to be levied by the District under section 6101.53 of the Revised Code that is scheduled to begin collection in calendar year 2008. The notification shall include a statement that the District intends to levy the maintenance assessment and shall include, with respect to each person to whom notification is required to be sent under division (C) of this section, an indication of the amount of the maintenance assessment that is applicable to that person.
(C) The board of directors of the Muskingum Watershed Conservancy District shall cause to be sent by United States mail the notification of the maintenance assessment that is required in division (B) of this section to each person who owns property within the territorial boundaries of the district that is located within a zoned commercial or industrial area. The notification shall be sent not later than one hundred twenty days prior to the date on which the maintenance assessment is scheduled to begin collection.
Section 803.03. The amendment or enactment by this act of sections 3119.022, 3119.023, 3119.05, 3119.29, 3119.30, 3119.302, and 3119.32 of the Revised Code first applies on February 1, 2008, or on the effective date of regulations defining "reasonable cost" issued by the United States Secretary of Health and Human Services, whichever is later.
Section 803.06. The amendments by this act to sections 323.151, 323.152, 323.153, and 323.154 of the Revised Code are first effective for tax year 2007, and the amendments to sections 4503.064, 4503.065, 4503.066, and 4503.067 of the Revised Code are first effective for tax year 2008, and the following provisions shall apply:
(A) Notwithstanding the filing deadlines set forth in sections 323.153 and 4503.066 of the Revised Code, original applications requesting reductions pursuant to division (A) of section 323.152 or section 4503.065 of the Revised Code may be filed not later than October 1, 2007. Notwithstanding the deadlines set forth in division (A) of section 323.153 of the Revised Code for homesteads in a housing cooperative, not later than August 1, 2007, the nonprofit corporation that owns and operates the housing cooperative shall obtain original applications from the county auditor and provide one to each occupant in the cooperative. Not later than September 1, 2007, any occupant who may be eligible for the reduction in taxes under division (A) of section 323.152 of the Revised Code shall submit the completed application to the corporation. Not later than October 1, 2007, the corporation shall file all completed applications and the information required by division (B) of section 323.159 of the Revised Code with the county auditor of the county in which the occupants' homesteads are located.
(B) Notwithstanding the deadlines set forth in sections 323.154 and 4503.067 of the Revised Code, if an application requesting the reduction under division (A) of section 323.152 of the Revised Code for tax year 2007 or under section 4503.065 of the Revised Code for tax year 2008 is not approved or the county auditor otherwise determines that the homestead does not qualify for a reduction in taxes, the auditor's deadline to notify the applicant of the reasons for such denial shall be extended to November 1, 2007.
Section 803.07. The amendment by this act of sections 5711.01 and 5727.06 of the Revised Code applies to telephone, telegraph, or interexchange telecommunications companies, as defined in section 5727.01 of the Revised Code, for tax year 2007 and thereafter.
Section 803.09. The amendment or enactment by this act of section 4505.06, division (B)(23) of section 5739.02, and sections 5739.029, 5739.033, and 5739.213 of the Revised Code apply to sales described in division (A) of section 5739.029 of the Revised Code on or after August 1, 2007.
Section 806.03. The sections and items of law contained in this act, and their applications, are severable. If any section or item of law contained in this act, or if any application of any section or item of law contained in this act, is held invalid, the invalidity does not affect other sections or items of law contained in this act and their applications that can be given effect without the invalid section or item of law or application.
Section 809.03. An item of law, other than an amending, enacting, or repealing clause, that composes the whole or part of an uncodified section contained in this act has no effect after June 30, 2009, unless its context clearly indicates otherwise.
Section 812.03. Except as otherwise specifically provided in this act, the codified sections of law amended or enacted in this act, and the items of law of which the codified sections of law amended or enacted in this act are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the codified sections of law amended or enacted by this act, and the items of law of which the codified sections of law as amended or enacted by this act are composed, take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such codified section of law as amended or enacted by this act, or against any item of law of which any such codified section of law as amended or enacted by this act is composed, the codified section of law as amended or enacted, or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 812.06. Except as otherwise specifically provided in this act, the repeal by this act of a codified section of law is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the repeal by this act of a codified section of law takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such repeal, the repeal, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 812.12. Uncodified sections of law amended or enacted in this act, and items of law contained within the uncodified sections of law amended or enacted in this act, that are marked with an asterisk are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the uncodified sections and items of law marked with an asterisk take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against an uncodified section or item of law marked with an asterisk, the uncodified section or item of law marked with an asterisk, unless rejected at the referendum, takes effect at the earliest time permitted by law.
If the amending and existing repeal clauses commanding the amendment of an uncodified section of law are both marked with asterisks, the uncodified section as amended is deemed also to have been marked with an asterisk.
An asterisk marking an uncodified section or item of law has the form*.
This section defines the meaning and form of, but is not itself to be considered marked with, an asterisk.
Section 815.03. The sections of law amended or enacted by this act that are listed in this section, and the items of law of which such sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such sections as amended or enacted by this act, and the items of law of which such sections as amended or enacted by this act are composed, go into immediate effect when this act becomes law.
Sections 117.11, 117.112, 122.051, 122.071, 122.076, 122.17, 122.171, 122.174, 122.602, 124.152, 126.03, 126.24, 126.40, 173.35, 183.01, 183.021, 183.17, 183.33, 183.34, 183.35, 183.51, 183.52, 1503.05, 1713.031, 2305.2341, 2927.023, 3109.04, 3109.041, 3119.022, 3119.023, 3119.05, 3119.29, 3119.30, 3119.302, 3119.32, 3301.0711, 3313.615, 3313.98, 3314.015, 3314.016, 3314.02, 3314.074, 3314.08, 3314.087, 3314.088, 3314.19, 3317.01, 3317.012, 3317.013, 3317.014, 3317.015, 3317.016, 3317.017, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.04, 3317.05, 3317.052, 3317.063, 3317.08, 3317.16, 3317.20, 3317.201, 3318.12, 3333.36, 3333.38, 3333.55, 3333.60, 3333.61, 3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68, 3333.69, 3333.70, 3345.32, 3353.02, 3353.03, 3365.01, 3701.047, 3701.135, 3702.68 (3702.59), 3704.03, 3721.51, 3721.541, 3721.56, 3735.672, 4503.10, 4513.263, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66, 4743.05, 4753.02, 4753.05, 4753.073, 4753.101, 4753.11, 4766.05, 4775.08, 5101.802, 5101.98, 5104.04, 5104.30, 5111.871, 5111.8814, 5112.341, 5123.01, 5123.033, 5123.045, 5123.0414, 5123.0415, 5123.051, 5123.16, 5123.161, 5123.162, 5123.163, 5123.164, 5123.165, 5123.166, 5123.167, 5123.168, 5123.169, 5123.19, 5123.196, 5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51, 5123.605, 5123.99, 5126.12, 5126.15, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5709.68, 5711.01, 5727.06, 5727.86, 5747.47, 5747.50, 5747.501, 5747.51, 5747.54, 5751.21, 5907.15, 5907.16, and 6111.0381 of the Revised Code.
Section 815.06. The repeal by this act of the sections of law listed in this section is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the repeals go into immediate effect when this act becomes law.
Sections 183.02, 183.27, 183.32, 5123.16, 5123.182, 5123.199, 5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, and 5747.63 of the Revised Code.
The version of section 3702.68 of the Revised Code that was scheduled to take effect July 1, 2007.
Section 815.09. The sections of law amended, enacted, or repealed by this act that are listed in this section are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the sections as amended, enacted, or repealed, and the items of law of which as amended or enacted they are composed, go into effect as specified in this section.
Sections 126.04, 127.16, 173.351, 173.401, 3718.03, 5101.27, 5101.272, 5111.872, 5111.89, 5111.891, 5111.894, 5123.046, 5123.047, 5123.048, 5123.049, 5123.0411, 5123.0416, 5126.054, 5126.056, 5126.059, 5126.0510, 5126.0512, and 5705.44 of the Revised Code take effect July 1, 2007.
Sections 340.03 and 5119.611 of the Revised Code take effect July 1, 2007.
Section 4301.43 of the Revised Code takes effect July 1, 2007.
Sections 5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised Code take effect December 1, 2007.
Sections 131.44, 131.51, 5705.29, 5725.24, 5739.032, 5739.122, 5739.124, 5741.121, and 5741.122 of the Revised Code take effect January 1, 2008.
Section 815.12. Except as otherwise specifically provided in this act, the uncodified sections of law amended or enacted in this act, and the items of law of which the uncodified sections of law amended or enacted in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the uncodified sections of law amended or enacted in this act, and the items of law of which the uncodified sections of laws amended or enacted in this act are composed, go into immediate effect when this act becomes law.
Section 818.03. The amendment or enactment by this act of the sections of law listed in this section provides for or is essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments and enactments, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
Sections 133.01, 305.31, 307.672, 319.202, 319.54, 322.01, 323.151, 323.152, 323.153, 323.154, 325.31, 333.02, 333.04, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066, 4503.067, 4505.06, 5705.214, 5733.39, 5739.02, 5739.029, 5739.033, 5739.09, 5739.12, 5739.213, 5741.02, 5743.01, 5743.20, 5745.02, 5745.05, 5745.13, 5747.01, 5748.01, 5748.02, 5748.021, 5748.022, and 5751.23 of the Revised Code.
Section 818.09. The repeal by this act of section 5743.331 of the Revised Code provides for or is essential to the implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the repeal is not subject to the referendum and goes into immediate effect when this act becomes law.
Section 821.06. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 3317.02 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect.
(B) The amendment to section 3317.02 of the Revised Code that substitutes the term "state education aid" for the term "SF-3 payment" is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendment takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 821.09. (A) Except as otherwise provided in division (B) of this section, the amendments to section 5111.014 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect January 1, 2008. If, however, a referendum petition is filed against the amendments, the amendments, unless rejected at the referendum, take effect at the earliest time permitted by law that is on or after the effective date specified in this division.
(B) The amendments to division (A)(2) of section 5111.014 of the Revised Code that strike through "The" and insert "Subject to an executive order issued under section 5111.0120 of the Revised Code, the" take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendments, the amendments, unless rejected at the referendum, take effect at the earliest time permitted by law.
Section 821.12. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5111.20 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendments, the amendments, unless rejected at the referendum, take effect at the earliest time permitted by law.
(B) The amendment to division (H)(3)(a) of section 5111.20 of the Revised Code is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendment goes into immediate effect.
Section 821.13. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5126.046 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect.
(B) The amendments to division (A) and the third paragraph of division (B) of section 5126.046 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments take effect July 1, 2007.
Section 821.15. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5126.055 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendments, the amendments, unless rejected at the referendum, take effect at the earliest time permitted by law.
(B) The amendment to section 5126.055 of the Revised Code that strikes through "5123.16" and inserts "5123.161" is not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendment goes into immediate effect.
Section 821.16. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5126.057 (5126.0511) of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments take effect July 1, 2007.
(B) The amendments to relettered division (A)(2) and (A)(4) of section 5126.057 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect.
Section 821.17. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5126.18 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments go into immediate effect.
(B) The amendments to division (H) of section 5126.18 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments take effect July 1, 2007.
Section 821.17.10. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5727.84 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments take effect December 1, 2007.
(B) The amendments to division (D) of section 5727.84 of the Revised Code are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments take immediate effect.
Section 821.18. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to section 5727.87 of the Revised Code provide for or are essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, the amendments are not subject to the referendum and go into immediate effect when this act becomes law.
(B) The amendment to division (A)(2)(b) of section 5727.87 of the Revised Code is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendment takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Section 821.21. If the amendment or enactment in this act of a codified or uncodified section of law is subject to the referendum, the corresponding indications in the amending, enacting, or existing repeal clauses commanding the amendment or enactment also are subject to the referendum, along with the amendment or enactment. If the amendment or enactment by this act of a codified or uncodified section of law is not subject to the referendum, the corresponding indications in the amending, enacting, or existing repeal clauses commanding the amendment or enactment also are not subject to the referendum, the same as the amendment or enactment.
Section 824.03. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 109.572 of the Revised Code as amended by both Am. Sub. S.B. 185 and Am. Sub. S.B. 238 of
the 126th General Assembly.
Section 111.18 of the Revised Code as amended by both Am. Sub. H.B. 94 and Am. Sub. S.B. 74 of
the 124th General Assembly.
Section 323.153 of the Revised Code as amended by
both Am. H.B. 595 and Am. Sub. H.B. 672 of the 123rd General
Assembly.
Section 711.131 of the Revised Code as amended by both Sub. H.B. 231 and Sub. S.B. 115 of the 125th General Assembly.
Section 2921.42 of the Revised Code as amended by both Sub. H.B. 150 and Am. Sub. H.B. 285 of
the 120th General Assembly.
Section 3301.0714 of the Revised Code as amended by Am. Sub. H.B. 79, Am. Sub. H.B. 137, Am. Sub. H.B. 276, and Am. Sub. H.B. 530 of
the 126th General Assembly.
Section 3313.64 of the Revised Code as amended Am. Sub. H.B. 137, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of
the 126th General Assembly.
Section 3317.03 of the Revised Code as amended by both Am. Sub. H.B. 79 and Am. Sub. H.B. 699 of
the 126th General Assembly.
Section 3318.01 of the Revised Code as amended by both Am. Sub. H.B. 11 of the 125th General Assembly and Am. Sub. H.B. 16 of the 126th General Assembly.
Section 5107.05 of the Revised Code as amended by Am. Sub. H.B. 283, H.B. 471, and Sub. S.B. 245, all of the 123rd General Assembly, and Am. Sub. H.B. 66 of
the 126th General Assembly.
Section 5741.02 of the Revised Code as amended by both Sub. H.B. 294 and Am. Sub. S.B. 269 of the 126th General Assembly.
Section 5748.01 of the Revised Code as amended by both Sub. H.B. 73 and Am. Sub. H.B. 699 of
the 126th General Assembly.
Section 5748.02 of the Revised Code as amended by both Am. Sub. H.B. 3 and Am. Sub. H.B. 530 of
the 126th General Assembly.
The finding in this section takes effect at the same time as the section referenced in the finding takes effect.