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To amend sections 124.15, 124.18, 124.181, 124.34, | 1 |
124.385, 124.392, 126.05, 2305.24, 2305.25, | 2 |
4121.04, and 4123.511 of the Revised Code to make | 3 |
certain reductions in state employee benefits, to | 4 |
make changes to the Industrial Commission Law, to | 5 |
make operating appropriations for the period | 6 |
beginning July 1, 2009, and ending July 7, 2009, | 7 |
to authorize transfers from the Budget | 8 |
Stabilization Fund in fiscal year 2009, to make | 9 |
certain non-General Revenue Fund appropriations | 10 |
for fiscal year 2010, to make debt service | 11 |
appropriations for the FY 2010-FY 2011 biennium, | 12 |
to make appropriations for the Industrial | 13 |
Commission for the biennium beginning July 1, | 14 |
2009, and ending June 30, 2011, and to provide | 15 |
authorization and conditions for the operation | 16 |
of Commission programs. | 17 |
Section 101. That sections 124.15, 124.18, 124.181, 124.34, | 18 |
124.385, 124.392, 126.05, 2305.24, 2305.25, 4121.04, and | 19 |
4123.511 of the Revised Code be amended to read as follows: | 20 |
Sec. 124.15. (A) Board and commission members appointed | 21 |
prior to July 1, 1991, shall be paid a salary or wage in | 22 |
accordance with the following schedules of rates: | 23 |
Schedule B | 24 |
25 | |
Range | Step 1 | Step 2 | Step 3 | Step 4 | 26 | ||
23 | Hourly | 5.72 | 5.91 | 6.10 | 6.31 | 27 | |
Annually | 11897.60 | 12292.80 | 12688.00 | 13124.80 | 28 | ||
Step 5 | Step 6 | 29 | |||||
Hourly | 6.52 | 6.75 | 30 | ||||
Annually | 13561.60 | 14040.00 | 31 | ||||
Step 1 | Step 2 | Step 3 | Step 4 | 32 | |||
24 | Hourly | 6.00 | 6.20 | 6.41 | 6.63 | 33 | |
Annually | 12480.00 | 12896.00 | 13332.80 | 13790.40 | 34 | ||
Step 5 | Step 6 | 35 | |||||
Hourly | 6.87 | 7.10 | 36 | ||||
Annually | 14289.60 | 14768.00 | 37 | ||||
Step 1 | Step 2 | Step 3 | Step 4 | 38 | |||
25 | Hourly | 6.31 | 6.52 | 6.75 | 6.99 | 39 | |
Annually | 13124.80 | 13561.60 | 14040.00 | 14539.20 | 40 | ||
Step 5 | Step 6 | 41 | |||||
Hourly | 7.23 | 7.41 | 42 | ||||
Annually | 15038.40 | 15412.80 | 43 | ||||
Step 1 | Step 2 | Step 3 | Step 4 | 44 | |||
26 | Hourly | 6.63 | 6.87 | 7.10 | 7.32 | 45 | |
Annually | 13790.40 | 14289.60 | 14768.00 | 15225.60 | 46 | ||
Step 5 | Step 6 | 47 | |||||
Hourly | 7.53 | 7.77 | 48 | ||||
Annually | 15662.40 | 16161.60 | 49 | ||||
Step 1 | Step 2 | Step 3 | Step 4 | 50 | |||
27 | Hourly | 6.99 | 7.23 | 7.41 | 7.64 | 51 | |
Annually | 14534.20 | 15038.40 | 15412.80 | 15891.20 | 52 | ||
Step 5 | Step 6 | Step 7 | 53 | ||||
Hourly | 7.88 | 8.15 | 8.46 | 54 | |||
Annually | 16390.40 | 16952.00 | 17596.80 | 55 | |||
Step 1 | Step 2 | Step 3 | Step 4 | 56 | |||
28 | Hourly | 7.41 | 7.64 | 7.88 | 8.15 | 57 | |
Annually | 15412.80 | 15891.20 | 16390.40 | 16952.00 | 58 | ||
Step 5 | Step 6 | Step 7 | 59 | ||||
Hourly | 8.46 | 8.79 | 9.15 | 60 | |||
Annually | 17596.80 | 18283.20 | 19032.00 | 61 | |||
Step 1 | Step 2 | Step 3 | Step 4 | 62 | |||
29 | Hourly | 7.88 | 8.15 | 8.46 | 8.79 | 63 | |
Annually | 16390.40 | 16952.00 | 17596.80 | 18283.20 | 64 | ||
Step 5 | Step 6 | Step 7 | 65 | ||||
Hourly | 9.15 | 9.58 | 10.01 | 66 | |||
Annually | 19032.00 | 19926.40 | 20820.80 | 67 | |||
Step 1 | Step 2 | Step 3 | Step 4 | 68 | |||
30 | Hourly | 8.46 | 8.79 | 9.15 | 9.58 | 69 | |
Annually | 17596.80 | 18283.20 | 19032.00 | 19926.40 | 70 | ||
Step 5 | Step 6 | Step 7 | 71 | ||||
Hourly | 10.01 | 10.46 | 10.99 | 72 | |||
Annually | 20820.80 | 21756.80 | 22859.20 | 73 | |||
Step 1 | Step 2 | Step 3 | Step 4 | 74 | |||
31 | Hourly | 9.15 | 9.58 | 10.01 | 10.46 | 75 | |
Annually | 19032.00 | 19962.40 | 20820.80 | 21756.80 | 76 | ||
Step 5 | Step 6 | Step 7 | 77 | ||||
Hourly | 10.99 | 11.52 | 12.09 | 78 | |||
Annually | 22859.20 | 23961.60 | 25147.20 | 79 | |||
Step 1 | Step 2 | Step 3 | Step 4 | 80 | |||
32 | Hourly | 10.01 | 10.46 | 10.99 | 11.52 | 81 | |
Annually | 20820.80 | 21756.80 | 22859.20 | 23961.60 | 82 | ||
Step 5 | Step 6 | Step 7 | Step 8 | 83 | |||
Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 84 | ||
Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 85 | ||
Step 1 | Step 2 | Step 3 | Step 4 | 86 | |||
33 | Hourly | 10.99 | 11.52 | 12.09 | 12.68 | 87 | |
Annually | 22859.20 | 23961.60 | 25147.20 | 26374.40 | 88 | ||
Step 5 | Step 6 | Step 7 | Step 8 | 89 | |||
Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 90 | ||
Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 91 | ||
Step 1 | Step 2 | Step 3 | Step 4 | 92 | |||
34 | Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 93 | |
Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 94 | ||
Step 5 | Step 6 | Step 7 | Step 8 | 95 | |||
Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 96 | ||
Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 97 | ||
Step 1 | Step 2 | Step 3 | Step 4 | 98 | |||
35 | Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 99 | |
Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 100 | ||
Step 5 | Step 6 | Step 7 | Step 8 | 101 | |||
Hourly | 16.11 | 16.91 | 17.73 | 18.62 | 102 | ||
Annually | 33508.80 | 35172.80 | 36878.40 | 38729.60 | 103 | ||
Step 1 | Step 2 | Step 3 | Step 4 | 104 | |||
36 | Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 105 | |
Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 106 | ||
Step 5 | Step 6 | Step 7 | Step 8 | 107 | |||
Hourly | 17.73 | 18.62 | 19.54 | 20.51 | 108 | ||
Annually | 36878.40 | 38729.60 | 40643.20 | 42660.80 | 109 |
Schedule C | 110 |
111 | |
Range | Minimum | Maximum | 112 | ||
41 Hourly | 10.44 | 15.72 | 113 | ||
Annually | 21715.20 | 32697.60 | 114 | ||
42 Hourly | 11.51 | 17.35 | 115 | ||
Annually | 23940.80 | 36088.00 | 116 | ||
43 Hourly | 12.68 | 19.12 | 117 | ||
Annually | 26374.40 | 39769.60 | 118 | ||
44 Hourly | 13.99 | 20.87 | 119 | ||
Annually | 29099.20 | 43409.60 | 120 | ||
45 Hourly | 15.44 | 22.80 | 121 | ||
Annually | 32115.20 | 47424.00 | 122 | ||
46 Hourly | 17.01 | 24.90 | 123 | ||
Annually | 35380.80 | 51792.00 | 124 | ||
47 Hourly | 18.75 | 27.18 | 125 | ||
Annually | 39000.00 | 56534.40 | 126 | ||
48 Hourly | 20.67 | 29.69 | 127 | ||
Annually | 42993.60 | 61755.20 | 128 | ||
49 Hourly | 22.80 | 32.06 | 129 | ||
Annually | 47424.00 | 66684.80 | 130 |
(B) The pay schedule of all employees shall be on a biweekly | 131 |
basis, with amounts computed on an hourly basis. | 132 |
(C) Part-time employees shall be compensated on an hourly | 133 |
basis for time worked, at the rates shown in division (A) of this | 134 |
section or in section 124.152 of the Revised Code. | 135 |
(D) The salary and wage rates in division (A) of this section | 136 |
or in section 124.152 of the Revised Code represent base rates of | 137 |
compensation and may be augmented by the provisions of section | 138 |
124.181 of the Revised Code. In those cases where lodging, meals, | 139 |
laundry, or other personal services are furnished an employee in | 140 |
the service of the state, the actual costs or fair market value of | 141 |
the personal services shall be paid by the employee in such | 142 |
amounts and manner as determined by the director of administrative | 143 |
services and approved by the director of budget and management, | 144 |
and those personal services shall not be considered as a part of | 145 |
the employee's compensation. An appointing authority that appoints | 146 |
employees in the service of the state, with the approval of the | 147 |
director of administrative services and the director of budget and | 148 |
management, may establish payments to employees for uniforms, | 149 |
tools, equipment, and other requirements of the department and | 150 |
payments for the maintenance of them. | 151 |
The director of administrative services may review collective | 152 |
bargaining agreements entered into under Chapter 4117. of the | 153 |
Revised Code that cover employees in the service of the state and | 154 |
determine whether certain benefits or payments provided to the | 155 |
employees covered by those agreements should also be provided to | 156 |
employees in the service of the state who are exempt from | 157 |
collective bargaining coverage and are paid in accordance with | 158 |
section 124.152 of the Revised Code or are listed in division | 159 |
(B)(2) or (4) of section 124.14 of the Revised Code. On completing | 160 |
the review, the director of administrative services, with the | 161 |
approval of the director of budget and management, may provide to | 162 |
some or all of these employees any payment or benefit, except for | 163 |
salary, contained in such a collective bargaining agreement even | 164 |
if it is similar to a payment or benefit already provided by law | 165 |
to some or all of these employees. Any payment or benefit so | 166 |
provided shall not exceed the highest level for that payment or | 167 |
benefit specified in such a collective bargaining agreement. The | 168 |
director of administrative services shall not provide, and the | 169 |
director of budget and management shall not approve, any payment | 170 |
or benefit to such an employee under this division unless the | 171 |
payment or benefit is provided pursuant to a collective bargaining | 172 |
agreement to a state employee who is in a position with similar | 173 |
duties as, is supervised by, or is employed by the same appointing | 174 |
authority as, the employee to whom the benefit or payment is to be | 175 |
provided. | 176 |
As used in this division, "payment or benefit already | 177 |
provided by law" includes, but is not limited to, bereavement, | 178 |
personal, vacation, administrative, and sick leave, disability | 179 |
benefits, holiday pay, and pay supplements provided under the | 180 |
Revised Code, but does not include wages or salary. | 181 |
(E) New employees paid in accordance with schedule B of | 182 |
division (A) of this section or schedule E-1 of section 124.152 of | 183 |
the Revised Code shall be employed at the minimum rate established | 184 |
for the range unless otherwise provided. Employees with | 185 |
qualifications that are beyond the minimum normally required for | 186 |
the position and that are determined by the director to be | 187 |
exceptional may be employed in, or may be transferred or promoted | 188 |
to, a position at an advanced step of the range. Further, in time | 189 |
of a serious labor market condition when it is relatively | 190 |
impossible to recruit employees at the minimum rate for a | 191 |
particular classification, the entrance rate may be set at an | 192 |
advanced step in the range by the director of administrative | 193 |
services. This rate may be limited to geographical regions of the | 194 |
state. Appointments made to an advanced step under the provision | 195 |
regarding exceptional qualifications shall not affect the step | 196 |
assignment of employees already serving. However, anytime the | 197 |
hiring rate of an entire classification is advanced to a higher | 198 |
step, all incumbents of that classification being paid at a step | 199 |
lower than that being used for hiring, shall be advanced beginning | 200 |
at the start of the first pay period thereafter to the new hiring | 201 |
rate, and any time accrued at the lower step will be used to | 202 |
calculate advancement to a succeeding step. If the hiring rate of | 203 |
a classification is increased for only a geographical region of | 204 |
the state, only incumbents who work in that geographical region | 205 |
shall be advanced to a higher step. When an employee in the | 206 |
unclassified service changes from one state position to another or | 207 |
is appointed to a position in the classified service, or if an | 208 |
employee in the classified service is appointed to a position in | 209 |
the unclassified service, the employee's salary or wage in the new | 210 |
position shall be determined in the same manner as if the employee | 211 |
were an employee in the classified service. When an employee in | 212 |
the unclassified service who is not eligible for step increases is | 213 |
appointed to a classification in the classified service under | 214 |
which step increases are provided, future step increases shall be | 215 |
based on the date on which the employee last received a pay | 216 |
increase. If the employee has not received an increase during the | 217 |
previous year, the date of the appointment to the classified | 218 |
service shall be used to determine the employee's annual step | 219 |
advancement eligibility date. In reassigning any employee to a | 220 |
classification resulting in a pay range increase or to a new pay | 221 |
range as a result of a promotion, an increase pay range | 222 |
adjustment, or other classification change resulting in a pay | 223 |
range increase, the director shall assign such employee to the | 224 |
step in the new pay range that will provide an increase of | 225 |
approximately four per cent if the new pay range can accommodate | 226 |
the increase. When an employee is being assigned to a | 227 |
classification or new pay range as the result of a class plan | 228 |
change, if the employee has completed a probationary period, the | 229 |
employee shall be placed in a step no lower than step two of the | 230 |
new pay range. If the employee has not completed a probationary | 231 |
period, the employee may be placed in step one of the new pay | 232 |
range. Such new salary or wage shall become effective on such date | 233 |
as the director determines. | 234 |
(F) If employment conditions and the urgency of the work | 235 |
require such action, the director of administrative services may, | 236 |
upon the application of a department head, authorize payment at | 237 |
any rate established within the range for the class of work, for | 238 |
work of a casual or intermittent nature or on a project basis. | 239 |
Payment at such rates shall not be made to the same individual for | 240 |
more than three calendar months in any one calendar year. Any such | 241 |
action shall be subject to the approval of the director of budget | 242 |
and management as to the availability of funds. This section and | 243 |
sections 124.14 and 124.152 of the Revised Code do not repeal any | 244 |
authority of any department or public official to contract with or | 245 |
fix the compensation of professional persons who may be employed | 246 |
temporarily for work of a casual nature or for work on a project | 247 |
basis. | 248 |
(G)(1) Except as provided in | 249 |
(3) of this section, each state employee paid in accordance with | 250 |
schedule B of this section or schedule E-1 of section 124.152 of | 251 |
the Revised Code shall be eligible for advancement to succeeding | 252 |
steps in the range for the employee's class or grade according to | 253 |
the schedule established in this division. Beginning on the first | 254 |
day of the pay period within which the employee completes the | 255 |
prescribed probationary period in the employee's classification | 256 |
with the state, each employee shall receive an automatic salary | 257 |
adjustment equivalent to the next higher step within the pay | 258 |
range for the employee's class or grade. | 259 |
| 260 |
section, each employee paid in accordance with schedule E-1 of | 261 |
section 124.152 of the Revised Code shall be eligible to advance | 262 |
to the next higher step until the employee reaches the top step | 263 |
in the range for the employee's class or grade, if the employee | 264 |
has maintained satisfactory performance in accordance with | 265 |
criteria established by the employee's appointing authority. Those | 266 |
step advancements shall not occur more frequently than once in | 267 |
any twelve-month period. | 268 |
| 269 |
270 | |
271 | |
When an employee is promoted, the step entry date shall be set to | 272 |
account for a probationary period. When an employee is reassigned | 273 |
to a higher pay range, the step entry date shall be set to allow | 274 |
an employee who is not at the highest step of the range to receive | 275 |
a step advancement one year from the reassignment date. Step | 276 |
advancement shall not be affected by demotion. A promoted | 277 |
employee shall advance to the next higher step of the pay range on | 278 |
the first day of the pay period in which the required probationary | 279 |
period is completed. Step advancement shall become effective at | 280 |
the beginning of the pay period within which the employee attains | 281 |
the necessary length of service. Time spent on authorized leave of | 282 |
absence shall be counted for this purpose. | 283 |
If determined to be in the best interest of the state | 284 |
service, the director of administrative services may, either | 285 |
statewide or in selected agencies, adjust the dates on which | 286 |
annual step advancements are received by employees paid in | 287 |
accordance with schedule E-1 of section 124.152 of the Revised | 288 |
Code. | 289 |
(2)(a) | 290 |
291 | |
advancements
under division (G)(1) of this section | 292 |
293 | |
294 | |
shall resume with the pay period beginning
| 295 |
2011. Upon the resumption of step advancements, there shall be no | 296 |
retroactive step advancements for the period the moratorium was | 297 |
in effect. The moratorium shall not affect an employee's | 298 |
performance evaluation schedule. | 299 |
| 300 |
301 | |
302 | |
303 | |
304 | |
305 | |
probationary period before June 21, 2009, shall advance to the | 306 |
next step in the employee's pay range at the end of probation, and | 307 |
then become subject to the moratorium. An employee who is hired, | 308 |
promoted, or reassigned to a higher pay range between June 21, | 309 |
2009, through June 20, 2011, shall not advance to the next step in | 310 |
the employee's pay range until the next anniversary of the | 311 |
employee's date of hire, promotion, or reassignment that occurs on | 312 |
or after June 21, 2011. | 313 |
(b) The moratorium under division (G)(2)(a) | 314 |
section shall apply to the employees of the secretary of state, | 315 |
the auditor of state, the treasurer of state, and the attorney | 316 |
general, who are subject to this section unless the secretary of | 317 |
state, the auditor of state, the treasurer of state, or the | 318 |
attorney general decides to exempt the office's employees from the | 319 |
moratorium and so notifies the director of administrative services | 320 |
in writing on or before | 321 |
(3) Employees in intermittent positions shall be employed at | 322 |
the minimum rate established for the pay range for their | 323 |
classification and are not eligible for step advancements. | 324 |
(H) Employees in appointive managerial or professional | 325 |
positions paid in accordance with schedule C of this section or | 326 |
schedule E-2 of section 124.152 of the Revised Code may be | 327 |
appointed at any rate within the appropriate pay range. This rate | 328 |
of pay may be adjusted higher or lower within the respective pay | 329 |
range at any time the appointing authority so desires as long as | 330 |
the adjustment is based on the employee's ability to successfully | 331 |
administer those duties assigned to the employee. Salary | 332 |
adjustments shall not be made more frequently than once in any | 333 |
six-month period under this provision to incumbents holding the | 334 |
same position and classification. | 335 |
(I) When an employee is assigned to duty outside this state, | 336 |
the employee may be compensated, upon request of the department | 337 |
head and with the approval of the director of administrative | 338 |
services, at a rate not to exceed fifty per cent in excess of the | 339 |
employee's current base rate for the period of time spent on that | 340 |
duty. | 341 |
(J) Unless compensation for members of a board or commission | 342 |
is otherwise specifically provided by law, the director of | 343 |
administrative services shall establish the rate and method of | 344 |
payment for members of boards and commissions pursuant to the pay | 345 |
schedules listed in section 124.152 of the Revised Code. | 346 |
(K) Regular full-time employees in positions assigned to | 347 |
classes within the instruction and education administration series | 348 |
under the rules of the director of administrative services, except | 349 |
certificated employees on the instructional staff of the state | 350 |
school for the blind or the state school for the deaf, whose | 351 |
positions are scheduled to work on the basis of an academic year | 352 |
rather than a full calendar year, shall be paid according to the | 353 |
pay range assigned by such rules but only during those pay periods | 354 |
included in the academic year of the school where the employee is | 355 |
located. | 356 |
(1) Part-time or substitute teachers or those whose period of | 357 |
employment is other than the full academic year shall be | 358 |
compensated for the actual time worked at the rate established by | 359 |
this section. | 360 |
(2) Employees governed by this division are exempt from | 361 |
sections 124.13 and 124.19 of the Revised Code. | 362 |
(3) Length of service for the purpose of determining | 363 |
eligibility for step advancements as provided by division (G) of | 364 |
this section and for the purpose of determining eligibility for | 365 |
longevity pay supplements as provided by division (E) of section | 366 |
124.181 of the Revised Code shall be computed on the basis of one | 367 |
full year of service for the completion of each academic year. | 368 |
(L) The superintendent of the state school for the deaf and | 369 |
the superintendent of the state school for the blind shall, | 370 |
subject to the approval of the superintendent of public | 371 |
instruction, carry out both of the following: | 372 |
(1) Annually, between the first day of April and the last day | 373 |
of June, establish for the ensuing fiscal year a schedule of | 374 |
hourly rates for the compensation of each certificated employee on | 375 |
the instructional staff of that superintendent's respective school | 376 |
constructed as follows: | 377 |
(a) Determine for each level of training, experience, and | 378 |
other professional qualification for which an hourly rate is set | 379 |
forth in the current schedule, the per cent that rate is of the | 380 |
rate set forth in such schedule for a teacher with a bachelor's | 381 |
degree and no experience. If there is more than one such rate for | 382 |
such a teacher, the lowest rate shall be used to make the | 383 |
computation. | 384 |
(b) Determine which six city, local, and exempted village | 385 |
school districts with territory in Franklin county have in effect | 386 |
on, or have adopted by, the first day of April for the school year | 387 |
that begins on the ensuing first day of July, teacher salary | 388 |
schedules with the highest minimum salaries for a teacher with a | 389 |
bachelor's degree and no experience; | 390 |
(c) Divide the sum of such six highest minimum salaries by | 391 |
ten thousand five hundred sixty; | 392 |
(d) Multiply each per cent determined in division (L)(1)(a) | 393 |
of this section by the quotient obtained in division (L)(1)(c) of | 394 |
this section; | 395 |
(e) One hundred five per cent of each product thus obtained | 396 |
shall be the hourly rate for the corresponding level of training, | 397 |
experience, or other professional qualification in the schedule | 398 |
for the ensuing fiscal year. | 399 |
(2) Annually, assign each certificated employee on the | 400 |
instructional staff of the superintendent's respective school to | 401 |
an hourly rate on the schedule that is commensurate with the | 402 |
employee's training, experience, and other professional | 403 |
qualifications. | 404 |
If an employee is employed on the basis of an academic year, | 405 |
the employee's annual salary shall be calculated by multiplying | 406 |
the employee's assigned hourly rate times one thousand seven | 407 |
hundred sixty. If an employee is not employed on the basis of an | 408 |
academic year, the employee's annual salary shall be calculated in | 409 |
accordance with the following formula: | 410 |
(a) Multiply the number of days the employee is required to | 411 |
work pursuant to the employee's contract by eight; | 412 |
(b) Multiply the product of division (L)(2)(a) of this | 413 |
section by the employee's assigned hourly rate. | 414 |
Each employee shall be paid an annual salary in biweekly | 415 |
installments. The amount of each installment shall be calculated | 416 |
by dividing the employee's annual salary by the number of biweekly | 417 |
installments to be paid during the year. | 418 |
Sections 124.13 and 124.19 of the Revised Code do not apply | 419 |
to an employee who is paid under this division. | 420 |
As used in this division, "academic year" means the number of | 421 |
days in each school year that the schools are required to be open | 422 |
for instruction with pupils in attendance. Upon completing an | 423 |
academic year, an employee paid under this division shall be | 424 |
deemed to have completed one year of service. An employee paid | 425 |
under this division is eligible to receive a pay supplement under | 426 |
division (L)(1), (2), or (3) of section 124.181 of the Revised | 427 |
Code for which the employee qualifies, but is not eligible to | 428 |
receive a pay supplement under division (L)(4) or (5) of that | 429 |
section. An employee paid under this division is eligible to | 430 |
receive a pay supplement under division (L)(6) of section 124.181 | 431 |
of the Revised Code for which the employee qualifies, except that | 432 |
the supplement is not limited to a maximum of five per cent of the | 433 |
employee's regular base salary in a calendar year. | 434 |
(M) Division (A) of this section does not apply to "exempt | 435 |
employees," as defined in section 124.152 of the Revised Code, who | 436 |
are paid under that section. | 437 |
Notwithstanding any other provisions of this chapter, when an | 438 |
employee transfers between bargaining units or transfers out of or | 439 |
into a bargaining unit, the director of administrative services | 440 |
shall establish the employee's compensation and adjust the maximum | 441 |
leave accrual schedule as the director deems equitable. | 442 |
Sec. 124.18. (A) Forty hours shall be the standard work | 443 |
week for all employees whose salary or wage is paid in whole or in | 444 |
part by the state or by any state-supported college or university. | 445 |
When any employee whose salary or wage is paid in whole or in part | 446 |
by the state or by any state-supported college or university is | 447 |
required by an authorized administrative authority to be in an | 448 |
active pay status more than forty hours in any calendar week, the | 449 |
employee shall be compensated for such time over forty hours, | 450 |
except as otherwise provided in this section, at one and one-half | 451 |
times the employee's regular rate of pay. The use of sick leave or | 452 |
any leave used in lieu of sick leave shall not be considered to be | 453 |
active pay status for the purposes of earning overtime or | 454 |
compensatory time by employees whose wages are paid directly by | 455 |
warrant of the director of budget and management. A flexible-hours | 456 |
employee is not entitled to compensation for overtime work unless | 457 |
the employee's authorized administrative authority required the | 458 |
employee to be in active pay status for more than forty hours in a | 459 |
calendar week, regardless of the number of hours the employee | 460 |
works on any day in the same calendar week. | 461 |
Such compensation for overtime work shall be paid no later | 462 |
than at the conclusion of the next succeeding pay period. | 463 |
If the employee elects to take compensatory time off in lieu | 464 |
of overtime pay for any overtime worked, such compensatory time | 465 |
shall be granted by the employee's administrative superior, on a | 466 |
time and one-half basis, at a time mutually convenient to the | 467 |
employee and the administrative superior. Compensatory time is not | 468 |
available for use until it appears on the employee's earning | 469 |
statement and the compensation described in the earning statement | 470 |
is available to the employee. | 471 |
An employee may accrue compensatory time to a maximum of two | 472 |
hundred forty hours, except that public safety employees and other | 473 |
employees who meet the criteria established in the "Federal Fair | 474 |
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, | 475 |
as amended, may accrue a maximum of four hundred eighty hours of | 476 |
compensatory time. An employee shall be paid at the employee's | 477 |
regular rate of pay for any hours of compensatory time accrued in | 478 |
excess of these maximum amounts if the employee has not used the | 479 |
compensatory time within
| 480 |
after it is granted, if the employee transfers to another agency | 481 |
of the state, or if a change in the employee's status exempts the | 482 |
employee from the payment of overtime compensation. Upon the | 483 |
termination of employment, any employee with accrued but unused | 484 |
compensatory time shall be paid for that time at a rate that is | 485 |
the greater of the employee's final regular rate of pay or the | 486 |
employee's average regular rate of pay during the employee's last | 487 |
three years of employment with the state. | 488 |
No overtime, as described in this section, can be paid unless | 489 |
it has been authorized by the authorized administrative authority. | 490 |
Employees may be exempted from the payment of compensation as | 491 |
required by this section only under the criteria for exemption | 492 |
from the payment of overtime compensation established in the | 493 |
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 494 |
U.S.C.A. 207, 213, as amended. With the approval of the director | 495 |
of administrative services, the appointing authority may establish | 496 |
a policy to grant compensatory time or to pay compensation to | 497 |
state employees who are exempt from overtime compensation. With | 498 |
the approval of the board of county commissioners, a county human | 499 |
services department may establish a policy to grant compensatory | 500 |
time or to pay compensation to employees of the department who are | 501 |
exempt from overtime compensation. | 502 |
(B)(1) An employee, whose salary or wage is paid in whole or | 503 |
in part by the state, shall be paid for the holidays declared in | 504 |
section 124.19 of the Revised Code and shall not be required to | 505 |
work on those holidays, unless, in the opinion of the employee's | 506 |
responsible administrative authority, failure to work on those | 507 |
holidays would impair the public service. | 508 |
(2) An employee paid directly by warrant of the director of | 509 |
budget and management who is scheduled to work on | 510 |
first day of January, the commemoration of memorial day, the | 511 |
fourth day of July, the fourth Thursday in November, or the | 512 |
twenty-fifth day of December and who does not report to work the | 513 |
day before, the day of, or the day after the holiday due to an | 514 |
illness of the employee or of a member of the employee's immediate | 515 |
family shall not receive holiday pay as provided by this division, | 516 |
unless the employee can provide documentation of extenuating | 517 |
circumstances that prohibited the employee from so reporting to | 518 |
work. | 519 |
scheduled shift and the holiday, the employee shall be paid for | 520 |
the holiday. | 521 |
(3) An employee also shall not be paid for a holiday unless | 522 |
the employee was in active pay status on the scheduled work day | 523 |
immediately preceding the holiday, except that an employee need | 524 |
not be in active pay status on that work day in order to be paid | 525 |
for the holiday if the employee is participating in a mandatory or | 526 |
voluntary cost savings day under section 124.392 of the Revised | 527 |
Code. | 528 |
| 529 |
the Revised Code falls on Saturday, the Friday immediately | 530 |
preceding shall be observed as the holiday. If any of the holidays | 531 |
declared in section 124.19 of the Revised Code falls on Sunday, | 532 |
the Monday immediately succeeding shall be observed as the | 533 |
holiday. Employees whose work schedules are based on the | 534 |
requirements of a seven-days-a-week work operation shall observe | 535 |
holidays on the actual days specified in section 124.19 of the | 536 |
Revised Code. | 537 |
| 538 |
through Friday, the employee shall be entitled to eight hours of | 539 |
holiday pay for holidays observed on the employee's day off | 540 |
regardless of the day of the week on which they are observed. | 541 |
| 542 |
minimum of eight hours of pay for each holiday regardless of the | 543 |
employee's work shift and work schedule. A flexible-hours | 544 |
employee, who is normally scheduled to work in excess of eight | 545 |
hours on a day on which a holiday falls, either shall be required | 546 |
to work an alternate schedule for that week or shall receive | 547 |
additional holiday pay for the hours the employee is normally | 548 |
scheduled to work. Such an alternate schedule may require a | 549 |
flexible-hours employee to work five shifts consisting of eight | 550 |
hours each during the week including the holiday, and, in that | 551 |
case, the employee shall receive eight hours of holiday pay for | 552 |
the day the holiday is observed. | 553 |
| 554 |
the Revised Code, part-time permanent employees shall receive four | 555 |
hours of holiday pay | 556 |
557 | |
558 | |
559 | |
560 | |
work shift and work schedule. | 561 |
| 562 |
under this section is required by the employee's responsible | 563 |
administrative authority to work on the day observed as a holiday, | 564 |
the employee shall be entitled to pay for such time worked at one | 565 |
and one-half times the employee's regular rate of pay in addition | 566 |
to the employee's regular pay, or to be granted compensatory time | 567 |
off at time and one-half thereafter, at the employee's option. | 568 |
Payment at such rate shall be excluded in the calculation of hours | 569 |
in active pay status. | 570 |
(C) Each appointing authority may designate the number of | 571 |
employees in an agency who are flexible-hours employees. The | 572 |
appointing authority may establish for each flexible-hours | 573 |
employee a specified minimum number of hours to be worked each day | 574 |
that is consistent with the "Federal Fair Labor Standards Act of | 575 |
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. | 576 |
(D) This section shall be uniformly administered for | 577 |
employees as defined in section 124.01 of the Revised Code and by | 578 |
the personnel departments of state-supported colleges and | 579 |
universities for employees of state-supported colleges and | 580 |
universities. If employees are not paid directly by warrant of the | 581 |
director of budget and management, the political subdivision shall | 582 |
determine whether the use of sick leave shall be considered to be | 583 |
active pay status for purposes of those employees earning overtime | 584 |
or compensatory time. | 585 |
(E) Policies relating to the payment of overtime pay or the | 586 |
granting of compensatory time off shall be adopted by the chief | 587 |
administrative officer of the house of representatives for | 588 |
employees of the house of representatives, by the clerk of the | 589 |
senate for employees of the senate, and by the director of the | 590 |
legislative service commission for all other legislative | 591 |
employees. | 592 |
(F) As used in this section, "regular rate of pay" means the | 593 |
base rate of pay an employee receives plus any pay supplements | 594 |
received pursuant to section 124.181 of the Revised Code. | 595 |
Sec. 124.181. (A) Except as provided in | 596 |
(M) and (P) of this section, any employee paid in accordance with | 597 |
schedule B of section 124.15 or schedule E-1 or schedule E-1 for | 598 |
step seven only of section 124.152 of the Revised Code is | 599 |
eligible for the pay supplements provided in this section upon | 600 |
application by the appointing authority substantiating the | 601 |
employee's qualifications for the supplement and with the | 602 |
approval of the director of administrative services except as | 603 |
provided in division (E) of this section. | 604 |
(B)(1) Except as provided in section 124.183 of the Revised | 605 |
Code, in computing any of the pay supplements provided in this | 606 |
section for an employee paid in accordance with schedule B of | 607 |
section 124.15 of the Revised Code, the classification salary base | 608 |
shall be the minimum hourly rate of the pay range, provided in | 609 |
that section, in which the employee is assigned at the time of | 610 |
computation. | 611 |
(2) Except as provided in section 124.183 of the Revised | 612 |
Code, in computing any of the pay supplements provided in this | 613 |
section for an employee paid in accordance with schedule E-1 of | 614 |
section 124.152 of the Revised Code, the classification salary | 615 |
base shall be the minimum hourly rate of the pay range, provided | 616 |
in that section, in which the employee is assigned at the time of | 617 |
computation. | 618 |
(3) Except as provided in section 124.183 of the Revised | 619 |
Code, in computing any of the pay supplements provided in this | 620 |
section for an employee paid in accordance with schedule E-1 for | 621 |
step seven only of section 124.152 of the Revised Code, the | 622 |
classification salary base shall be the minimum hourly rate in the | 623 |
corresponding pay range, provided in schedule E-1 of that section, | 624 |
to which the employee is assigned at the time of the computation. | 625 |
(C) The effective date of any pay supplement, except as | 626 |
provided in section 124.183 of the Revised Code or unless | 627 |
otherwise provided in this section, shall be determined by the | 628 |
director. | 629 |
(D) The director shall, by rule, establish standards | 630 |
regarding the administration of this section. | 631 |
(E)(1) Except as otherwise provided in this division, | 632 |
beginning on the first day of the pay period within which the | 633 |
employee completes five years of total service with the state | 634 |
government or any of its political subdivisions, each employee in | 635 |
positions paid in accordance with schedule B of section 124.15 of | 636 |
the Revised Code or in accordance with schedule E-1 or schedule | 637 |
E-1 for step seven only of section 124.152 of the Revised Code | 638 |
shall receive an automatic salary adjustment equivalent to two and | 639 |
one-half per cent of the classification salary base, to the | 640 |
nearest whole cent. Each employee shall receive thereafter an | 641 |
annual adjustment equivalent to one-half of one per cent of the | 642 |
employee's classification salary base, to the nearest whole cent, | 643 |
for each additional year of qualified employment until a maximum | 644 |
of ten per cent of the employee's classification salary base is | 645 |
reached. The granting of longevity adjustments shall not be | 646 |
affected by promotion, demotion, or other changes in | 647 |
classification held by the employee, nor by any change in pay | 648 |
range for the employee's class or grade. Longevity pay adjustments | 649 |
shall become effective at the beginning of the pay period within | 650 |
which the employee completes the necessary length of service, | 651 |
except that when an employee requests credit for prior service, | 652 |
the effective date of the prior service credit and of any | 653 |
longevity adjustment shall be the first day of the pay period | 654 |
following approval of the credit by the director of administrative | 655 |
services. No employee, other than an employee who submits proof of | 656 |
prior service within ninety days after the date of the employee's | 657 |
hiring, shall receive any longevity adjustment for the period | 658 |
prior to the director's approval of a prior service credit. Time | 659 |
spent on authorized leave of absence shall be counted for this | 660 |
purpose. | 661 |
(2) An employee who has retired in accordance with the | 662 |
provisions of any retirement system offered by the state and who | 663 |
is employed by the state or any political subdivision of the state | 664 |
on or after June 24, 1987, shall not have prior service with the | 665 |
state or any political subdivision of the state counted for the | 666 |
purpose of determining the amount of the salary adjustment | 667 |
provided under this division. | 668 |
(3) There shall be a moratorium on employees' receipt under | 669 |
this division of credit for service with the state government or | 670 |
any of its political subdivisions during the period from July 1, | 671 |
2003, through June 30, 2005. In calculating the number of years of | 672 |
total service under this division, no credit shall be included for | 673 |
service during the moratorium. The moratorium shall apply to the | 674 |
employees of the secretary of state, the auditor of state, the | 675 |
treasurer of state, and the attorney general, who are subject to | 676 |
this section unless the secretary of state, the auditor of state, | 677 |
the treasurer of state, or the attorney general decides to exempt | 678 |
the office's employees from the moratorium and so notifies the | 679 |
director of administrative services in writing on or before July | 680 |
1, 2003. | 681 |
If an employee is exempt from the moratorium, receives credit | 682 |
for a period of service during the moratorium, and takes a | 683 |
position with another entity in the state government or any of its | 684 |
political subdivisions, either during or after the moratorium, and | 685 |
if that entity's employees are or were subject to the moratorium, | 686 |
the employee shall continue to retain the credit. However, if the | 687 |
moratorium is in effect upon the taking of the new position, the | 688 |
employee shall cease receiving additional credit as long as the | 689 |
employee is in the position, until the moratorium expires. | 690 |
(F) When an exceptional condition exists that creates a | 691 |
temporary or a permanent hazard for one or more positions in a | 692 |
class paid in accordance with schedule B of section 124.15 of the | 693 |
Revised Code or in accordance with schedule E-1 or schedule E-1 | 694 |
for step seven only of section 124.152 of the Revised Code, a | 695 |
special hazard salary adjustment may be granted for the time the | 696 |
employee is subjected to the hazardous condition. All special | 697 |
hazard conditions shall be identified for each position and | 698 |
incidence from information submitted to the director on an | 699 |
appropriate form provided by the director and categorized into | 700 |
standard conditions of: some unusual hazard not common to the | 701 |
class; considerable unusual hazard not common to the class; and | 702 |
exceptional hazard not common to the class. | 703 |
(1) A hazardous salary adjustment of five per cent of the | 704 |
employee's classification salary base may be applied in the case | 705 |
of some unusual hazardous condition not common to the class for | 706 |
those hours worked, or a fraction of those hours worked, while the | 707 |
employee was subject to the unusual hazard condition. | 708 |
(2) A hazardous salary adjustment of seven and one-half per | 709 |
cent of the employee's classification salary base may be applied | 710 |
in the case of some considerable hazardous condition not common to | 711 |
the class for those hours worked, or a fraction of those hours | 712 |
worked, while the employee was subject to the considerable hazard | 713 |
condition. | 714 |
(3) A hazardous salary adjustment of ten per cent of the | 715 |
employee's classification salary base may be applied in the case | 716 |
of some exceptional hazardous condition not common to the class | 717 |
for those hours worked, or a fraction of those hours worked, when | 718 |
the employee was subject to the exceptional hazard condition. | 719 |
(4) Each claim for temporary hazard pay shall be submitted as | 720 |
a separate payment and shall be subject to an administrative audit | 721 |
by the director as to the extent and duration of the employee's | 722 |
exposure to the hazardous condition. | 723 |
(G) When a full-time employee whose salary or wage is paid | 724 |
directly by warrant of the director of budget and management and | 725 |
who also is eligible for overtime under the "Fair Labor Standards | 726 |
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is | 727 |
ordered by the appointing authority to report back to work after | 728 |
termination of the employee's regular work schedule and the | 729 |
employee reports, the employee shall be paid for such time. The | 730 |
employee shall be entitled to four hours at the employee's total | 731 |
rate of pay or overtime compensation for the actual hours worked, | 732 |
whichever is greater. This division does not apply to work that is | 733 |
a continuation of or immediately preceding an employee's regular | 734 |
work schedule. | 735 |
(H) When a certain position or positions paid in accordance | 736 |
with schedule B of section 124.15 of the Revised Code or in | 737 |
accordance with schedule E-1 or schedule E-1 for step seven only | 738 |
of section 124.152 of the Revised Code require the ability to | 739 |
speak or write a language other than English, a special pay | 740 |
supplement may be granted to attract bilingual individuals, to | 741 |
encourage present employees to become proficient in other | 742 |
languages, or to retain qualified bilingual employees. The | 743 |
bilingual pay supplement provided in this division may be granted | 744 |
in the amount of five per cent of the employee's classification | 745 |
salary base for each required foreign language and shall remain in | 746 |
effect as long as the bilingual requirement exists. | 747 |
(I) The director of administrative services may establish a | 748 |
shift differential for employees. The differential shall be paid | 749 |
to employees in positions working in other than the regular or | 750 |
first shift. In those divisions or agencies where only one shift | 751 |
prevails, no shift differential shall be paid regardless of the | 752 |
hours of the day that are worked. The director and the appointing | 753 |
authority shall designate which positions shall be covered by this | 754 |
division. | 755 |
(J) Whenever an employee is assigned to work in a higher | 756 |
level position for a continuous period of more than two weeks but | 757 |
no more than two years because of a vacancy, the employee's pay | 758 |
may be established at a rate that is approximately four per cent | 759 |
above the employee's current base rate for the period the employee | 760 |
occupies the position, provided that this temporary occupancy is | 761 |
approved by the director. Employees paid under this division shall | 762 |
continue to receive any of the pay supplements due them under | 763 |
other divisions of this section based on the step one base rate | 764 |
for their normal classification. | 765 |
(K) If a certain position, or positions, within a class paid | 766 |
in accordance with schedule B of section 124.15 of the Revised | 767 |
Code or in accordance with schedule E-1 or schedule E-1 for step | 768 |
seven only of section 124.152 of the Revised Code are mandated by | 769 |
state or federal law or regulation or other regulatory agency or | 770 |
other certification authority to have special technical | 771 |
certification, registration, or licensing to perform the functions | 772 |
which are under the mandate, a special professional achievement | 773 |
pay supplement may be granted. This special professional | 774 |
achievement pay supplement shall not be granted when all | 775 |
incumbents in all positions in a class require a license as | 776 |
provided in the classification description published by the | 777 |
department of administrative services; to licensees where no | 778 |
special or extensive training is required; when certification is | 779 |
granted upon completion of a stipulated term of in-service | 780 |
training; when an appointing authority has required certification; | 781 |
or any other condition prescribed by the director. | 782 |
(1) Before this supplement may be applied, evidence as to the | 783 |
requirement must be provided by the agency for each position | 784 |
involved, and certification must be received from the director as | 785 |
to the director's concurrence for each of the positions so | 786 |
affected. | 787 |
(2) The professional achievement pay supplement provided in | 788 |
this division shall be granted in an amount up to ten per cent of | 789 |
the employee's classification salary base and shall remain in | 790 |
effect as long as the mandate exists. | 791 |
(L) Those employees assigned to teaching supervisory, | 792 |
principal, assistant principal, or superintendent positions who | 793 |
have attained a higher educational level than a basic bachelor's | 794 |
degree may receive an educational pay supplement to remain in | 795 |
effect as long as the employee's assignment and classification | 796 |
remain the same. | 797 |
(1) An educational pay supplement of two and one-half per | 798 |
cent of the employee's classification salary base may be applied | 799 |
upon the achievement of a bachelor's degree plus twenty quarter | 800 |
hours of postgraduate work. | 801 |
(2) An educational pay supplement of an additional five per | 802 |
cent of the employee's classification salary base may be applied | 803 |
upon achievement of a master's degree. | 804 |
(3) An educational pay supplement of an additional two and | 805 |
one-half per cent of the employee's classification salary base may | 806 |
be applied upon achievement of a master's degree plus thirty | 807 |
quarter hours of postgraduate work. | 808 |
(4) An educational pay supplement of five per cent of the | 809 |
employee's classification salary base may be applied when the | 810 |
employee is performing as a master teacher. | 811 |
(5) An educational pay supplement of five per cent of the | 812 |
employee's classification salary base may be applied when the | 813 |
employee is performing as a special education teacher. | 814 |
(6) Those employees in teaching supervisory, principal, | 815 |
assistant principal, or superintendent positions who are | 816 |
responsible for specific extracurricular activity programs shall | 817 |
receive overtime pay for those hours worked in excess of their | 818 |
normal schedule, at their straight time hourly rate up to a | 819 |
maximum of five per cent of their regular base salary in any | 820 |
calendar year. | 821 |
(M)(1) A state agency, board, or commission may establish a | 822 |
supplementary compensation schedule for those licensed physicians | 823 |
employed by the agency, board, or commission in positions | 824 |
requiring a licensed physician. The supplementary compensation | 825 |
schedule, together with the compensation otherwise authorized by | 826 |
this chapter, shall provide for the total compensation for these | 827 |
employees to range appropriately, but not necessarily uniformly, | 828 |
for each classification title requiring a licensed physician, in | 829 |
accordance with a schedule approved by the state controlling | 830 |
board. The individual salary levels recommended for each such | 831 |
physician employed shall be approved by the director. | 832 |
Notwithstanding section 124.11 of the Revised Code, such personnel | 833 |
are in the unclassified civil service. | 834 |
(2) The director of administrative services may approve | 835 |
supplementary compensation for the director of health, if the | 836 |
director is a licensed physician, in accordance with a | 837 |
supplementary compensation schedule approved under division (M)(1) | 838 |
of this section or in accordance with another supplementary | 839 |
compensation schedule the director of administrative services | 840 |
considers appropriate. The supplementary compensation shall not | 841 |
exceed twenty per cent of the director of health's base rate of | 842 |
pay. | 843 |
(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, | 844 |
117.42, and 131.02 of the Revised Code, the state shall not | 845 |
institute any civil action to recover and shall not seek | 846 |
reimbursement for overpayments made in violation of division (E) | 847 |
of this section or division (C) of section 9.44 of the Revised | 848 |
Code for the period starting after June 24, 1987, and ending on | 849 |
October 31, 1993. | 850 |
(O) Employees of the office of the treasurer of state who are | 851 |
exempt from collective bargaining coverage may be granted a merit | 852 |
pay supplement of up to one and one-half per cent of their step | 853 |
rate. The rate at which this supplement is granted shall be based | 854 |
on performance standards established by the treasurer of state. | 855 |
Any supplements granted under this division shall be administered | 856 |
on an annual basis. | 857 |
(P) Intermittent employees appointed under section 124.30 of | 858 |
the Revised Code are not eligible for the pay supplements | 859 |
provided by this section. | 860 |
Sec. 124.34. (A) The tenure of every officer or employee in | 861 |
the classified service of the state and the counties, civil | 862 |
service townships, cities, city health districts, general health | 863 |
districts, and city school districts of the state, holding a | 864 |
position under this chapter, shall be during good behavior and | 865 |
efficient service. No officer or employee shall be reduced in pay | 866 |
or position, fined, suspended, or removed, or have the officer's | 867 |
or employee's longevity reduced or eliminated, except as provided | 868 |
in section 124.32 of the Revised Code, and for incompetency, | 869 |
inefficiency, dishonesty, drunkenness, immoral conduct, | 870 |
insubordination, discourteous treatment of the public, neglect of | 871 |
duty, violation of any policy or work rule of the officer's or | 872 |
employee's appointing authority, violation of this chapter or the | 873 |
rules of the director of administrative services or the | 874 |
commission, any other failure of good behavior, any other acts of | 875 |
misfeasance, malfeasance, or nonfeasance in office, or conviction | 876 |
of a felony. The denial of a one-time pay supplement or a bonus to | 877 |
an officer or employee is not a reduction in pay for purposes of | 878 |
this section. | 879 |
This section does not apply to any modifications or | 880 |
reductions in pay authorized by section 124.392 of the Revised | 881 |
Code. | 882 |
An appointing authority may require an employee who is | 883 |
suspended to report to work to serve the suspension. An employee | 884 |
serving a suspension in this manner shall continue to be | 885 |
compensated at the employee's regular rate of pay for hours | 886 |
worked. The disciplinary action shall be recorded in the | 887 |
employee's personnel file in the same manner as other disciplinary | 888 |
actions and has the same effect as a suspension without pay for | 889 |
the purpose of recording disciplinary actions. | 890 |
A finding by the appropriate ethics commission, based upon a | 891 |
preponderance of the evidence, that the facts alleged in a | 892 |
complaint under section 102.06 of the Revised Code constitute a | 893 |
violation of Chapter 102., section 2921.42, or section 2921.43 of | 894 |
the Revised Code may constitute grounds for dismissal. Failure to | 895 |
file a statement or falsely filing a statement required by section | 896 |
102.02 of the Revised Code may also constitute grounds for | 897 |
dismissal. The tenure of an employee in the career professional | 898 |
service of the department of transportation is subject to section | 899 |
5501.20 of the Revised Code. | 900 |
Conviction of a felony is a separate basis for reducing in | 901 |
pay or position, suspending, or removing an officer or employee, | 902 |
even if the officer or employee has already been reduced in pay or | 903 |
position, suspended, or removed for the same conduct that is the | 904 |
basis of the felony. An officer or employee may not appeal to the | 905 |
state personnel board of review or the commission any disciplinary | 906 |
action taken by an appointing authority as a result of the | 907 |
officer's or employee's conviction of a felony. If an officer or | 908 |
employee removed under this section is reinstated as a result of | 909 |
an appeal of the removal, any conviction of a felony that occurs | 910 |
during the pendency of the appeal is a basis for further | 911 |
disciplinary action under this section upon the officer's or | 912 |
employee's reinstatement. | 913 |
A person convicted of a felony immediately forfeits the | 914 |
person's status as a classified employee in any public employment | 915 |
on and after the date of the conviction for the felony. If an | 916 |
officer or employee is removed under this section as a result of | 917 |
being convicted of a felony or is subsequently convicted of a | 918 |
felony that involves the same conduct that was the basis for the | 919 |
removal, the officer or employee is barred from receiving any | 920 |
compensation after the removal notwithstanding any modification or | 921 |
disaffirmance of the removal, unless the conviction for the felony | 922 |
is subsequently reversed or annulled. | 923 |
Any person removed for conviction of a felony is entitled to | 924 |
a cash payment for any accrued but unused sick, personal, and | 925 |
vacation leave as authorized by law. If subsequently reemployed in | 926 |
the public sector, the person shall qualify for and accrue these | 927 |
forms of leave in the manner specified by law for a newly | 928 |
appointed employee and shall not be credited with prior public | 929 |
service for the purpose of receiving these forms of leave. | 930 |
As used in this division, "felony" means any of the | 931 |
following: | 932 |
(1) A felony that is an offense of violence as defined in | 933 |
section 2901.01 of the Revised Code; | 934 |
(2) A felony that is a felony drug abuse offense as defined | 935 |
in section 2925.01 of the Revised Code; | 936 |
(3) A felony under the laws of this or any other state or the | 937 |
United States that is a crime of moral turpitude; | 938 |
(4) A felony involving dishonesty, fraud, or theft; | 939 |
(5) A felony that is a violation of section 2921.05, 2921.32, | 940 |
or 2921.42 of the Revised Code. | 941 |
(B) In case of a reduction, a suspension of forty or more | 942 |
work hours in the case of an employee exempt from the payment of | 943 |
overtime compensation, a suspension of twenty-four or more work | 944 |
hours in the case of an employee required to be paid overtime | 945 |
compensation, a fine of forty or more hours' pay in the case of an | 946 |
employee exempt from the payment of overtime compensation, a fine | 947 |
of twenty-four or more hours' pay in the case of an employee | 948 |
required to be paid overtime compensation, or removal, except for | 949 |
the reduction or removal of a probationary employee, the | 950 |
appointing authority shall serve the employee with a copy of the | 951 |
order of reduction, fine, suspension, or removal, which order | 952 |
shall state the reasons for the action. | 953 |
Within ten days following the date on which the order is | 954 |
served or, in the case of an employee in the career professional | 955 |
service of the department of transportation, within ten days | 956 |
following the filing of a removal order, the employee, except as | 957 |
otherwise provided in this section, may file an appeal of the | 958 |
order in writing with the state personnel board of review or the | 959 |
commission. For purposes of this section, the date on which an | 960 |
order is served is the date of hand delivery of the order or the | 961 |
date of delivery of the order by certified United States mail, | 962 |
whichever occurs first. If an appeal is filed, the board or | 963 |
commission shall forthwith notify the appointing authority and | 964 |
shall hear, or appoint a trial board to hear, the appeal within | 965 |
thirty days from and after its filing with the board or | 966 |
commission. The board, commission, or trial board may affirm, | 967 |
disaffirm, or modify the judgment of the appointing authority. | 968 |
However, in an appeal of a removal order based upon a violation of | 969 |
a last chance agreement, the board, commission, or trial board may | 970 |
only determine if the employee violated the agreement and thus | 971 |
affirm or disaffirm the judgment of the appointing authority. | 972 |
In cases of removal or reduction in pay for disciplinary | 973 |
reasons, either the appointing authority or the officer or | 974 |
employee may appeal from the decision of the state personnel board | 975 |
of review or the commission, and any such appeal shall be to the | 976 |
court of common pleas of the county in which the appointing | 977 |
authority is located, or to the court of common pleas of Franklin | 978 |
county, as provided by section 119.12 of the Revised Code. | 979 |
(C) In the case of the suspension for any period of time, or | 980 |
a fine, demotion, or removal, of a chief of police, a chief of a | 981 |
fire department, or any member of the police or fire department of | 982 |
a city or civil service township, who is in the classified civil | 983 |
service, the appointing authority shall furnish the chief or | 984 |
member with a copy of the order of suspension, fine, demotion, or | 985 |
removal, which order shall state the reasons for the action. The | 986 |
order shall be filed with the municipal or civil service township | 987 |
civil service commission. Within ten days following the filing of | 988 |
the order, the chief or member may file an appeal, in writing, | 989 |
with the commission. If an appeal is filed, the commission shall | 990 |
forthwith notify the appointing authority and shall hear, or | 991 |
appoint a trial board to hear, the appeal within thirty days from | 992 |
and after its filing with the commission, and it may affirm, | 993 |
disaffirm, or modify the judgment of the appointing authority. An | 994 |
appeal on questions of law and fact may be had from the decision | 995 |
of the commission to the court of common pleas in the county in | 996 |
which the city or civil service township is situated. The appeal | 997 |
shall be taken within thirty days from the finding of the | 998 |
commission. | 999 |
(D) A violation of division (A)(7) of section 2907.03 of the | 1000 |
Revised Code is grounds for termination of employment of a | 1001 |
nonteaching employee under this section. | 1002 |
(E) As used in this section, "last chance agreement" means an | 1003 |
agreement signed by both an appointing authority and an officer or | 1004 |
employee of the appointing authority that describes the type of | 1005 |
behavior or circumstances that, if it occurs, will automatically | 1006 |
lead to removal of the officer or employee without the right of | 1007 |
appeal to the state personnel board of review or the appropriate | 1008 |
commission. | 1009 |
Sec. 124.385. (A) An employee is eligible for disability | 1010 |
leave benefits under this section if the employee has completed | 1011 |
one year of continuous state service immediately prior to the date | 1012 |
of the disability and if any of the following applies: | 1013 |
(1) The employee is a full-time permanent employee and is | 1014 |
eligible for sick leave credit pursuant to division (B) of section | 1015 |
124.382 of the Revised Code. | 1016 |
(2) The employee is a part-time permanent employee who has | 1017 |
worked at least fifteen hundred hours within the twelve-month | 1018 |
period immediately preceding the date of disability and is | 1019 |
eligible for sick leave credit under division (B) of section | 1020 |
124.382 of the Revised Code. | 1021 |
(3) The employee is a full-time permanent or part-time | 1022 |
permanent employee, is on disability leave or leave of absence for | 1023 |
medical reasons, and would be eligible for sick leave credit | 1024 |
pursuant to division (B) of section 124.382 of the Revised Code | 1025 |
except that the employee is in no pay status due to the employee's | 1026 |
medical condition. | 1027 |
(B) The director of administrative services, by rule adopted | 1028 |
in accordance with Chapter 119. of the Revised Code, shall | 1029 |
establish a disability leave program. The rule shall include, but | 1030 |
shall not be limited to, the following: | 1031 |
(1) Procedures to be followed for determining disability; | 1032 |
(2) Provisions for the allowance of disability leave due to | 1033 |
illness or injury; | 1034 |
(3) Provisions for the continuation of service credit for | 1035 |
employees granted disability leave, including service credit | 1036 |
towards retirement, as provided by the applicable statute; | 1037 |
(4) The establishment of a minimum level of benefit and of a | 1038 |
waiting period before benefits begin; | 1039 |
(5) Provisions setting a maximum length of benefit and | 1040 |
requiring that employees eligible to apply for disability | 1041 |
retirement shall do so prior to completing the first six months of | 1042 |
their period of disability. The director's rules shall indicate | 1043 |
those employees required to apply for disability retirement. If an | 1044 |
employee is approved to receive disability retirement, the | 1045 |
employee shall receive the retirement benefit and a supplement | 1046 |
payment that equals a percentage of the employee's base rate of | 1047 |
pay and that, when added to the retirement benefit, equals no more | 1048 |
than the percentage of pay received by employees after the first | 1049 |
six months of disability. This supplemental payment shall not be | 1050 |
considered earnable salary, compensation, or salary, and is not | 1051 |
subject to contributions, under Chapter 145., 742., 3307., 3309., | 1052 |
or 5505. of the Revised Code. | 1053 |
(6) Provisions that allow employees to utilize available sick | 1054 |
leave, personal leave, compensatory time, or vacation leave | 1055 |
balances to supplement the benefits payable under this section. | 1056 |
The balances used to supplement the benefits, plus any amount | 1057 |
contributed by the state as provided in division (D) of this | 1058 |
section, shall be paid at the employee's base rate of pay in an | 1059 |
amount sufficient to give employees up to one hundred per cent of | 1060 |
pay for time on disability. | 1061 |
(7) Procedures for appealing denial of payment of a claim, | 1062 |
including the following: | 1063 |
(a) A maximum of thirty days to file an appeal by the | 1064 |
employee; | 1065 |
(b) A maximum of fifteen days for the parties to select a | 1066 |
third-party opinion pursuant to division (F) of this section, | 1067 |
unless an extension is agreed to by the parties; | 1068 |
(c) A maximum of thirty days for the third party to render an | 1069 |
opinion. | 1070 |
(8) Provisions for approving leave of absence for medical | 1071 |
reasons where an employee is in no pay status because the employee | 1072 |
has used all the employee's sick leave, personal leave, vacation | 1073 |
leave, and compensatory time; | 1074 |
(9) Provisions for precluding the payment of benefits if the | 1075 |
injury for which the benefits are sought is covered by a workers' | 1076 |
compensation plan; | 1077 |
(10) Provisions for precluding the payment of benefits in | 1078 |
order to ensure that benefits are provided in a consistent manner. | 1079 |
(C) Except as provided in division (B)(6) of this section, | 1080 |
time off for an employee granted disability leave is not | 1081 |
chargeable to any other leave granted by other sections of the | 1082 |
Revised Code. | 1083 |
(D) While an employee is on an approved disability leave, the | 1084 |
employer's and employee's share of health, life, and other | 1085 |
insurance benefits shall be paid by the state, and the retirement | 1086 |
contribution shall be paid as follows: | 1087 |
(1) The employer's share shall be paid by the state. | 1088 |
(2) For the first three months, the employee's share shall be | 1089 |
paid by the employee. | 1090 |
(3) After the first three months, the employee's share shall | 1091 |
be paid by the state. | 1092 |
(E) The approval for disability leave shall be made by the | 1093 |
director, upon recommendation by the appointing authority. The | 1094 |
director may delegate to any appointing authority the authority to | 1095 |
approve disability benefits for a standard recovery period. | 1096 |
(F) If a request for disability leave is denied based on a | 1097 |
medical determination, the director shall obtain a medical opinion | 1098 |
from a third party. The decision of the third party is binding. | 1099 |
(G) The rule adopted by the director under division (B) of | 1100 |
this section shall not deny disability leave benefits for an | 1101 |
illness or injury to an employee who is a veteran of the United | 1102 |
States armed forces because the employee contracted the illness or | 1103 |
received the injury in the course of or as a result of military | 1104 |
service and the illness or injury is or may be covered by a | 1105 |
compensation plan administered by the United States department of | 1106 |
veterans affairs. | 1107 |
Sec. 124.392. (A) As used in this section | 1108 |
(1) "Exempt employee" has the same meaning as in section | 1109 |
124.152 of the Revised Code. | 1110 |
(2) "Fiscal emergency" means a fiscal emergency declared by | 1111 |
the governor under section 126.05 of the Revised Code. | 1112 |
(B) The director of administrative services may establish a | 1113 |
voluntary cost savings program for exempt employees. | 1114 |
(C) The director of administrative services shall establish a | 1115 |
mandatory cost savings program applicable to exempt employees. | 1116 |
Subject to division (C)(1) of this section, the program may | 1117 |
include, but is not limited to, a loss of pay or loss of holiday | 1118 |
pay as determined by the director. The program may be administered | 1119 |
differently among exempt employees based on their classifications, | 1120 |
appointment categories, appointing authorities, or other relevant | 1121 |
distinctions. | 1122 |
(1) Each full-time exempt employee shall participate in the | 1123 |
program for a total of eighty hours of mandatory cost savings in | 1124 |
both fiscal year 2010 and fiscal year 2011. Each part-time exempt | 1125 |
employee shall participate in the program by not receiving holiday | 1126 |
pay during both fiscal year 2010 and fiscal year 2011. Each | 1127 |
employee of the secretary of state, auditor of state, treasurer of | 1128 |
state, and attorney general shall participate in the program | 1129 |
unless the secretary of state, auditor of state, treasurer of | 1130 |
state, or attorney general decides to exempt the officer's | 1131 |
employees from the program and so notifies the director of | 1132 |
administrative services in writing on or before July 1, 2009. | 1133 |
(2) After June 30, 2011, the director of administrative | 1134 |
services, in consultation with the director of budget and | 1135 |
management, may implement mandatory cost savings days applicable | 1136 |
to exempt employees in the event of a fiscal emergency. Each | 1137 |
employee of the secretary of state, auditor of state, treasurer of | 1138 |
state, and attorney general shall participate in the mandatory | 1139 |
cost savings days unless the secretary of state, auditor of state, | 1140 |
treasurer of state, or attorney general decides to exempt the | 1141 |
officer's employees from the mandatory cost savings days and so | 1142 |
notifies the director of administrative services in the manner the | 1143 |
director of administrative services prescribes by rule adopted | 1144 |
under this section. | 1145 |
(D) The director shall adopt rules in accordance with Chapter | 1146 |
119. of the Revised Code to provide for the administration of the | 1147 |
1148 |
(E) The cost savings fund is hereby created in the state | 1149 |
treasury. Savings accrued through employee participation in the | 1150 |
mandatory cost savings program and in mandatory cost savings days | 1151 |
shall be allocated to the fund. The fund may be used to pay | 1152 |
employees who participated in the mandatory cost savings program | 1153 |
or in mandatory cost savings days. Any investment earnings of the | 1154 |
fund shall be credited to the fund. | 1155 |
Sec. 126.05. On or before the tenth day of each month, the | 1156 |
director of budget and management shall furnish to the governor | 1157 |
statements in such form as the governor requires showing the | 1158 |
condition of the general revenue fund. The statements shall | 1159 |
provide a summary of the status of appropriations to enable the | 1160 |
governor to exercise and maintain effective supervision and | 1161 |
control over the expenditures of the state. The director shall | 1162 |
also furnish statements the governor requests showing the | 1163 |
condition of any other fund. | 1164 |
If the governor ascertains that the available revenue | 1165 |
receipts and balances for the general revenue fund for the current | 1166 |
fiscal year will in all probability be less than the | 1167 |
appropriations for the year, | 1168 |
orders to the state agencies as will prevent their expenditures | 1169 |
and incurred obligations from exceeding such revenue receipts and | 1170 |
balances. | 1171 |
If the governor ascertains that the available revenue | 1172 |
receipts and balances for any fund other than the general revenue | 1173 |
fund for the current fiscal year will in all probability be less | 1174 |
than the appropriations for the year, | 1175 |
such orders to the state agencies as will prevent their | 1176 |
expenditures and incurred obligations from exceeding such revenue | 1177 |
receipts and balances. | 1178 |
If the governor determines that the available revenue | 1179 |
receipts and balances in any fund or across funds will likely be | 1180 |
less than the appropriations for the year, the governor may | 1181 |
declare a fiscal emergency and may issue such orders as necessary | 1182 |
to the director of budget and management to reduce expenditures, | 1183 |
or to the director of administrative services to implement | 1184 |
personnel actions consistent therewith, including, but not | 1185 |
limited to, mandatory cost savings days under section 124.392 of | 1186 |
the Revised Code. | 1187 |
As used in this section, "expenditures and incurred | 1188 |
obligations" includes all moneys expended or obligated pursuant to | 1189 |
appropriations by the general assembly that are calculated and | 1190 |
distributed pursuant to a distribution formula in law. | 1191 |
Sec. 2305.24. Any information, data, reports, or records | 1192 |
made available to a quality assurance committee or utilization | 1193 |
committee of a hospital or long-term care facility or of any | 1194 |
not-for-profit health care corporation that is a member of the | 1195 |
hospital or long-term care facility or of which the hospital or | 1196 |
long-term care facility is a member are confidential and shall be | 1197 |
used by the committee and the committee members only in the | 1198 |
exercise of the proper functions of the committee. Any | 1199 |
information, data, reports, or records made available to a | 1200 |
utilization committee of a state or local medical society composed | 1201 |
of doctors of medicine or doctors of osteopathic medicine are | 1202 |
confidential and shall be used by the committee and the committee | 1203 |
members only in the exercise of the proper functions of the | 1204 |
committee. A right of action similar to that a patient may have | 1205 |
against an attending physician for misuse of information, data, | 1206 |
reports, or records arising out of the physician-patient | 1207 |
relationship shall accrue against a member of a quality assurance | 1208 |
committee or utilization committee for misuse of any information, | 1209 |
data, reports, or records furnished to the committee by an | 1210 |
attending physician. No physician, institution, hospital, or | 1211 |
long-term care facility furnishing information, data, reports, or | 1212 |
records to a committee with respect to any patient examined or | 1213 |
treated by the physician or confined in the institution, hospital, | 1214 |
or long-term care facility shall, by reason of the furnishing, be | 1215 |
deemed liable in damages to any person, or be held to answer for | 1216 |
betrayal of a professional confidence within the meaning and | 1217 |
intent of section 4731.22 of the Revised Code. Information, data, | 1218 |
or reports furnished to a utilization committee of a state or | 1219 |
local medical society shall contain no name of any person involved | 1220 |
therein. | 1221 |
Any information, data, reports, or records made available to | 1222 |
a quality assurance committee of the bureau of workers' | 1223 |
compensation or the industrial commission that is responsible for | 1224 |
reviewing the professional qualifications and the performance of | 1225 |
providers conducting medical examinations or file reviews for the | 1226 |
bureau or the commission are confidential and shall be used by the | 1227 |
committee and the committee members only in the exercise of the | 1228 |
proper functions of the committee. | 1229 |
As used in this section, "utilization committee" is the | 1230 |
committee established to administer a utilization review plan of a | 1231 |
hospital, of a not-for-profit health care corporation which is a | 1232 |
member of the hospital or of which the hospital is a member, or of | 1233 |
a skilled nursing facility as provided in the "Health Insurance | 1234 |
for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k). | 1235 |
Sec. 2305.25. As used in this section and sections 2305.251 | 1236 |
to 2305.253 of the Revised Code: | 1237 |
(A)(1) "Health care entity" means an entity, whether acting | 1238 |
on its own behalf or on behalf of or in affiliation with other | 1239 |
health care entities, that conducts as part of its regular | 1240 |
business activities professional credentialing or quality review | 1241 |
activities involving the competence of, professional conduct of, | 1242 |
or quality of care provided by health care providers, including | 1243 |
both individuals who provide health care and entities that provide | 1244 |
health care. | 1245 |
(2) "Health care entity" includes any entity described in | 1246 |
division (A)(1) of this section, regardless of whether it is a | 1247 |
government entity; for-profit or nonprofit corporation; limited | 1248 |
liability company; partnership; professional corporation; state or | 1249 |
local society composed of physicians, dentists, optometrists, | 1250 |
psychologists, or pharmacists; or other health care organization. | 1251 |
(B) "Health insuring corporation" means an entity that holds | 1252 |
a certificate of authority under Chapter 1751. of the Revised | 1253 |
Code. "Health insuring corporation" includes wholly owned | 1254 |
subsidiaries of a health insuring corporation. | 1255 |
(C) "Hospital" means either of the following: | 1256 |
(1) An institution that has been registered or licensed by | 1257 |
the department of health as a hospital; | 1258 |
(2) An entity, other than an insurance company authorized to | 1259 |
do business in this state, that owns, controls, or is affiliated | 1260 |
with an institution that has been registered or licensed by the | 1261 |
department of health as a hospital. | 1262 |
(D) "Incident report or risk management report" means a | 1263 |
report of an incident involving injury or potential injury to a | 1264 |
patient as a result of patient care provided by health care | 1265 |
providers, including both individuals who provide health care and | 1266 |
entities that provide health care, that is prepared by or for the | 1267 |
use of a peer review committee of a health care entity and is | 1268 |
within the scope of the functions of that committee. | 1269 |
(E)(1) "Peer review committee" means a utilization review | 1270 |
committee, quality assessment committee, performance improvement | 1271 |
committee, tissue committee, credentialing committee, or other | 1272 |
committee that does either of the following: | 1273 |
(a) Conducts professional credentialing or quality review | 1274 |
activities involving the competence of, professional conduct of, | 1275 |
or quality of care provided by health care providers, including | 1276 |
both individuals who provide health care and entities that provide | 1277 |
health care; | 1278 |
(b) Conducts any other attendant hearing process initiated as | 1279 |
a result of a peer review committee's recommendations or actions. | 1280 |
(2) "Peer review committee" includes all of the following: | 1281 |
(a) A peer review committee of a hospital or long-term care | 1282 |
facility or a peer review committee of a nonprofit health care | 1283 |
corporation that is a member of the hospital or long-term care | 1284 |
facility or of which the hospital or facility is a member; | 1285 |
(b) A peer review committee of a community mental health | 1286 |
center; | 1287 |
(c) A board or committee of a hospital, a long-term care | 1288 |
facility, or other health care entity when reviewing professional | 1289 |
qualifications or activities of health care providers, including | 1290 |
both individuals who provide health care and entities that provide | 1291 |
health care; | 1292 |
(d) A peer review committee, professional standards review | 1293 |
committee, or arbitration committee of a state or local society | 1294 |
composed of members who are in active practice as physicians, | 1295 |
dentists, optometrists, psychologists, or pharmacists; | 1296 |
(e) A peer review committee of a health insuring corporation | 1297 |
that has at least a two-thirds majority of member physicians in | 1298 |
active practice and that conducts professional credentialing and | 1299 |
quality review activities involving the competence or professional | 1300 |
conduct of health care providers that adversely affects or could | 1301 |
adversely affect the health or welfare of any patient; | 1302 |
(f) A peer review committee of a health insuring corporation | 1303 |
that has at least a two-thirds majority of member physicians in | 1304 |
active practice and that conducts professional credentialing and | 1305 |
quality review activities involving the competence or professional | 1306 |
conduct of a health care facility that has contracted with the | 1307 |
health insuring corporation to provide health care services to | 1308 |
enrollees, which conduct adversely affects, or could adversely | 1309 |
affect, the health or welfare of any patient; | 1310 |
(g) A peer review committee of a sickness and accident | 1311 |
insurer that has at least a two-thirds majority of physicians in | 1312 |
active practice and that conducts professional credentialing and | 1313 |
quality review activities involving the competence or professional | 1314 |
conduct of health care providers that adversely affects or could | 1315 |
adversely affect the health or welfare of any patient; | 1316 |
(h) A peer review committee of a sickness and accident | 1317 |
insurer that has at least a two-thirds majority of physicians in | 1318 |
active practice and that conducts professional credentialing and | 1319 |
quality review activities involving the competence or professional | 1320 |
conduct of a health care facility that has contracted with the | 1321 |
insurer to provide health care services to insureds, which conduct | 1322 |
adversely affects, or could adversely affect, the health or | 1323 |
welfare of any patient; | 1324 |
(i) A peer review committee of any insurer authorized under | 1325 |
Title XXXIX of the Revised Code to do the business of medical | 1326 |
professional liability insurance in this state that conducts | 1327 |
professional quality review activities involving the competence or | 1328 |
professional conduct of health care providers that adversely | 1329 |
affects or could affect the health or welfare of any patient; | 1330 |
(j) A peer review committee of the bureau of workers' | 1331 |
compensation or the industrial commission that is responsible for | 1332 |
reviewing the professional qualifications and the performance of | 1333 |
providers conducting medical examinations or file reviews for the | 1334 |
bureau or the commission; | 1335 |
(k) Any other peer review committee of a health care entity. | 1336 |
(F) "Physician" means an individual authorized to practice | 1337 |
medicine and surgery, osteopathic medicine and surgery, or | 1338 |
podiatric medicine and surgery. | 1339 |
(G) "Sickness and accident insurer" means an entity | 1340 |
authorized under Title XXXIX of the Revised Code to do the | 1341 |
business of sickness and accident insurance in this state. | 1342 |
(H) "Tort action" means a civil action for damages for | 1343 |
injury, death, or loss to a patient of a health care entity. "Tort | 1344 |
action" includes a product liability claim, as defined in section | 1345 |
2307.71 of the Revised Code, and an asbestos claim, as defined in | 1346 |
section 2307.91 of the Revised Code, but does not include a civil | 1347 |
action for a breach of contract or another agreement between | 1348 |
persons. | 1349 |
Sec. 4121.04. (A) There is hereby created the industrial | 1350 |
commission nominating council consisting of | 1351 |
representatives | 1352 |
representative from the Ohio association for justice, and two | 1353 |
members of the public, each of a different political party, who | 1354 |
are appointed by the governor. The nominating council shall make | 1355 |
recommendations to the governor for the appointment of members | 1356 |
to the industrial commission as provided in section 4121.02 of | 1357 |
the Revised Code. | 1358 |
(B) | 1359 |
1360 | |
1361 | |
1362 | |
1363 | |
select the members representing employees from a list of eight | 1364 |
names submitted by the Ohio federation of labor, the member | 1365 |
representing the Ohio association for justice from a list of two | 1366 |
names submitted by the Ohio association of justice, and the | 1367 |
members
representing employers from a
list of | 1368 |
submitted
jointly by the | 1369 |
organizations
| 1370 |
1371 | |
1372 | |
1373 | |
1374 | |
appoint at least one member from each of the Ohio industry | 1375 |
organizations | 1376 |
1377 | |
list submitted by the Ohio industry organizations
| 1378 |
1379 | |
organizations | 1380 |
1381 | |
included in the list. | 1382 |
1383 | |
1384 | |
1385 | |
1386 | |
1387 | |
1388 | |
1389 | |
Terms of office of employer and employee representatives are for | 1390 |
four years, each term ending on the same day as the date of their | 1391 |
original appointment. The Ohio federation of labor for a vacancy | 1392 |
of an employee representative on the council, and the Ohio | 1393 |
industry organizations, for a vacancy of an employer | 1394 |
representative on the council, shall submit to the governor a list | 1395 |
containing two names for appointment and the governor shall | 1396 |
appoint an individual from the list to fill the vacancy provided | 1397 |
that the list submitted to fill an industry representative vacancy | 1398 |
shall contain the names of individuals who represent the | 1399 |
organizations for which a vacancy has occurred. One public member | 1400 |
shall represent the interests of small business | 1401 |
1402 | |
1403 | |
1404 | |
two years, each term ending on the same day as the date of their | 1405 |
original appointment. The governor shall fill a vacancy occurring | 1406 |
on the nominating council for a public member in the same manner | 1407 |
as for the original appointment but only for the unexpired part of | 1408 |
the term. As used in this division, "small business" means any | 1409 |
manufacturing establishment employing five hundred or fewer | 1410 |
employees or any retail, or other service establishment employing | 1411 |
one hundred or fewer employees. The representative from the Ohio | 1412 |
association for justice shall serve for a term of four years, each | 1413 |
term ending on the twentieth day of October of the appropriate | 1414 |
year. The governor shall fill a vacancy occurring on the | 1415 |
nominating council for the representative from the Ohio | 1416 |
association for justice in the same manner as the original | 1417 |
appointment. In the event that an appointment to the council | 1418 |
does not conform to this division, such organizations may | 1419 |
challenge the appointment pursuant to division (E) of this | 1420 |
section, provided that the industry organizations only may | 1421 |
challenge the appointment of an industry representative, and | 1422 |
further provided that the labor organization only may challenge | 1423 |
the appointment of a labor representative. | 1424 |
(C) | 1425 |
1426 | |
1427 | |
1428 | |
1429 | |
1430 | |
1431 | |
nominating council annually shall meet and elect such officers as | 1432 |
it determines appropriate and shall meet at such other times as | 1433 |
it determines appropriate in order to make recommendations to the | 1434 |
governor for the appointment of industrial commission members | 1435 |
pursuant to section 4121.02 of the Revised Code. | 1436 |
(D) Members of the nominating council shall be paid fifty | 1437 |
dollars per day and their actual and necessary expenses while | 1438 |
engaged in the performance of their duties as members of the | 1439 |
nominating council, which the industrial commission shall pay from | 1440 |
funds which the industrial commission uses to pay its operating | 1441 |
expenses. | 1442 |
(E) An association generally recognized as representing the | 1443 |
interests of labor or industry may file, within fifteen days after | 1444 |
the governor's appointment of a member, a challenge in the common | 1445 |
pleas court of Franklin county asserting that a representative | 1446 |
named to represent its interests is not representative of the | 1447 |
interests the appointee has been appointed to represent. An | 1448 |
appointee whose appointment has been challenged shall not receive | 1449 |
any pay nor serve on the nominating council until the court, | 1450 |
acting without a jury and following the expedited timetable | 1451 |
provided for hearing on restraining orders in Civil Rule 65, makes | 1452 |
a determination that the appointee is a true and qualified | 1453 |
representative of the group for which the appointee is selected | 1454 |
and possesses all of the qualifications. | 1455 |
A challenged appointee may request the attorney general to | 1456 |
represent the appointee in an action brought under this division | 1457 |
and the attorney general shall provide the appointee with | 1458 |
competent representation without charge. | 1459 |
(F) As used in this section, "Ohio industry organizations" | 1460 |
means all of the following organizations: | 1461 |
(1) The Ohio self-insurers' association; | 1462 |
(2) The Ohio manufacturers' association; | 1463 |
(3) The Ohio council of retail merchants; | 1464 |
(4) The Ohio chamber of commerce; | 1465 |
(5) The national federation of independent business. | 1466 |
Sec. 4123.511. (A) Within seven days after receipt of any | 1467 |
claim under this chapter, the bureau of workers' compensation | 1468 |
shall notify the claimant and the employer of the claimant of the | 1469 |
receipt of the claim and of the facts alleged therein. If the | 1470 |
bureau receives from a person other than the claimant written or | 1471 |
facsimile information or information communicated verbally over | 1472 |
the telephone indicating that an injury or occupational disease | 1473 |
has occurred or been contracted which may be compensable under | 1474 |
this chapter, the bureau shall notify the employee and the | 1475 |
employer of the information. If the information is provided | 1476 |
verbally over the telephone, the person providing the information | 1477 |
shall provide written verification of the information to the | 1478 |
bureau according to division (E) of section 4123.84 of the Revised | 1479 |
Code. The receipt of the information in writing or facsimile, or | 1480 |
if initially by telephone, the subsequent written verification, | 1481 |
and the notice by the bureau shall be considered an application | 1482 |
for compensation under section 4123.84 or 4123.85 of the Revised | 1483 |
Code, provided that the conditions of division (E) of section | 1484 |
4123.84 of the Revised Code apply to information provided verbally | 1485 |
over the telephone. Upon receipt of a claim, the bureau shall | 1486 |
advise the claimant of the claim number assigned and the | 1487 |
claimant's right to representation in the processing of a claim or | 1488 |
to elect no representation. If the bureau determines that a claim | 1489 |
is determined to be a compensable lost-time claim, the bureau | 1490 |
shall notify the claimant and the employer of the availability of | 1491 |
rehabilitation services. No bureau or industrial commission | 1492 |
employee shall directly or indirectly convey any information in | 1493 |
derogation of this right. This section shall in no way abrogate | 1494 |
the bureau's responsibility to aid and assist a claimant in the | 1495 |
filing of a claim and to advise the claimant of the claimant's | 1496 |
rights under the law. | 1497 |
The administrator of workers' compensation shall assign all | 1498 |
claims and investigations to the bureau service office from which | 1499 |
investigation and determination may be made most expeditiously. | 1500 |
The bureau shall investigate the facts concerning an injury | 1501 |
or occupational disease and ascertain such facts in whatever | 1502 |
manner is most appropriate and may obtain statements of the | 1503 |
employee, employer, attending physician, and witnesses in whatever | 1504 |
manner is most appropriate. | 1505 |
The administrator, with the advice and consent of the bureau | 1506 |
of workers' compensation board of directors, may adopt rules that | 1507 |
identify specified medical conditions that have a historical | 1508 |
record of being allowed whenever included in a claim. The | 1509 |
administrator may grant immediate allowance of any medical | 1510 |
condition identified in those rules upon the filing of a claim | 1511 |
involving that medical condition and may make immediate payment of | 1512 |
medical bills for any medical condition identified in those rules | 1513 |
that is included in a claim. If an employer contests the allowance | 1514 |
of a claim involving any medical condition identified in those | 1515 |
rules, and the claim is disallowed, payment for the medical | 1516 |
condition included in that claim shall be charged to and paid from | 1517 |
the surplus fund created under section 4123.34 of the Revised | 1518 |
Code. | 1519 |
(B)(1) Except as provided in division (B)(2) of this section, | 1520 |
in claims other than those in which the employer is a | 1521 |
self-insuring employer, if the administrator determines under | 1522 |
division (A) of this section that a claimant is or is not entitled | 1523 |
to an award of compensation or benefits, the administrator shall | 1524 |
issue an order no later than twenty-eight days after the sending | 1525 |
of the notice under division (A) of this section, granting or | 1526 |
denying the payment of the compensation or benefits, or both as is | 1527 |
appropriate to the claimant. Notwithstanding the time limitation | 1528 |
specified in this division for the issuance of an order, if a | 1529 |
medical examination of the claimant is required by statute, the | 1530 |
administrator promptly shall schedule the claimant for that | 1531 |
examination and shall issue an order no later than twenty-eight | 1532 |
days after receipt of the report of the examination. The | 1533 |
administrator shall notify the claimant and the employer of the | 1534 |
claimant and their respective representatives in writing of the | 1535 |
nature of the order and the amounts of compensation and benefit | 1536 |
payments involved. The employer or claimant may appeal the order | 1537 |
pursuant to division (C) of this section within fourteen days | 1538 |
after the date of the receipt of the order. The employer and | 1539 |
claimant may waive, in writing, their rights to an appeal under | 1540 |
this division. | 1541 |
(2) Notwithstanding the time limitation specified in division | 1542 |
(B)(1) of this section for the issuance of an order, if the | 1543 |
employer certifies a claim for payment of compensation or | 1544 |
benefits, or both, to a claimant, and the administrator has | 1545 |
completed the investigation of the claim, the payment of benefits | 1546 |
or compensation, or both, as is appropriate, shall commence upon | 1547 |
the later of the date of the certification or completion of the | 1548 |
investigation and issuance of the order by the administrator, | 1549 |
provided that the administrator shall issue the order no later | 1550 |
than the time limitation specified in division (B)(1) of this | 1551 |
section. | 1552 |
(3) If an appeal is made under division (B)(1) or (2) of this | 1553 |
section, the administrator shall forward the claim file to the | 1554 |
appropriate district hearing officer within seven days of the | 1555 |
appeal. In contested claims other than state fund claims, the | 1556 |
administrator shall forward the claim within seven days of the | 1557 |
administrator's receipt of the claim to the industrial commission, | 1558 |
which shall refer the claim to an appropriate district hearing | 1559 |
officer for a hearing in accordance with division (C) of this | 1560 |
section. | 1561 |
(C) If an employer or claimant timely appeals the order of | 1562 |
the administrator issued under division (B) of this section or in | 1563 |
the case of other contested claims other than state fund claims, | 1564 |
the commission shall refer the claim to an appropriate district | 1565 |
hearing officer according to rules the commission adopts under | 1566 |
section 4121.36 of the Revised Code. The district hearing officer | 1567 |
shall notify the parties and their respective representatives of | 1568 |
the time and place of the hearing. | 1569 |
The district hearing officer shall hold a hearing on a | 1570 |
disputed issue or claim within forty-five days after the filing of | 1571 |
the appeal under this division and issue a decision within seven | 1572 |
days after holding the hearing. The district hearing officer shall | 1573 |
notify the parties and their respective representatives in writing | 1574 |
of the order. Any party may appeal an order issued under this | 1575 |
division pursuant to division (D) of this section within fourteen | 1576 |
days after receipt of the order under this division. | 1577 |
(D) Upon the timely filing of an appeal of the order of the | 1578 |
district hearing officer issued under division (C) of this | 1579 |
section, the commission shall refer the claim file to an | 1580 |
appropriate staff hearing officer according to its rules adopted | 1581 |
under section 4121.36 of the Revised Code. The staff hearing | 1582 |
officer shall hold a hearing within forty-five days after the | 1583 |
filing of an appeal under this division and issue a decision | 1584 |
within seven days after holding the hearing under this division. | 1585 |
The staff hearing officer shall notify the parties and their | 1586 |
respective representatives in writing of the staff hearing | 1587 |
officer's order. Any party may appeal an order issued under this | 1588 |
division pursuant to division (E) of this section within fourteen | 1589 |
days after receipt of the order under this division. | 1590 |
(E) Upon the filing of a timely appeal of the order of the | 1591 |
staff hearing officer issued under division (D) of this section, | 1592 |
the commission or a designated staff hearing officer, on behalf of | 1593 |
the commission, shall determine whether the commission will hear | 1594 |
the appeal. If the commission or the designated staff hearing | 1595 |
officer decides to hear the appeal, the commission or the | 1596 |
designated staff hearing officer shall notify the parties and | 1597 |
their respective representatives in writing of the time and place | 1598 |
of the hearing. The commission shall hold the hearing within | 1599 |
forty-five days after the filing of the notice of appeal and, | 1600 |
within seven days after the conclusion of the hearing, the | 1601 |
commission shall issue its order affirming, modifying, or | 1602 |
reversing the order issued under division (D) of this section. The | 1603 |
commission shall notify the parties and their respective | 1604 |
representatives in writing of the order. If the commission or the | 1605 |
designated staff hearing officer determines not to hear the | 1606 |
appeal, within fourteen days after the | 1607 |
1608 | |
the staff hearing officer may be filed as provided in division (D) | 1609 |
of this section, the commission or the designated staff hearing | 1610 |
officer shall issue an order to that effect and notify the | 1611 |
parties and their respective representatives in writing of that | 1612 |
order. | 1613 |
Except as otherwise provided in this chapter and Chapters | 1614 |
4121., 4127., and 4131. of the Revised Code, any party may appeal | 1615 |
an order issued under this division to the court pursuant to | 1616 |
section 4123.512 of the Revised Code within sixty days after | 1617 |
receipt of the order, subject to the limitations contained in that | 1618 |
section. | 1619 |
(F) Every notice of an appeal from an order issued under | 1620 |
divisions (B), (C), (D), and (E) of this section shall state the | 1621 |
names of the claimant and employer, the number of the claim, the | 1622 |
date of the decision appealed from, and the fact that the | 1623 |
appellant appeals therefrom. | 1624 |
(G) All of the following apply to the proceedings under | 1625 |
divisions (C), (D), and (E) of this section: | 1626 |
(1) The parties shall proceed promptly and without | 1627 |
continuances except for good cause; | 1628 |
(2) The parties, in good faith, shall engage in the free | 1629 |
exchange of information relevant to the claim prior to the conduct | 1630 |
of a hearing according to the rules the commission adopts under | 1631 |
section 4121.36 of the Revised Code; | 1632 |
(3) The administrator is a party and may appear and | 1633 |
participate at all administrative proceedings on behalf of the | 1634 |
state insurance fund. However, in cases in which the employer is | 1635 |
represented, the administrator shall neither present arguments nor | 1636 |
introduce testimony that is cumulative to that presented or | 1637 |
introduced by the employer or the employer's representative. The | 1638 |
administrator may file an appeal under this section on behalf of | 1639 |
the state insurance fund; however, except in cases arising under | 1640 |
section 4123.343 of the Revised Code, the administrator only may | 1641 |
appeal questions of law or issues of fraud when the employer | 1642 |
appears in person or by representative. | 1643 |
(H) Except as provided in section 4121.63 of the Revised Code | 1644 |
and division (K) of this section, payments of compensation to a | 1645 |
claimant or on behalf of a claimant as a result of any order | 1646 |
issued under this chapter shall commence upon the earlier of the | 1647 |
following: | 1648 |
(1) Fourteen days after the date the administrator issues an | 1649 |
order under division (B) of this section, unless that order is | 1650 |
appealed; | 1651 |
(2) The date when the employer has waived the right to appeal | 1652 |
a decision issued under division (B) of this section; | 1653 |
(3) If no appeal of an order has been filed under this | 1654 |
section or to a court under section 4123.512 of the Revised Code, | 1655 |
the expiration of the time limitations for the filing of an appeal | 1656 |
of an order; | 1657 |
(4) The date of receipt by the employer of an order of a | 1658 |
district hearing officer, a staff hearing officer, or the | 1659 |
industrial commission issued under division (C), (D), or (E) of | 1660 |
this section. | 1661 |
(I) Payments of medical benefits payable under this chapter | 1662 |
or Chapter 4121., 4127., or 4131. of the Revised Code shall | 1663 |
commence upon the earlier of the following: | 1664 |
(1) The date of the issuance of the staff hearing officer's | 1665 |
order under division (D) of this section; | 1666 |
(2) The date of the final administrative or judicial | 1667 |
determination. | 1668 |
(J) The administrator shall charge the compensation payments | 1669 |
made in accordance with division (H) of this section or medical | 1670 |
benefits payments made in accordance with division (I) of this | 1671 |
section to an employer's experience immediately after the employer | 1672 |
has exhausted the employer's administrative appeals as provided in | 1673 |
this section or has waived the employer's right to an | 1674 |
administrative appeal under division (B) of this section, subject | 1675 |
to the adjustment specified in division (H) of section 4123.512 of | 1676 |
the Revised Code. | 1677 |
(K) Upon the final administrative or judicial determination | 1678 |
under this section or section 4123.512 of the Revised Code of an | 1679 |
appeal of an order to pay compensation, if a claimant is found to | 1680 |
have received compensation pursuant to a prior order which is | 1681 |
reversed upon subsequent appeal, the claimant's employer, if a | 1682 |
self-insuring employer, or the bureau, shall withhold from any | 1683 |
amount to which the claimant becomes entitled pursuant to any | 1684 |
claim, past, present, or future, under Chapter 4121., 4123., | 1685 |
4127., or 4131. of the Revised Code, the amount of previously paid | 1686 |
compensation to the claimant which, due to reversal upon appeal, | 1687 |
the claimant is not entitled, pursuant to the following criteria: | 1688 |
(1) No withholding for the first twelve weeks of temporary | 1689 |
total disability compensation pursuant to section 4123.56 of the | 1690 |
Revised Code shall be made; | 1691 |
(2) Forty per cent of all awards of compensation paid | 1692 |
pursuant to sections 4123.56 and 4123.57 of the Revised Code, | 1693 |
until the amount overpaid is refunded; | 1694 |
(3) Twenty-five per cent of any compensation paid pursuant to | 1695 |
section 4123.58 of the Revised Code until the amount overpaid is | 1696 |
refunded; | 1697 |
(4) If, pursuant to an appeal under section 4123.512 of the | 1698 |
Revised Code, the court of appeals or the supreme court reverses | 1699 |
the allowance of the claim, then no amount of any compensation | 1700 |
will be withheld. | 1701 |
The administrator and self-insuring employers, as | 1702 |
appropriate, are subject to the repayment schedule of this | 1703 |
division only with respect to an order to pay compensation that | 1704 |
was properly paid under a previous order, but which is | 1705 |
subsequently reversed upon an administrative or judicial appeal. | 1706 |
The administrator and self-insuring employers are not subject to, | 1707 |
but may utilize, the repayment schedule of this division, or any | 1708 |
other lawful means, to collect payment of compensation made to a | 1709 |
person who was not entitled to the compensation due to fraud as | 1710 |
determined by the administrator or the industrial commission. | 1711 |
(L) If a staff hearing officer or the commission fails to | 1712 |
issue a decision or the commission fails to refuse to hear an | 1713 |
appeal within the time periods required by this section, payments | 1714 |
to a claimant shall cease until the staff hearing officer or | 1715 |
commission issues a decision or hears the appeal, unless the | 1716 |
failure was due to the fault or neglect of the employer or the | 1717 |
employer agrees that the payments should continue for a longer | 1718 |
period of time. | 1719 |
(M) Except as otherwise provided in this section or section | 1720 |
4123.522 of the Revised Code, no appeal is timely filed under this | 1721 |
section unless the appeal is filed with the time limits set forth | 1722 |
in this section. | 1723 |
(N) No person who is not an employee of the bureau or | 1724 |
commission or who is not by law given access to the contents of a | 1725 |
claims file shall have a file in the person's possession. | 1726 |
(O) Upon application of a party who resides in an area in | 1727 |
which an emergency or disaster is declared, the industrial | 1728 |
commission and hearing officers of the commission may waive the | 1729 |
time frame within which claims and appeals of claims set forth in | 1730 |
this section must be filed upon a finding that the applicant was | 1731 |
unable to comply with a filing deadline due to an emergency or a | 1732 |
disaster. | 1733 |
As used in this division: | 1734 |
(1) "Emergency" means any occasion or instance for which the | 1735 |
governor of Ohio or the president of the United States publicly | 1736 |
declares an emergency and orders state or federal assistance to | 1737 |
save lives and protect property, the public health and safety, or | 1738 |
to lessen or avert the threat of a catastrophe. | 1739 |
(2) "Disaster" means any natural catastrophe or fire, flood, | 1740 |
or explosion, regardless of the cause, that causes damage of | 1741 |
sufficient magnitude that the governor of Ohio or the president of | 1742 |
the United States, through a public declaration, orders state or | 1743 |
federal assistance to alleviate damage, loss, hardship, or | 1744 |
suffering that results from the occurrence. | 1745 |
Section 102. That existing sections 124.15, 124.18, 124.181, | 1746 |
124.34, 124.385, 124.392, 126.05, 2305.24, 2305.25, 4121.04, and | 1747 |
4123.511 of the Revised Code are hereby repealed. | 1748 |
Section 201. All items in this section are hereby | 1749 |
appropriated out of any moneys in the state treasury to the | 1750 |
credit of the designated fund. For all appropriations made in this | 1751 |
section, those in the first column are for fiscal year 2010, and | 1752 |
those in the second column are for fiscal year 2011. | 1753 |
Appropriations | 1754 |
FND | AI | AI TITLE | FY 2010 | FY 2011 | 1755 |
1756 | |
Workers' Compensation Fund Group | 1757 |
5W30 | 845321 | Operating Expenses | $ | 50,838,924 | $ | 52,838,924 | 1758 | ||||
5W30 | 845402 | Rent - William Green Building | $ | 6,149,960 | $ | 6,011,960 | 1759 | ||||
5W30 | 845410 | Attorney General Payments | $ | 3,793,650 | $ | 3,793,650 | 1760 | ||||
TOTAL WCF Workers' Compensation | 1761 | ||||||||||
Fund Group | $ | 60,782,534 | $ | 62,644,534 | 1762 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 60,782,534 | $ | 62,644,534 | 1763 |
RENT - WILLIAM GREEN BUILDING | 1764 |
The foregoing appropriation item 845402, Rent - William Green | 1765 |
Building, shall be used for rent and operating expenses for the | 1766 |
space occupied by the Industrial Commission in the William Green | 1767 |
Building. | 1768 |
Section 210. Nothing in this act shall affect the term of | 1769 |
any member of the Industrial Commission Nominating Council | 1770 |
serving on the effective date of this section. | 1771 |
The Governor shall appoint to the Industrial Commission | 1772 |
Nominating Council a person to serve as a member who represents | 1773 |
employers and a person to serve as a representative from the Ohio | 1774 |
Association for Justice not later than fourteen days after the | 1775 |
effective date of this section, and those members shall take | 1776 |
office not later than ninety days after the effective date of | 1777 |
this section. The Governor shall choose the employer | 1778 |
representative from a list of two names selected by the National | 1779 |
Federation of Independent Business and shall appoint that | 1780 |
employer representative to a term ending October 20, 2013. The | 1781 |
Governor shall appoint the representative from the Ohio | 1782 |
Association for Justice to a term ending October 20, 2010. | 1783 |
Except as otherwise provided in this section, the | 1784 |
appointments made by the Governor pursuant to this section shall | 1785 |
comply with section 4121.04 of the Revised Code, as amended by | 1786 |
this act. | 1787 |
Section 310. Within the limits set forth in this act, the | 1788 |
Director of Budget and Management shall establish accounts | 1789 |
indicating the source and amount of funds for each appropriation | 1790 |
made in this act, and shall determine the form and manner in which | 1791 |
appropriation accounts shall be maintained. | 1792 |
Section 315. Except as provided in divisions (C) and (D) of | 1793 |
this section, there is hereby appropriated for the period July 1, | 1794 |
2009, through July 7, 2009, to each agency, board, commission, | 1795 |
department, office, authority, or other organization for which an | 1796 |
appropriation was made by the 127th General Assembly, out of | 1797 |
money in the state treasury to the credit of the respective | 1798 |
funds of the state from which appropriations were made for the | 1799 |
2009 fiscal year, for each specific item for which an | 1800 |
appropriation was made by the 127th General Assembly, taking | 1801 |
into account Controlling Board actions and executive budget | 1802 |
reductions, an amount equal to the following: | 1803 |
(A) For General Revenue Fund appropriation items, seventy per | 1804 |
cent of one fifty-second of each item's adjusted spending levels | 1805 |
for the 2009 fiscal year as adjusted by all budget directives | 1806 |
issued by the Office of Budget and Management pursuant to | 1807 |
Executive Order 2008-01S. Where additional amounts are necessary | 1808 |
to pay the wages, benefits, and other payroll related expenses of | 1809 |
state employees, those additional amounts are hereby appropriated. | 1810 |
(B) For federal special revenue, state special revenue, or | 1811 |
proprietary appropriation items, one hundred per cent of one | 1812 |
fifty-second of each item's adjusted spending levels for the 2009 | 1813 |
fiscal year as adjusted by all budget directives issued by the | 1814 |
Office of Budget and Management pursuant to Executive Order | 1815 |
2008-01S. | 1816 |
(C) It is expressly provided as follows: | 1817 |
(1) There is hereby appropriated from the money in the state | 1818 |
treasury an amount equal to one hundred per cent of spending | 1819 |
levels equal to the second foundation payment made in June of 2009 | 1820 |
for appropriation item 200550, Foundation Funding. | 1821 |
(2) There is hereby appropriated from the money in the state | 1822 |
treasury an amount equal to one-twelfth of spending levels for the | 1823 |
2009 fiscal year for appropriation item 235501, State Share of | 1824 |
Instruction. | 1825 |
(3) There is hereby appropriated to those agencies mentioned | 1826 |
in Section 420 of this act those moneys received from the federal | 1827 |
government pursuant to the American Reinvestment and Recovery Act. | 1828 |
(4) There is hereby appropriated those amounts necessary for | 1829 |
expenses incurred in appropriation item 600525 for Medicaid. Rates | 1830 |
reimbursed for providers for the period from July 1, 2009, through | 1831 |
July 7, 2009, shall be the same as rates on June 29, 2009. | 1832 |
(5) No money is appropriated for programs or agencies that | 1833 |
were terminated by action of law, other than the expiration of an | 1834 |
appropriation item, prior to June 30, 2009. | 1835 |
(6) No money shall be spent by any state agency for any | 1836 |
program that is new or to the extent it has been expanded other | 1837 |
than by operation of law. | 1838 |
(7) Specific appropriations are made elsewhere in this act | 1839 |
for the purpose of paying debt service and financing costs on | 1840 |
bonds or notes of the state issued under the Ohio Constitution and | 1841 |
acts of the General Assembly. If it is determined that additional | 1842 |
appropriations are necessary for this purpose, such amounts are | 1843 |
hereby appropriated. | 1844 |
(8) No money is appropriated for any purpose for which | 1845 |
appropriations are made elsewhere in this act. | 1846 |
(9) No money is appropriated for capital purposes other than | 1847 |
by reappropriation of unexpended balances of existing | 1848 |
appropriations. | 1849 |
(10) No money is appropriated for purposes that have full | 1850 |
fiscal year 2010 appropriations by another act of the General | 1851 |
Assembly. | 1852 |
(D) There is hereby appropriated for the period July 1, 2009, | 1853 |
through July 7, 2009, to the legislative and judicial branches and | 1854 |
their respective agencies seventy per cent of one-fifty second of | 1855 |
those agencies' adjusted spending levels for the 2009 fiscal year | 1856 |
as adjusted by all budget directives issued by the Office of | 1857 |
Budget and Management pursuant to the Executive Order 2008-01S. | 1858 |
The Director of Budget and Management shall make any | 1859 |
determinations necessary to decide which provision applies from | 1860 |
this section. All appropriations contained in this act, except for | 1861 |
appropriation item 911401, Emergency Purposes/Contingencies and | 1862 |
appropriation item 911412, OBM-Uneven Cash Distribution, shall be | 1863 |
cumulative with any subsequent appropriation act of the 128th | 1864 |
General Assembly, and the Director of Budget and Management shall | 1865 |
account for expenditures from appropriations contained in this act | 1866 |
accordingly. | 1867 |
Section 320. There is hereby appropriated for the fiscal year | 1868 |
2010-2011 biennium, out of money in the state treasury to the | 1869 |
credit of the General Revenue Fund, the following sums: | 1870 |
Appropriations |
1871 | |
General Revenue Fund | 1872 |
GRF | 911401 | Emergency Purposes/Contingencies | $ | 20,000,000 | 1873 | |||
GRF | 911412 | OBM-Uneven Cash Distribution | $ | 250,000,000 | 1874 | |||
TOTAL GRF General Revenue Fund | $ | 270,000,000 | 1875 | |||||
TOTAL ALL BUDGET FUND GROUPS | $ | 270,000,000 | 1876 |
EMERGENCY PURPOSES/CONTINGENCIES AND OBM-UNEVEN CASH | 1877 |
DISTRIBUTION | 1878 |
The foregoing appropriation item 911401, Emergency | 1879 |
Purposes/Contingencies, may be transferred by the Controlling | 1880 |
Board to any agency, board, commission, department, office, | 1881 |
authority, or other organization that urgently requires funds in | 1882 |
excess of those appropriated in Section 315 of this act because of | 1883 |
cash flow, seasonal, contractual obligation, or other special | 1884 |
factors. | 1885 |
The foregoing appropriation item 911412, OBM-Uneven Cash | 1886 |
Distribution, may be transferred by the Director of Budget and | 1887 |
Management to any agency, board, commission, department, office, | 1888 |
authority, or other organization when the Director determines that | 1889 |
because of cash flow, seasonal, contractual obligation, or other | 1890 |
special factors requiring a higher disbursement, the specific | 1891 |
appropriations made to the agency, board, commission, department, | 1892 |
office, authority, or other organization are inadequate to carry | 1893 |
out the purpose for which the specific appropriations are made. | 1894 |
For the same purposes as the preceding paragraph there is | 1895 |
hereby appropriated up to $200,000,000 from funds other than the | 1896 |
General Revenue Fund for use by the Director of Budget and | 1897 |
Management for Uneven Cash Distributions for non-GRF appropriation | 1898 |
items. | 1899 |
When transfers are made from either appropriation item | 1900 |
911401, Emergency Purposes/Contingencies, or 911412, OBM-Uneven | 1901 |
Cash Distribution, to other appropriation items, the | 1902 |
appropriations to the affected items shall be increased by any | 1903 |
estimated amount of federal reimbursement that will be received. | 1904 |
Such additional amounts are hereby appropriated. | 1905 |
Section 325. For the period July 1, 2009, through June 30, | 1906 |
2011, there is hereby appropriated from the General Revenue Fund, | 1907 |
Liquor Control Fund, and any other fund designated by or pursuant | 1908 |
to applicable proceedings authorizing the issuance of bonds, | 1909 |
notes, or other obligations of the state issued pursuant to the | 1910 |
Ohio Constitution and acts of the General Assembly, amounts | 1911 |
necessary to fully and timely pay debt service and financing | 1912 |
costs on those bonds, notes, or other obligations. | 1913 |
Section 330. There is hereby appropriated necessary amounts | 1914 |
determined by the Director of Budget and Management out of money | 1915 |
in the state treasury to the following appropriation items for the | 1916 |
fiscal year ending June 30, 2010, for the purposes of | 1917 |
administering the following employee benefits program in | 1918 |
accordance with law. | 1919 |
PAY EMPLOYEE BENEFITS FUNDS | 1920 |
Accrued Leave Liability Fund Group | 1921 |
8060 | 995666 | Accrued Leave Fund | 1922 | ||
8070 | 995667 | Disability Fund | 1923 |
Agency Fund Group | 1924 |
1240 | 995673 | Payroll Deductions | 1925 | ||
8080 | 995668 | State Employee Health Benefit Fund | 1926 | ||
8090 | 995669 | Dependent Care Spending Account | 1927 | ||
8100 | 995670 | Life Insurance Investment Fund | 1928 | ||
8110 | 995671 | Parental Leave Benefit Fund | 1929 | ||
8130 | 995672 | Health Care Spending Account | 1930 | ||
8140 | 995674 | Cost Savings Day Fund | 1931 |
Except for the Cost Savings Day Fund described and | 1932 |
appropriated below, the foregoing funds shall be used consistent | 1933 |
with the purposes enumerated in Am. Sub. H.B. 119 of the 127th | 1934 |
General Assembly. | 1935 |
There is hereby appropriated the amounts determined necessary | 1936 |
by the Director of Budget and Management during the fiscal year | 1937 |
ending June 30, 2010, for appropriation item 995674, Cost Savings | 1938 |
Day Fund, which shall be used by the Director in accordance with | 1939 |
the provisions of division (E) of section 124.392 of the Revised | 1940 |
Code to pay employees who participated in a mandatory cost | 1941 |
savings program, or to reimburse employees who did not fully | 1942 |
participate in a mandatory cost savings program by the close of | 1943 |
each fiscal year. Notwithstanding any provision of law to the | 1944 |
contrary, in fiscal year 2010 the Director may transfer agency | 1945 |
savings achieved from the use of a mandatory cost savings program | 1946 |
to the General Revenue Fund or any other fund as deemed necessary | 1947 |
by the Director. The Director may make temporary cash transfers | 1948 |
from the General Revenue Fund to ensure sufficient balances in | 1949 |
the Cost Savings Fund and may replenish the General Revenue Fund | 1950 |
for such transfers. | 1951 |
Section 335. There is hereby appropriated necessary amounts | 1952 |
determined by the Director of Budget and Management out of money | 1953 |
in the state treasury to the following appropriation items during | 1954 |
the fiscal year ending June 30, 2010, for the purposes of | 1955 |
administering and distributing revenue distribution funds in | 1956 |
accordance with law. | 1957 |
1958 | |
Volunteer Firefighters' Dependents Fund | 1959 |
7085 | 800985 | Volunteer Firemen's Dependents Fund | 1960 | ||
Agency Fund Group | 1961 | ||||
4P80 | 001698 | Cash Management Improvement Fund | 1962 | ||
6080 | 001699 | Investment Earnings | 1963 | ||
7062 | 110962 | Resort Area Excise Tax | 1964 | ||
7063 | 110963 | Permissive Tax Distribution | 1965 | ||
7067 | 110967 | School District Income Tax | 1966 |
Holding Account Redistribution | 1967 |
R045 | 110617 | International Fuel Tax Distribution | 1968 | ||
Revenue Distribution Fund Group | 1969 | ||||
7049 | 038900 | Indigent Drivers Alcohol Treatment | 1970 | ||
7050 | 762900 | International Registration Plan Distribution | 1971 | ||
7051 | 762901 | Auto Registration Distribution | 1972 | ||
7054 | 110954 | Local Government Property Tax Replacement - Utility | 1973 | ||
7060 | 110960 | Gasoline Excise Tax Fund | 1974 | ||
7065 | 110965 | Public Library Fund | 1975 | ||
7066 | 800966 | Undivided Liquor Permits | 1976 | ||
7068 | 110968 | State and Local Government Highway Distribution | 1977 | ||
7069 | 110969 | Local Government Fund | 1978 | ||
7081 | 110981 | Local Government Property Tax Replacement-Business | 1979 | ||
7082 | 110982 | Horse Racing Tax | 1980 | ||
7083 | 700900 | Ohio Fairs Fund | 1981 |
GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY | 1982 |
TAX REPLACEMENT FUND (FUND 7081) | 1983 |
Notwithstanding any provision of law to the contrary, in | 1984 |
fiscal year 2010, the Director of Budget and Management may | 1985 |
transfer from the General Revenue Fund to the Local Government | 1986 |
Property Tax Replacement Fund - Business (Fund 7081) in the | 1987 |
Revenue Distribution Fund, those amounts necessary to reimburse | 1988 |
local taxing units under section 5751.22 of the Revised Code. | 1989 |
Also, in fiscal year 2010, the Director of Budget and Management | 1990 |
may make temporary transfers from the General Revenue Fund to | 1991 |
ensure sufficient balances in the Local Government Property Tax | 1992 |
Replacement Fund - Business (Fund 7081) and to replenish the | 1993 |
General Revenue Fund for such transfers. | 1994 |
Section 340. TRANSFERS FROM THE BUDGET STABILIZATION FUND | 1995 |
Notwithstanding any provision of law to the contrary, the | 1996 |
Director of Budget and Management, in fiscal year 2009, may | 1997 |
transfer cash from the Budget Stabilization Fund to the General | 1998 |
Revenue Fund. The transferred funds are to be used to help balance | 1999 |
General Revenue Fund revenues with General Revenue Fund current | 2000 |
expenses in fiscal year 2009. Before any such transfer, the | 2001 |
Director shall notify the Governor, the Speaker of the House of | 2002 |
Representatives, the President of the Senate, and the Minority | 2003 |
Leaders of the House of Representatives and the Senate of the | 2004 |
date and amount of the transfer and the cash balance remaining in | 2005 |
the Budget Stabilization Fund. | 2006 |
Section 350. EXPENDITURES AND APPROPRIATION INCREASES | 2007 |
APPROVED BY THE CONTROLLING BOARD | 2008 |
Any money that the Controlling Board approves for expenditure | 2009 |
and any increase in appropriations that the Controlling Board | 2010 |
approves pursuant to section 127.14, 131.35, or 131.39 of the | 2011 |
Revised Code or any other provision of law is appropriated for the | 2012 |
period ending June 30, 2011. | 2013 |
Section 360. PERSONAL SERVICE EXPENSES | 2014 |
Unless otherwise prohibited by law, any appropriation from | 2015 |
which personal service expenses are paid shall bear the employer's | 2016 |
share of public employees' retirement, workers' compensation, | 2017 |
disabled workers' relief, and all group insurance programs; the | 2018 |
costs of centralized accounting, centralized payroll processing, | 2019 |
and related personnel reports and services; the cost of the Office | 2020 |
of Collective Bargaining; the cost of the Personnel Board of | 2021 |
Review; the cost of the Employee Assistance Program; the cost of | 2022 |
the affirmative action and equal employment opportunity programs | 2023 |
administered by the Department of Administrative Services; the | 2024 |
costs of interagency information management infrastructure; and | 2025 |
the cost of administering the state employee merit system as | 2026 |
required by section 124.07 of the Revised Code. These costs shall | 2027 |
be determined in conformity with the appropriate sections of law | 2028 |
and paid in accordance with procedures specified by the Office of | 2029 |
Budget and Management. Expenditures from appropriation item | 2030 |
070601, Public Audit Expense - Local Government, may be exempted | 2031 |
from the requirements of this section. | 2032 |
Section 365. REISSUANCE OF VOIDED WARRANTS | 2033 |
In order to provide funds for the reissuance of voided | 2034 |
warrants pursuant to section 126.37 of the Revised Code, there is | 2035 |
appropriated, out of money in the state treasury from the fund | 2036 |
credited as provided in section 126.37 of the Revised Code, that | 2037 |
amount sufficient to pay such warrants when approved by the Office | 2038 |
of Budget and Management. | 2039 |
Section 370. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF | 2040 |
STATE | 2041 |
Certain appropriations are in this act for the purpose of | 2042 |
making lease rental payments pursuant to leases and agreements | 2043 |
relating to bonds or notes issued under Section 2i of Article | 2044 |
VIII, Ohio Constitution, and Chapter 152. of the Revised Code by | 2045 |
the Ohio Building Authority or the Treasurer of State or, | 2046 |
previously, by the Ohio Public Facilities Commission, pursuant to | 2047 |
the Ohio Constitution and acts of the General Assembly. If it is | 2048 |
determined that additional amounts are necessary for this purpose, | 2049 |
such amounts are hereby appropriated. | 2050 |
Section 375. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO | 2051 |
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS | 2052 |
The Office of Budget and Management shall process payments | 2053 |
from general obligation and lease rental payment appropriation | 2054 |
items during the period from July 1, 2009, to June 30, 2011, | 2055 |
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m, | 2056 |
2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio Constitution, and | 2057 |
Chapters 151. and 154. of the Revised Code. Payments shall be | 2058 |
made upon certification by the Treasurer of State, Officer of the | 2059 |
Sinking Fund, of the dates and amounts due on those dates. | 2060 |
Section 380. AUTHORIZATION FOR OHIO BUILDING AUTHORITY AND | 2061 |
OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS | 2062 |
The Office of Budget and Management shall process payments | 2063 |
from lease rental payment appropriation items during the period | 2064 |
from July 1, 2009, to June 30, 2011, pursuant to the lease | 2065 |
agreements entered into relating to bonds or notes issued under | 2066 |
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of | 2067 |
the Revised Code. Payments shall be made upon certification by the | 2068 |
Ohio Building Authority of the dates and the amounts due on those | 2069 |
dates. | 2070 |
Section 385. STATE AND LOCAL REBATE AUTHORIZATION | 2071 |
There is hereby appropriated, from those funds designated by | 2072 |
or pursuant to the applicable proceedings authorizing the issuance | 2073 |
of state obligations, amounts computed at the time to represent | 2074 |
the portion of investment income to be rebated or amounts in lieu | 2075 |
of or in addition to any rebate amount to be paid to the federal | 2076 |
government in order to maintain the exclusion from gross income | 2077 |
for federal income tax purposes of interest on those state | 2078 |
obligations pursuant to section 148(f) of the Internal Revenue | 2079 |
Code. | 2080 |
Rebate payments shall be approved and vouchered by the Office | 2081 |
of Budget and Management. | 2082 |
Section 390. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 2083 |
REESTABLISHMENT OF ENCUMBRANCES | 2084 |
Any cash transferred by the Director of Budget and Management | 2085 |
as provided by section 126.15 of the Revised Code is appropriated. | 2086 |
Any amounts necessary to reestablish appropriations or | 2087 |
encumbrances as provided in section 126.15 of the Revised Code are | 2088 |
hereby appropriated. | 2089 |
Section 395. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 2090 |
Pursuant to the plan for compliance with the Federal Cash | 2091 |
Management Improvement Act required by section 131.36 of the | 2092 |
Revised Code, the Director of Budget and Management may cancel and | 2093 |
reestablish all or parts of encumbrances in like amounts within | 2094 |
the funds identified by the plan. The amounts necessary to | 2095 |
reestablish all or parts of encumbrances are hereby appropriated. | 2096 |
Section 400. STATEWIDE INDIRECT COST RECOVERY | 2097 |
Whenever the Director of Budget and Management determines | 2098 |
that an appropriation made to a state agency from a fund of the | 2099 |
state is insufficient to provide for the recovery of statewide | 2100 |
indirect costs pursuant to section 126.12 of the Revised Code, the | 2101 |
amount required for such purpose is appropriated from the | 2102 |
available receipts of such fund. | 2103 |
Section 405. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 2104 |
INDIRECT COST ALLOCATION PLAN | 2105 |
The total transfers made from the General Revenue Fund by the | 2106 |
Director of Budget and Management under this section shall not | 2107 |
exceed the amounts transferred into the General Revenue Fund | 2108 |
pursuant to section 126.12 of the Revised Code. | 2109 |
The director of an agency may certify to the Director of | 2110 |
Budget and Management the amount of expenses not allowed to be | 2111 |
included in the Statewide Indirect Cost Allocation plan under | 2112 |
federal regulations, from any fund included in the Statewide | 2113 |
Indirect Cost Allocation plan, prepared as required by section | 2114 |
126.12 of the Revised Code. | 2115 |
Upon determining that no alternative source of funding is | 2116 |
available to pay for such expenses, the Director of Budget and | 2117 |
Management may transfer from the General Revenue Fund into the | 2118 |
fund for which the certification is made, up to the amount of the | 2119 |
certification. The director of the agency receiving such funds | 2120 |
shall include, as part of the next budget submission prepared | 2121 |
pursuant to section 126.02 of the Revised Code, a request for | 2122 |
funding for such activities from an alternative source such that | 2123 |
further federal disallowances would not be required. | 2124 |
Section 410. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 2125 |
BALANCES OF OPERATING APPROPRIATIONS | 2126 |
An unexpended balance of an operating appropriation or | 2127 |
reappropriation that a state agency lawfully encumbered prior to | 2128 |
the close of a fiscal year is reappropriated on the first day of | 2129 |
July of the following fiscal year from the fund from which it was | 2130 |
originally appropriated or reappropriated for the following period | 2131 |
and shall remain available only for the purpose of discharging the | 2132 |
encumbrance: | 2133 |
(A) For an encumbrance for personal services, maintenance, | 2134 |
equipment, or items for resale, other than an encumbrance for an | 2135 |
item of special order manufacture not available on term contract | 2136 |
or in the open market or for reclamation of land or oil and gas | 2137 |
wells for a period of not more than five months from the end of | 2138 |
the fiscal year; | 2139 |
(B) For an encumbrance for an item of special order | 2140 |
manufacture not available on term contract or in the open market, | 2141 |
for a period of not more than five months from the end of the | 2142 |
fiscal year or, with the written approval of the Director of | 2143 |
Budget and Management, for a period of not more than twelve months | 2144 |
from the end of the fiscal year; | 2145 |
(C) For an encumbrance for reclamation of land or oil and gas | 2146 |
wells, for a period ending when the encumbered appropriation is | 2147 |
expended or for a period of two years, whichever is less; | 2148 |
(D) For an encumbrance for any other expense, for such period | 2149 |
as the director approves, provided such period does not exceed two | 2150 |
years. | 2151 |
Any operating appropriations for which unexpended balances | 2152 |
are reappropriated beyond a five-month period from the end of the | 2153 |
fiscal year by division (B) of this section shall be reported to | 2154 |
the Controlling Board by the Director of Budget and Management by | 2155 |
the thirty-first day of December of each year. The report on each | 2156 |
such item shall include the item, the cost of the item, and the | 2157 |
name of the vendor. This report to the board shall be updated on a | 2158 |
quarterly basis for encumbrances remaining open. | 2159 |
Upon the expiration of the reappropriation period set out in | 2160 |
division (A), (B), (C), or (D) of this section, a reappropriation | 2161 |
made by this section lapses, and the Director of Budget and | 2162 |
Management shall cancel the encumbrance of the unexpended | 2163 |
reappropriation not later than the end of the weekend following | 2164 |
the expiration of the reappropriation period. | 2165 |
Notwithstanding the preceding paragraph, with the approval of | 2166 |
the Director of Budget and Management, an unexpended balance of an | 2167 |
encumbrance that was reappropriated on the first day of July by | 2168 |
this section for a period specified in division (C) or (D) of this | 2169 |
section and that remains encumbered at the close of the fiscal | 2170 |
biennium is hereby reappropriated on the first day of July of the | 2171 |
following fiscal biennium from the fund from which it was | 2172 |
originally appropriated or reappropriated for the applicable | 2173 |
period specified in division (C) or (D) of this section and shall | 2174 |
remain available only for the purpose of discharging the | 2175 |
encumbrance. | 2176 |
The Director of Budget and Management may correct accounting | 2177 |
errors committed by the staff of the Office of Budget and | 2178 |
Management, such as reestablishing encumbrances or appropriations | 2179 |
canceled in error, during the cancellation of operating | 2180 |
encumbrances in November and of nonoperating encumbrances in | 2181 |
December. | 2182 |
If the Controlling Board approved a purchase, that approval | 2183 |
remains in effect as long as the appropriation used to make that | 2184 |
purchase remains encumbered. | 2185 |
Section 415. FEDERAL GOVERNMENT INTEREST REQUIREMENTS | 2186 |
Notwithstanding any provision of law to the contrary, on or | 2187 |
before the first day of September of each fiscal year, the | 2188 |
Director of Budget and Management, in order to reduce the payment | 2189 |
of adjustments to the federal government, as determined by the | 2190 |
plan prepared pursuant to division (A) of section 126.12 of the | 2191 |
Revised Code, may designate such funds as the director considers | 2192 |
necessary to retain their own interest earnings. | 2193 |
Section 420. FEDERAL STABILIZATION APPROPRIATIONS | 2194 |
There is hereby appropriated in anticipation of receiving | 2195 |
federal stabilization funds from the American Recovery and | 2196 |
Reinvestment Act, Title XIV for the following items: | 2197 |
(A) Board of Regents appropriation item 235644, State Share | 2198 |
of Instruction - Federal Stimulus – Education, $5,959,116; | 2199 |
(B) Department of Education appropriation item 200551 | 2200 |
Foundation Funding - Federal Stimulus, $7,453,537; and | 2201 |
(C) Department of Rehabilitation and Corrections | 2202 |
appropriation item 501620 Institutional Operations-Federal | 2203 |
Stimulus, $638,881. | 2204 |
Section 425. NEGATIVE CASH BALANCES | 2205 |
Notwithstanding the provisions of section 126.06 of the | 2206 |
Revised Code or any other provision of law to the contrary, for | 2207 |
the period July 1, 2009, through June 30, 2011, the Director of | 2208 |
Budget and Management may allow the negative cash balance of the | 2209 |
General Revenue Fund to exceed ten per cent of the total revenue | 2210 |
of the General Revenue Fund in the preceding fiscal year. | 2211 |
Section 430. TRANSFERS TO THE BUDGET STABILIZATION FUND AND | 2212 |
INCOME TAX REDUCTION FUND | 2213 |
Notwithstanding section 131.44 of the Revised Code or any | 2214 |
other provision of law to the contrary, for the period July 1, | 2215 |
2009, through June 30, 2011, the Director of Budget and Management | 2216 |
shall determine what, if any, surplus revenue exists in each | 2217 |
preceding fiscal year. If the Director determines that | 2218 |
insufficient revenues exist or that transfers to the budget | 2219 |
stabilization fund or the income tax reduction fund are | 2220 |
impracticable, the Director shall not be required to transfer from | 2221 |
the General Revenue Fund the unencumbered balance on the preceding | 2222 |
thirtieth day of June in excess of one-half of one per cent of the | 2223 |
General Revenue Fund revenues in the preceding fiscal year to the | 2224 |
budget stabilization fund or the income tax reduction fund. | 2225 |
Section 803.10. Law contained in the main operating | 2226 |
appropriations act of the 128th General Assembly that applies | 2227 |
generally to the appropriations made in that act also applies | 2228 |
generally to the appropriations made in this act. | 2229 |
Section 805.10. The provisions of law contained in this act, | 2230 |
and their applications, are severable. If any provision of law | 2231 |
contained in this act, or if any application of any provision of | 2232 |
law contained in this act, is held invalid, the invalidity does | 2233 |
not affect other provisions of law contained in this act and their | 2234 |
applications that can be given effect without the invalid | 2235 |
provision or application. | 2236 |
Section 807.10. An item that composes the whole or part of an | 2237 |
uncodified section of law contained in this act has no effect | 2238 |
after June 30, 2011, unless the context clearly indicates | 2239 |
otherwise. | 2240 |
Section 809.10. Except as otherwise provided in this act, the | 2241 |
amendment or enactment by this act of a section of law is exempt | 2242 |
from the referendum because it is or relates to an appropriation | 2243 |
for current expenses within the meaning of Ohio Constitution, | 2244 |
Article II, Section 1d and section 1.471 of the Revised Code and | 2245 |
therefore takes effect immediately when this act becomes law. | 2246 |
Section 809.12. The amendment of sections 2305.24, 2305.25, | 2247 |
and 4123.511 of the Revised Code by this act are subject to the | 2248 |
referendum under Ohio Constitution, Article II, Section 1c and | 2249 |
therefore take effect on the ninety-first day after this act is | 2250 |
filed with the Secretary of State. | 2251 |